S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    772
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   disposition of abused farm animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs d, g and subparagraph 2 of paragraph f of subdi-
 vision 8 of section 374 of the agriculture and markets law, as added  by
 chapter  569  of  the laws of 1995 and such subdivision as renumbered by
 chapter 479 of the laws of 2009, are amended to read as follows:
   d. In the case of farm animals, the court  may,  in  addition  to  the
 forfeiture  to a duly incorporated society for the prevention of cruelty
 to animals or a duly incorporated humane society  or  authorized  agents
 thereof,  and  subject  to  the  restrictions  of sections three hundred
 fifty-four and three hundred fifty-seven of this article, order the farm
 animals which were the basis of the conviction to be sold.  In  no  case
 shall  farm animals which are the basis of the conviction be redeemed by
 the convicted person who is the subject of the order of forfeiture or by
 any person dwelling in the same household who conspired, aided or  abet-
 ted  in  the  unlawful act which was the basis of the conviction, or who
 knew or should have known of the unlawful act.  [The] IN NO  CASE  SHALL
 THE  CONVICTED  PERSON  OR ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO
 CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE  BASIS  OF
 THE  CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT BE
 ENTITLED TO ANY MONIES GENERATED FROM THE SALE  OF  FARM  ANIMALS  WHICH
 WERE THE BASIS OF THE CONVICTION. EXCEPT AS OTHERWISE PROVIDED HEREIN OR
 IN  SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE, THE court shall
 reimburse [the convicted person  and]  any  duly  determined  interested
 persons,  pursuant  to paragraph f of this subdivision, any money earned
 by the sale of the farm animals less any costs including, but not limit-
 ed to, veterinary and custodial care, and any fines or penalties imposed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03337-01-9

 A. 772                              2
 
 by the court. The court may order that the subject animals  be  provided
 with appropriate care and treatment pending the hearing and the disposi-
 tion  of  the  charges.  Any  farm animal ordered forfeited but not sold
 shall be remanded to the custody and charge of a duly incorporated soci-
 ety for the prevention of cruelty to animals or duly incorporated humane
 society  or  its  authorized  agent  thereof and disposed of pursuant to
 paragraph e of this subdivision.
   (2) [All] EXCEPT AS OTHERWISE PROVIDED  HEREIN  OR  IN  SECTION  THREE
 HUNDRED  SEVENTY-THREE  OF THIS ARTICLE, ALL interested persons shall be
 provided an opportunity at the  hearing  to  redeem  their  interest  as
 determined  by the court in the subject farm animals and to purchase the
 interest of the convicted person. The convicted  person  OR  ANY  PERSON
 DWELLING  IN  THE  SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE
 UNLAWFUL ACT WHICH WAS THE BASIS OF  THE  CONVICTION,  OR  WHO  KNEW  OR
 SHOULD  HAVE KNOWN OF THE UNLAWFUL ACT shall NOT be entitled to be reim-
 bursed his interest in the farm  animals[,  less  any  costs,  fines  or
 penalties  imposed  by the court, as specified under paragraph d of this
 subdivision]. In no case shall the court award custody or control of the
 animals to any interested person who conspired, aided or abetted in  the
 unlawful  act  which  was  the  basis  of the conviction, or who knew or
 should have known of the unlawful act.
   g. Nothing in this section shall be construed to limit or restrict  in
 any  way the rights of a secured party having a security interest in any
 farm animal described in this section[. This] EXCEPT THAT THE  CONVICTED
 PERSON OR ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED
 OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR
 WHO  KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT SHALL NOT BE ENTITLED
 TO BE REIMBURSED HIS INTEREST IN THE FARM ANIMALS.  EXCEPT AS  OTHERWISE
 PROVIDED  HEREIN OR IN SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTI-
 CLE, THIS section expressly does not impair or subordinate the rights of
 such a secured lender having a security interest in farm animals  or  in
 the proceeds from the sale of such farm animals.
   §  2. Subparagraphs 3 and 4 of paragraph b of subdivision 6 of section
 373 of the agriculture and markets law, as added by chapter 256  of  the
 laws of 1997, are amended to read as follows:
   (3)  In the case of an animal other than a companion animal or pet, if
 a person ordered to post security fails to do  so,  the  court  may,  in
 addition  to  the  forfeiture  to  a  duly  incorporated society for the
 prevention of cruelty to animals, humane society, pound, animal  shelter
 or  any  authorized  agents  thereof, and subject to the restrictions of
 sections three hundred fifty-four, three hundred fifty-seven  and  three
 hundred  seventy-four  of  this  article, order the animal which was the
 basis of the order to be sold,  provided  that  all  interested  persons
 shall  first be provided the opportunity to redeem their interest in the
 animal and to purchase the interest of the person ordered to post  secu-
 rity,  subject  to  such  conditions  as  the court deems appropriate to
 assure proper care and treatment of the animal. The  court  [may]  SHALL
 NOT  reimburse  the  person ordered to post security [and] OR ANY PERSON
 DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR  ABETTED  IN  THE
 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION OR WHO KNEW OR SHOULD
 HAVE  KNOWN  OF  THE  UNLAWFUL  ACT  ANY MONEY EARNED BY THE SALE OF THE
 ANIMAL BUT MAY REIMBURSE any OTHER interested persons any  money  earned
 by  the sale of the animal less any costs including, but not limited to,
 veterinary and custodial care. Any animal determined by the court to  be
 maimed,  diseased,  disabled or infirm so as to be unfit for sale or any
 useful purpose shall be forfeited to a duly incorporated society for the

 A. 772                              3
 
 prevention of cruelty to animals or a duly incorporated  humane  society
 or  authorized agents thereof, and be available for adoption or shall be
 euthanized subject to section three hundred seventy-four of  this  arti-
 cle.
   (4)  [Nothing] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION THREE
 HUNDRED SEVENTY-FOUR OF THIS ARTICLE, NOTHING in this section  shall  be
 construed  to limit or restrict in any way the rights of a secured party
 having a security interest in any  animal  described  in  this  section.
 [This]  EXCEPT  AS OTHERWISE PROVIDED HEREIN OR IN SECTION THREE HUNDRED
 SEVENTY-FOUR OF THIS ARTICLE, THIS section expressly does not impair  or
 subordinate the rights of such a secured lender having a security inter-
 est in the animal or in the proceeds from the sale of such animal.
   § 3. This act shall take effect immediately.