S T A T E O F N E W Y O R K
________________________________________________________________________
5552
2019-2020 Regular Sessions
I N A S S E M B L Y
February 13, 2019
___________
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 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, paragraph a as
amended by chapter 289 of the laws of 2018 and subparagraph 1 of para-
graph b as amended by chapter 531 of the laws of 2013, are 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 been filed 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09642-01-9
A. 5552 2
ization. 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 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.