S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9215
 
                           I N  A S S E M B L Y
 
                             February 16, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing a civil remedy for the protection of companion animals  denied
   proper care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The agriculture and markets law is amended by adding a  new
 article 26-D to read as follows:
 
                               ARTICLE 26-D
           CIVIL REMEDY FOR THE PROTECTION OF COMPANION ANIMALS
 SECTION 440. LEGISLATIVE PURPOSE.
          441. DEFINITIONS.
          442. JURISDICTION; COURTS; VENUE.
          443. NOTICE OF MISTREATED COMPANION ANIMAL.
          444. EMERGENCY POWERS.
          445. ANIMAL CARE HEARING.
          446. APPEAL.
          447. CONSTRUCTION WITH OTHER LAWS.
   § 440. LEGISLATIVE  PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO PROVIDE
 A CIVIL MEANS BY WHICH A COMPANION ANIMAL THAT IS FOUND TO BE MISTREATED
 OR NOT PROPERLY CARED FOR MAY BE:
   1. MADE THE SUBJECT OF A COURT ORDER TO PROVIDE  CARE  ISSUED  TO  ITS
 OWNER OR CARETAKER, AND
   2.  REMOVED  FROM  ITS  PRESENT  CUSTODY IF NECESSARY TO ENSURE PROPER
 CARE.
   § 441. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "MISTREATED OR NOT PROPERLY CARED FOR" MEANS EVERY ACT OR  OMISSION
 THAT  RESULTS  IN A COMPANION ANIMAL SUFFERING UNNECESSARY PSYCHOLOGICAL
 OR PHYSICAL INJURY OR PAIN, OR FAILING TO PROVIDE ADEQUATE FOOD,  WATER,
 SHELTER OR VETERINARY CARE NECESSARY TO PRESERVE THE PHYSICAL AND MENTAL
 WELL-BEING OF A COMPANION ANIMAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14303-03-4
 A. 9215                             2
 
   2.  "COMPANION  ANIMAL"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED BY
 SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
   3. "AUTHORIZED AGENT" MEANS ANY POLICE OFFICER, OR AGENT OR OFFICER OF
 ANY  DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
 PURSUANT TO SECTION THREE HUNDRED SEVENTY-THREE OF THIS CHAPTER.
   4. "IMPOUNDING ORGANIZATION" SHALL MEAN ANY MUNICIPAL POUND  OR  SHEL-
 TER,  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
 OR DULY INCORPORATED HUMANE SOCIETY.
   § 442. JURISDICTION; COURTS; VENUE. 1. A SPECIAL PROCEEDING TO  ENSURE
 PROPER  CARE OR SEIZURE OF A COMPANION ANIMAL SHALL BE MAINTAINED IN THE
 SUPREME COURT.
   2. THE PLACE OF THE SPECIAL PROCEEDING SHALL BE WITHIN  THE  JURISDIC-
 TIONAL  AREA  OF  THE COURT WHERE SUCH COMPANION ANIMAL THEREOF IS SITU-
 ATED.
   § 443. NOTICE OF MISTREATED COMPANION ANIMAL. IF AN  AUTHORIZED  AGENT
 HAS  REASON  TO  BELIEVE  THAT  A  COMPANION ANIMAL HAS BEEN OR IS BEING
 MISTREATED OR NOT PROPERLY CARED FOR, SUCH AUTHORIZED AGENT  MAY  NOTIFY
 THE OWNER OR CARETAKER, IN WRITING, OF SUCH OWNER OR CARETAKER'S DUTY TO
 PROVIDE  CERTAIN  CARE,  INCLUDING  BUT  NOT LIMITED TO, PROPER SHELTER,
 FOOD, WATER OR VETERINARY CARE TO SUCH COMPANION ANIMAL AT  THE  OWNER'S
 OR  CARETAKER'S  EXPENSE  AND  WITHIN  A  TIME PERIOD DETERMINED BY SUCH
 AUTHORIZED AGENT'S DISCRETION.
   § 444. EMERGENCY POWERS. 1.  IF  SUCH  OWNER  OR  CARETAKER  FAILS  TO
 PROVIDE  CARE TO SUCH COMPANION ANIMAL AND SUCH COMPANION ANIMAL REMAINS
 MISTREATED OR NOT CARED FOR AFTER RECEIVING NOTICE AND WITHIN  THE  TIME
 PERIOD  DETERMINED  BY  SUCH  AUTHORIZED  AGENT, AN AUTHORIZED AGENT MAY
 IMMEDIATELY PETITION THE  COURT  FOR  AN  EX-PARTE  EMERGENCY  CARE  AND
 INSPECTION ORDER.
