S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3413
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the agriculture and markets law, in relation to  author-
   izing  district  attorneys to petition for the posting of security for
   the care of impounded animals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a and c of subdivision 6 of section 373 of the
 agriculture and markets law, paragraph a as amended by  chapter  289  of
 the  laws  of 2018 and paragraph c as amended by chapter 256 of the laws
 of 1997, 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  authorized
 agents thereof, hereinafter referred to for the purposes of this section
 as  the  "impounding organization", OR THE DISTRICT ATTORNEY PROSECUTING
 THE CHARGES OR ANY AGENT THEREOF, ACTING ON  BEHALF  OF  THE  IMPOUNDING
 ORGANIZATION,  may  AT OR AFTER ARRAIGNMENT ON THE CHARGES, file a peti-
 tion 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  organ-
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09718-01-9

 S. 3413                             2
 
 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.
   c. In no event shall the security prevent the impounding  organization
 having  custody  and  care  of  the  animal from disposing of the animal
 pursuant to section three hundred seventy-four of this article prior  to
 the  expiration  of the thirty day period covered by the security if the
 court makes a determination of the charges against the person from  whom
 the  animal  was  seized prior thereto. Upon receipt of a petition [from
 the impounding organization] PURSUANT TO THIS SUBDIVISION, the court may
 order the person from whom the animal was seized or  the  owner  of  the
 animal  to  post  an  additional security with the clerk of the court to
 secure payment of reasonable expenses for an additional period  of  time
 pending  a  determination by the court of the charges against the person
 from whom the animal was seized. The  person  who  posted  the  security
 shall  be  entitled to a refund of the security in whole or part for any
 expenses not incurred by such impounding organization upon  adjudication
 of  the charges. The person who posted the security shall be entitled to
 a full refund of the security, including reimbursement by the impounding
 organization of any amount allowed by the court to be expended, and  the
 return of the animal seized and impounded upon acquittal or dismissal of
 the  charges, except where the dismissal is based upon an adjournment in
 contemplation of dismissal pursuant to section 215.30  of  the  criminal
 procedure  law.  The court order directing such refund and reimbursement
 shall provide for payment to be made within a reasonable time  from  the
 acquittal or dismissal of charges.
   §  2. Subparagraph 1 of paragraph b of subdivision 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:
   (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,  WHERE
 THE  PETITIONER IS NOT THE DISTRICT ATTORNEY, UPON the district attorney
 if the district attorney has not filed the petition  on  behalf  of  the
 petitioner.  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 pecuniary interest in the  animal  which  is
 the  subject  of  the  petition. 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  violated  a  provision  of this article. The court may waive for
 good cause shown the posting of security.
   § 3. This act shall take effect immediately.