senate Bill S4796A

2017-2018 Legislative Session

Relates to the proper venue for an impounding organization to file a petition for a security

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Sponsored By

Current Bill Status - In Senate 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2017 committed to rules
Jun 05, 2017 amended on third reading (t) 4796a
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.938
Mar 01, 2017 referred to agriculture

Votes

view votes

May 16, 2017 - Agriculture committee Vote

S4796
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 16, 2017

aye wr (1)

S4796 - Details

See Assembly Version of this Bill:
A62A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §373, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:
S5727A, A7969A

S4796 - Summary

Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

S4796 - Sponsor Memo

S4796 - Bill Text download pdf

                    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

Co-Sponsors

S4796A (ACTIVE) - Details

See Assembly Version of this Bill:
A62A
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §373, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:
S5727A, A7969A

S4796A (ACTIVE) - Summary

Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

S4796A (ACTIVE) - Sponsor Memo

S4796A (ACTIVE) - Bill Text download pdf

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

                                 4796--A
    Cal. No. 938

                       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  --  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
  proper venue for an impounding organization to file a petition  for  a
  security

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

  Section 1. Paragraph a of subdivision 6 of section 373 of the agricul-
ture 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 BEEN FILED requesting that the person from
whom an animal is seized or the owner of the animal be ordered to post a
security. 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
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

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