   2.  AN EMERGENCY CARE AND INSPECTION ORDER SHALL BE IMMEDIATELY ISSUED
 UPON A SHOWING OF PROBABLE CAUSE THAT SUCH COMPANION ANIMAL HAS BEEN  OR
 IS BEING MISTREATED OR NOT PROPERLY CARED FOR.
   3.  SUCH ORDER SHALL REQUIRE THE OWNER OR CARETAKER TO PROVIDE CARE TO
 SUCH COMPANION ANIMAL AND ALLOW AN AUTHORIZED AGENT TO  ENTER  ONTO  THE
 PREMISES  WHERE  SUCH  COMPANION  ANIMAL  IS  BEING  KEPT TO ENSURE SUCH
 COMPANION ANIMAL IS RECEIVING NECESSARY FOOD, WATER, SHELTER AND CARE.
   4. AN EX-PARTE EMERGENCY CARE AND INSPECTION ORDER ISSUED PURSUANT  TO
 THIS SECTION SHALL BE EFFECTIVE UPON SERVICE, IN ACCORDANCE WITH SECTION
 THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND SHALL:
   (A)  PROVIDE  SPECIFIC  DETAILS  OF  SUCH  MISTREATMENT  OR FAILURE TO
 PROVIDE PROPER CARE TO SUCH COMPANION ANIMAL AND DIRECT  SUCH  OWNER  OR
 CARETAKER TO TAKE CORRECTIVE ACTION;
   (B)  ALLOW AN AUTHORIZED AGENT AND LICENSED VETERINARIAN AT THE DIREC-
 TION OF SUCH AUTHORIZED AGENT TO INSPECT SUCH COMPANION ANIMAL TO ENSURE
 COMPLIANCE WITH THE ORDER TO PROVIDE CARE;
   (C) PROHIBIT SUCH  OWNER  OR  CARETAKER  FROM  INTERFERING  WITH  SUCH
 INSPECTION BY THE AUTHORIZED AGENT OR VETERINARIAN;
   (D) PROHIBIT AN OWNER OR CARETAKER FROM TRANSFERRING OWNERSHIP OF SUCH
 COMPANION ANIMAL;
   (E)  PROHIBIT  AN  OWNER  OR CARETAKER FROM EUTHANIZING SUCH COMPANION
 ANIMAL WITHOUT FIRST SEEKING AND OBTAINING PERMISSION OF THE COURT ON  A
 SHOWING  THAT  SUCH  PROCEDURE IS TO PREVENT UNDUE SUFFERING OR PHYSICAL
 PAIN TO SUCH COMPANION ANIMAL; AND
   (F) ALLOW A VETERINARIAN TO EXAMINE SUCH  COMPANION  ANIMAL  AT  LEAST
 TWENTY-FOUR HOURS PRIOR TO SUCH ANIMAL CARE HEARING.
   5.  UPON ISSUANCE OF AN EMERGENCY CARE AND INSPECTION ORDER, THE COURT
 SHALL SET A TIME WITHIN TEN CALENDAR DAYS OF THE DATE OF ISSUANCE FOR AN
 A. 9215                             3
 
 ANIMAL CARE HEARING PURSUANT TO SECTION FOUR HUNDRED FORTY-FIVE OF  THIS
 ARTICLE,  TO DETERMINE WHETHER SUCH COMPANION ANIMAL HAS BEEN MISTREATED
 OR NOT PROPERLY CARED FOR. THE DATE AND TIME FOR THE  SCHEDULED  HEARING
 SHALL BE NOTED WITHIN SUCH ORDER, OR AS AN ATTACHMENT TO SUCH ORDER.
   6.  SUCH EMERGENCY CARE AND INSPECTION ORDER AND NOTICE OF ANIMAL CARE
 HEARING SHALL BE PROVIDED WITHIN AT LEAST FIVE DAYS PRIOR TO THE  SCHED-
 ULED  ANIMAL  CARE  HEARING  AND SERVED IN ACCORDANCE WITH SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND  RULES.  IF  SUCH  OWNER  OR
 CARETAKER  IS  NOT  KNOWN,  THE  EMERGENCY CARE AND INSPECTION ORDER AND
 NOTICE OF ANIMAL CARE HEARING MAY BE AFFIXED TO SUCH PREMISES WHERE SUCH
 COMPANION ANIMAL WAS LOCATED.
