Assembly Bill A7969A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7969

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2015
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  posting of security by a person from whom  an  animal  is  seized  and
  impounded

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a and subparagraph 1 of paragraph b  of  subdivi-
sion  6 of section 373 of the agriculture and markets law, as amended by
chapter 531 of the laws of 2013, is amended to read as follows:
  a. If any animal is seized and impounded pursuant to the provisions of
this section, section three hundred fifty-three-d  of  this  article  or
section  three hundred seventy-five of this article for any violation of
this article, [upon arraignment of charges, or within a reasonable  time
thereafter,] the duly incorporated society for the prevention of cruelty
to  animals,  humane  society,  pound,  animal shelter or any authorized
agents thereof, hereinafter referred to for the purposes of this section
as the "impounding organization", may file a petition, with the court IN
WHICH CRIMINAL CHARGES HAVE OR WILL  BE  BROUGHT,  requesting  that  the
person  from  whom  an  animal  is  seized or the owner of the animal be
ordered to post a security. IF THE PERSON FROM WHOM AN ANIMAL IS  SEIZED
OR THE OWNER OF THE ANIMAL IS ISSUED AN APPEARANCE TICKET, AS DEFINED IN
SUBDIVISION  TWENTY-SIX  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
THE PETITION MAY BE FILED UPON THE ISSUANCE OF SUCH APPEARANCE TICKET OR
WITHIN A REASONABLE TIME THEREAFTER. IN  ALL  OTHER  CIRCUMSTANCES,  THE
PETITION MAY BE FILED UPON ARRAIGNMENT OF CHARGES OR WITHIN A REASONABLE
TIME  THEREAFTER. The district attorney prosecuting the charges may file
and obtain the requested relief on behalf of the impounding organization
if requested to do so by the impounding organization. The security shall
be in an amount sufficient to secure payment for all reasonable expenses
expected to be incurred by the impounding  organization  in  caring  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10798-01-5
              

A. 7969                             2

providing  for the animal pending disposition of the charges. Reasonable
expenses shall include, but not be limited to,  estimated  medical  care
and  boarding  of the animal for at least thirty days. The amount of the
security,  if  any,  shall  be determined by the court after taking into
consideration all of the facts and circumstances of the case  including,
but  not  limited  to  the recommendation of the impounding organization
having custody and care of the seized animal and the cost of caring  for
the  animal.  If  a  security  has  been  posted in accordance with this
section, the impounding organization may  draw  from  the  security  the
actual  reasonable  costs  to be incurred by such organization in caring
for the seized animal.
  (1) Upon receipt of a petition pursuant to paragraph a of this  subdi-
vision  the  court  shall  set a hearing on the petition to be conducted
within ten business days of the filing of such petition. The  petitioner
shall serve a true copy of the petition upon the [defendant] PERSON FROM
WHOM  THE  ANIMAL  IS SEIZED OR THE OWNER OF THE ANIMAL and the district
attorney if the district attorney has not filed the petition  on  behalf
of  the  petitioner.   IF THE PETITION IS FILED AFTER THE ISSUANCE OF AN
APPEARANCE TICKET BUT PRIOR TO ARRAIGNMENT ON CHARGES,  SERVICE  MAY  BE
EFFECTUATED  BY  SERVING  A TRUE COPY THEREOF PERSONALLY UPON THE PERSON
FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF THE ANIMAL, OR BY  SEND-
ING  A  TRUE COPY THEREOF BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF
THE PERSON FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF  THE  ANIMAL.
The  petitioner  shall  also  serve  a  true copy of the petition on any
interested person. For purposes of this subdivision,  interested  person
shall mean an individual, partnership, firm, joint stock company, corpo-
ration,  association,  trust, estate or other legal entity who the court
determines may have a pecuniary interest in  the  animal  which  is  the
subject  of  the petition.  PROVIDED, THAT, IF A PETITION IS FILED AFTER
THE ISSUANCE OF AN APPEARANCE TICKET BUT PRIOR TO ARRAIGNMENT ON  CHARG-
ES,  AND  THE PERSON FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF THE
ANIMAL DOES NOT HAVE COUNSEL AT THE TIME OF ARRAIGNMENT, THE  COURT  MAY
ASSIGN  COUNSEL  FOR PURPOSES OF THE PETITION IF SUCH PERSON OR OWNER IS
OTHERWISE ELIGIBLE FOR APPOINTED COUNSEL  FOR  THE  UNDERLYING  CRIMINAL
OFFENSE. The petitioner or the district attorney acting on behalf of the
petitioner,  shall  have the burden of proving by a preponderance of the
evidence that the person from whom the animal was seized OR THE OWNER OF
THE ANIMAL violated a provision of this article. The court may waive for
good cause shown the posting of security.   IF,  UPON  PROOF  OF  PROPER
SERVICE  PURSUANT  TO THIS SUBPARAGRAPH, THE PERSON FROM WHOM THE ANIMAL
WAS SEIZED OR THE OWNER OF THE ANIMAL FAILS TO APPEAR BEFORE  THE  COURT
ON  THE  DATE  OF  THE  HEARING,  SUCH  HEARING MAY BE CONDUCTED IN SUCH
PERSON'S OR OWNER'S ABSENCE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.