NY State Senate Bill S3707

senate Bill S3707

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 - Passed Senate

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

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2019	referred to agriculture delivered to assembly passed senate
Mar 05, 2019	advanced to third reading
Mar 04, 2019	2nd report cal.
Feb 28, 2019	1st report cal.199
Feb 13, 2019	referred to domestic animal welfare

Votes

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Mar 26, 2019 - floor Vote

S3707

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2019 - Domestic Animal Welfare committee Vote

S3707

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Domestic Animal Welfare committee vote details

Domestic Animal Welfare Committee Vote: Feb 28, 2019

aye (6)

aye wr (1)

Tedisco

Co-Sponsors

S3707 (ACTIVE) - Details

See Assembly Version of this Bill:: A5552
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: S5727, A7969
2017-2018: S4796, A62

S3707 (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.

S3707 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3707

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

This bill seeks to improve the process for animal sheltering organiza-
tions to responsibly meet the costs associated with caring for the
victims of animal cruelty during a criminal investigation.

 
SUMMARY OF PROVISIONS:

Section one amends section 373 of the agriculture and markets law to
authorize an impounding organization, holding live animals as evidence
on behalf of any political subdivision of government during a criminal
investigation, to petition the court of jurisdiction for the posting of

security upon the issuance of an appearance ticket under certain circum-
stances, or within a reasonable time thereafter. This section also
provides that service can be completed personally or through certified
mail when a petition is filed after the issuance of an appearance tick-
et, but prior to arraignment on charges. If a petition is filed after
the issuance of an appearance ticket, but prior to arraignment on charg-
es, if the defendant does not have counsel at the time of arraignment,
the court may appoint counsel for purposes of the petition if such
defendant is otherwise eligible for appointed counsel for the underlying
criminal offense.

Section two provides the effective date.

 
JUSTIFICATION:

Not-for-profit humane societies, societies for the prevention of cruelty
to animals and other sheltering organizations are often left to care for
the victims of animal abuse when such animals are seized from their
alleged abusers. The security posting process in current law plays an
essential role in helping to cover the significant costs associated with
caring for these victims by authorizing courts to require the accused to
place funds in an account that can be accessed by the sheltering organ-
ization to assist with providing this essential service.

Under current law, once cruelty or animal fighting charges are filed, it
cany several months or even longer before the criminal case is resolved
- either by a plea bargain or by.4riMinA trial. Depending upon the
specifics of the case and the jurisdiction, arraignment may not occur
for several days, several weeks, or in many cases much longer. In New
York City, for example, the typical wait for an arraignment to occur is
at least six to eight weeks after the issuance of an appearance ticket.
This creates a clear and serious delay in the ability to petition the
court for security, thereby placing the financial burden of caring for
such animals squarely upon the impounding organization until arraignment
occurs.

This legislation would authorize the security posting petition to be
filed upon the issuance of an appearance ticket or within a reasonable
time thereafter. It would not affect or confuse the current petition
process where an alleged abuser is brought into physical custody. In
doing so, it will benefit not just the impounding organization and the
seized animals but also the defendant, who will be assured prompter
access to the judicial forum to ensure retention of his animals while
criminal charges are resolved. This would greatly improve the process
for animal shelters and the local governments they serve to responsibly
meet the costs associated withcaring for the victims of animal, cruelty.

Unable to shoulder the costs associated with caring for these animals
alone, many shelters are forced to limit the assistance they can offer.
This creates an obstacle to effective enforcement of cruelty and anti-
fighting laws, which are serious misdemeanor and felony-level crimes in
New York State. If there is no place for the seized animals to go, law
enforcement often has little choice but to weigh against seizing them in
the first place, an outcome that must be avoided wherever possible.

 
LEGISLATIVE HISTORY:

A.7969-A of 2015 and 2016, referred to agriculture.

Same as S. 5727-A, referred to agriculture in 2015 and advanced to a
third reading in 2016.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
On the ninetieth day after it shall have become a law

S3707 (ACTIVE) - Bill Text download pdf


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

                                  3707

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 13, 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  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

S. 3707                             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.

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The New York State Senate

senate Bill S3707

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 26, 2019 - floor Vote

Floor Vote: Mar 26, 2019

Feb 28, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 28, 2019

Co-Sponsors

S3707 (ACTIVE) - Details

S3707 (ACTIVE) - Summary

S3707 (ACTIVE) - Sponsor Memo

S3707 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3707

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Sponsored By

Monica R. Martinez

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 26, 2019 - floor Vote

Floor Vote: Mar 26, 2019

Feb 28, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 28, 2019

Co-Sponsors

Joseph P. Addabbo Jr

José M. Serrano

S3707 (ACTIVE) - Details

S3707 (ACTIVE) - Summary

S3707 (ACTIVE) - Sponsor Memo

S3707 (ACTIVE) - Bill Text download pdf

Comments