   § 445. ANIMAL CARE HEARING. 1. IN A PROCEEDING  TO  DETERMINE  WHETHER
 SUCH  COMPANION  ANIMAL  HAS BEEN OR IS BEING MISTREATED OR NOT PROPERLY
 CARED FOR, AND THAT SUCH OWNER IS UNABLE  TO  OR  UNWILLING  TO  PROVIDE
 IMMEDIATE AND CONTINUED PROPER CARE FOR SUCH COMPANION ANIMAL, THE COURT
 MAY CONSIDER THE FOLLOWING:
   (A)  TESTIMONY FROM THE AUTHORIZED AGENT AND OTHER WITNESSES AS TO THE
 CONDITION OF SUCH COMPANION ANIMAL;
   (B) TESTIMONY FROM THE AUTHORIZED AGENT AND OTHER WITNESSES AS TO  THE
 CONDITIONS UNDER WHICH SUCH COMPANION ANIMAL WAS KEPT;
   (C) EVIDENCE AS TO ANY VETERINARY AND BEHAVIORAL CARE PROVIDED TO SUCH
 COMPANION ANIMAL;
   (D) TESTIMONY FROM WITNESSES AS TO THE PRIOR TREATMENT OR CONDITION OF
 SUCH  COMPANION  ANIMAL OR OTHER COMPANION ANIMALS IN THE OWNER OR CARE-
 TAKER'S CUSTODY;
   (E) PRIOR CONVICTIONS OF STATUTES PROHIBITING CRUELTY TO ANIMALS; AND
   (F) ANY EVIDENCE THE COURT DEEMS MATERIAL OR RELEVANT.
   2. THE AUTHORIZED AGENT SHALL HAVE THE BURDEN TO PROVE, BY  A  PREPON-
 DERANCE  OF  THE  EVIDENCE, THAT SUCH COMPANION ANIMAL WAS MISTREATED OR
 NOT PROPERLY CARED FOR, AND THAT SUCH OWNER OR CARETAKER  IS  UNABLE  OR
 UNWILLING  TO  PROVIDE  IMMEDIATE  AND  CONTINUED  PROPER  CARE FOR SUCH
 COMPANION ANIMAL.  THE OWNER OR CARETAKER SHALL HAVE THE RIGHT TO A FULL
 DEFENSE INCLUDING, BUT  NOT  LIMITED  TO,  THE  RIGHT  TO  CROSS-EXAMINE
 WITNESSES AND TO PRESENT WITNESSES AND EVIDENCE.
   3. IF THE COURT DETERMINES THAT SUCH OWNER OR CARETAKER OF THE COMPAN-
 ION  ANIMAL  IS  UNABLE  OR  UNWILLING  TO PROVIDE ADEQUATE CARE FOR THE
 COMPANION ANIMAL AND THAT THE COMPANION ANIMAL  WAS  MISTREATED  OR  NOT
 PROPERLY  CARED FOR, THE COURT SHALL ORDER THE IMMEDIATE FORFEITURE SUCH
 COMPANION ANIMAL THAT HAS BEEN THE SUBJECT OF THE HEARING TO THE AUTHOR-
 IZED AGENT. THE COURT SHALL ALSO ENJOIN THE OWNER OR CARETAKER'S FURTHER
 POSSESSION, CUSTODY, OR OWNERSHIP OF SUCH OTHER COMPANION ANIMALS FOR  A
 TIME DETERMINED BY THE COURT TO BE REASONABLE.
   (A)  UPON  AN  ORDER  OF  FORFEITURE PURSUANT TO THIS SUBDIVISION, THE
 AUTHORIZED AGENT MAY DELIVER SUCH  COMPANION  ANIMAL  TO  AN  IMPOUNDING
 ORGANIZATION FOR ADOPTION OR OTHER DISPOSITION PURSUANT TO SECTION THREE
 HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   (B)  ANY ORDER OF FORFEITURE PURSUANT TO THIS SECTION SHALL IDENTIFY A
 SUPERSEDEAS BOND AMOUNT BASED ON THE REASONABLE COST  TO  CARE  FOR  THE
 COMPANION  ANIMAL  SUBJECT TO THE ORDER OF FORFEITURE, TO BE PAID BY THE
 OWNER OR CARETAKER. REASONABLE COSTS OF CARE SHALL BE  DETERMINED  BASED
 ON TESTIMONY PROVIDED AT THE ANIMAL CARE HEARING AND SHALL BE CALCULATED
 BASED  ON THE TOTAL NUMBER OF ANIMAL OR ANIMALS AND THE REASONABLE DAILY
 COST OF CARE FOR SUCH ANIMAL OR ANIMALS FOR, AT MINIMUM, A PERIOD OF ONE
 HUNDRED EIGHTY DAYS.
   4. IF THE COURT DETERMINES THAT SUCH OWNER OR CARETAKER OF THE COMPAN-
 ION ANIMAL HAS PROVIDED AND WILL CONTINUE TO PROVIDE ADEQUATE  CARE  FOR
 A. 9215                             4
 
 THE  COMPANION  ANIMAL THAT HAS BEEN THE SUBJECT OF THE ORDER TO PROVIDE
 CARE, OR THAT THE COMPANION ANIMAL WAS NOT MISTREATED  OR  NOT  PROPERLY
 CARED  FOR  AS  SET FORTH IN THE EMERGENCY ORDER, THE COURT SHALL VACATE
 THE  ORDER  TO  PROVIDE CARE. VACATUR PURSUANT TO THIS SUBDIVISION SHALL
 NOT PRECLUDE THE COURT FROM ENTERING AN ORDER TO  PROVIDE  CARE  IN  THE
 FUTURE.
