senate Bill S5727A

2015-2016 Legislative Session

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 09, 2016 amended on third reading (t) 5727a
May 16, 2016 advanced to third reading
May 11, 2016 2nd report cal.
May 10, 2016 1st report cal.756
Jan 06, 2016 referred to agriculture
Jun 01, 2015 referred to agriculture

Votes

view votes

May 10, 2016 - Agriculture committee Vote

S5727
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 10, 2016

aye wr (1)
excused (1)

Co-Sponsors

S5727 - Details

See Assembly Version of this Bill:
A7969
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4796, A62
2019-2020: S3707, A5552

S5727 - Summary

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.

S5727 - Sponsor Memo

S5727 - Bill Text download pdf

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

                                  5727

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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

Co-Sponsors

S5727A (ACTIVE) - Details

See Assembly Version of this Bill:
A7969
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4796, A62
2019-2020: S3707, A5552

S5727A (ACTIVE) - Summary

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.

S5727A (ACTIVE) - Sponsor Memo

S5727A (ACTIVE) - Bill Text download pdf

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

                                 5727--A
    Cal. No. 756

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture -- recommitted to the Committee on Agriculture in accordance with
  Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  posting of security by a person against whom certain criminal  charges
  are pending

  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 author-
ized 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]
AGAINST  WHOM  CRIMINAL CHARGES ARE PENDING ("THE DEFENDANT") be ordered
to post a security. IF THE DEFENDANT IS ISSUED AN APPEARANCE TICKET,  AS
DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION 1.20 OF THE CRIMINAL PROCE-
DURE LAW, THE PETITION MAY BE FILED UPON THE ISSUANCE OF SUCH APPEARANCE
TICKET  OR  WITHIN  A  REASONABLE  TIME THEREAFTER. IN ALL OTHER CIRCUM-
STANCES, THE PETITION MAY BE FILED UPON ARRAIGNMENT OF CHARGES OR WITHIN

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

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