assembly Bill A5552

2019-2020 Legislative Session

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

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2019 referred to agriculture

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A5552 (ACTIVE) - Details

See Senate Version of this Bill:
S3707
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7969, S5727
2017-2018: A62, S4796

A5552 (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.

A5552 (ACTIVE) - Bill Text download pdf


                    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.

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