   5.  A  FINDING  IN A COURT OF COMPETENT JURISDICTION THAT THE OWNER OR
 CARETAKER OF THE ANIMAL IS GUILTY OF AN OFFENSE BROUGHT PURSUANT TO THIS
 ARTICLE RELATING TO THE COMPANION ANIMAL THAT  IS  THE  SUBJECT  OF  THE
 ANIMAL  CARE  HEARING IS PRIMA FACIE EVIDENCE THAT SUCH COMPANION ANIMAL
 HAS BEEN MISTREATED OR NOT PROPERLY CARED FOR.
   § 446. APPEAL. 1. AN APPEAL MAY BE TAKEN TO THE APPELLATE DIVISION  AS
 OF  RIGHT,  ORIGINATING  IN  THE  SUPREME  COURT FROM WHERE THE ORDER OF
 FORFEITURE WAS ISSUED. AS A CONDITION OF  PERFECTING  SUCH  APPEAL,  THE
 OWNER  OR  CARETAKER SHALL FILE A NOTICE OF APPEAL AND PAY SUCH SUPERSE-
 DEAS BOND SET BY THE COURT, NOT LATER THAN TEN CALENDAR DAYS  AFTER  THE
 DATE THE ORDER OF FORFEITURE WAS ISSUED.
   2.  ANY  APPEAL FILED WITH THE APPELLATE DIVISION OF THE SUPREME COURT
 SHALL BE PERFECTED WITHIN THIRTY DAYS FOLLOWING THE DATE OF THE ORDER OF
 FORFEITURE.
   3. A HEARING ON SUCH APPEAL SHALL BE HEARD WITHIN THIRTY CALENDAR DAYS
 AFTER SUCH APPEAL IS PERFECTED UNLESS A CONTINUANCE IS  MUTUALLY  AGREED
 UPON THE PARTIES. IF A CONTINUANCE IS GRANTED, THE OWNER OR CARETAKER OF
 SUCH  FORFEITED  COMPANION ANIMAL SHALL PAY A SECOND SUPERSEDEAS BOND IN
 THE AMOUNT ORDERED BY THE APPELLATE DIVISION.
   4. THE FILING OF SUCH APPEAL  SHALL  NOT  PREVENT  THE  REMOVAL  OF  A
 FORFEITED  COMPANION ANIMAL FROM SUCH OWNER OR CARETAKER'S POSSESSION BY
 THE AUTHORIZED AGENT. HOWEVER, IF SUCH SUPERSEDEAS BOND  HAS  BEEN  PAID
 UNDER  SUBDIVISION ONE OF THIS SECTION, SUCH COMPANION ANIMAL OR ANIMALS
 MAY NOT BE ADOPTED OR OTHERWISE DISPOSED OF, EXCEPT UNDER  CIRCUMSTANCES
 WHICH  WOULD  REQUIRE  THE HUMANE EUTHANASIA OF SUCH COMPANION ANIMAL TO
 PREVENT UNDUE SUFFERING OR PHYSICAL PAIN, OR WHERE SUCH COMPANION ANIMAL
 POSES A SEVERE AND IMMEDIATE DANGER TO ITSELF, PEOPLE OR OTHER ANIMALS.
   § 447. CONSTRUCTION WITH OTHER LAWS. NOTHING IN THIS ARTICLE SHALL  BE
 CONSTRUED  TO  (A) LIMIT OR RESTRICT AGENTS OR OFFICERS OF SOCIETIES FOR
 THE PREVENTION OF CRUELTY TO ANIMALS OR ANY POLICE OFFICER FROM  ENFORC-
 ING  OTHER PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER
 LAW RELATING TO THE HUMANE TREATMENT OF, OR CRUELTY TO, ANIMALS, OR  (B)
 PREVENT  A  DOG CONTROL OFFICER OR PEACE OFFICER, ACTING PURSUANT TO THE
 OFFICER'S SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY  OF  OR  UNDER
 CONTRACT  TO  A  MUNICIPALITY  FROM  SEIZING ANY DOG PURSUANT TO ARTICLE
 SEVEN OF THIS CHAPTER. RELIEF PURSUANT TO  THIS  SECTION  SHALL  NOT  BE
 STAYED  OR  CONTINUED DUE TO THE FILING OF CRIMINAL CHARGES INVOLVING OR
 OTHERWISE RELATING TO SUCH COMPANION ANIMALS THAT  ARE  SUBJECT  OF  THE
 EMERGENCY CARE AND INSPECTION ORDER AND ANIMAL CARE HEARING.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.