S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 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 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
 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 organ-
 ization. The security shall be in an amount sufficient to secure payment
 for all reasonable expenses expected to be incurred  by  the  impounding
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06444-01-7

 S. 4796                             2
 
 organization  in caring and 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 thir-
 ty  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 organ-
 ization 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 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
 DEFENDANT, OR BY SENDING A TRUE COPY THEREOF BY CERTIFIED  MAIL  TO  THE
 ADDRESS OF THE DEFENDANT. 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, corporation, association, trust, estate  or  other  legal
 entity  who  the court determines may have [a] AN OWNERSHIP OR 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 CHARGES, AND THE  DEFENDANT  DOES  NOT  HAVE
 COUNSEL  AT  THE  TIME  OF ARRAIGNMENT, THE COURT MAY ASSIGN COUNSEL FOR
 PURPOSES OF THE PETITION IF SUCH DEFENDANT  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] DEFENDANT violated a provision of  this
 article. The court may waive for good cause shown the posting of securi-
 ty.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.