S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2555--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by M. of A. McDONALD, STECK, BRABENEC, GLICK, JONES, DAVILA,
   KELLES, ANGELINO, SANTABARBARA, BUTTENSCHON -- read once and  referred
   to the Committee on Agriculture -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03437-03-5
              

 A. 2555--A                          2
 
   1. "MISTREATED OR NOT PROPERLY CARED FOR" SHALL MEAN ANY ACT OR  OMIS-
 SION THAT RESULTS IN A COMPANION ANIMAL SUFFERING UNNECESSARY PSYCHOLOG-
 ICAL  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.
   2.  "COMPANION  ANIMAL"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED BY
 SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
   3. "AUTHORIZED AGENT" SHALL MEAN ANY POLICE OFFICER, OR AGENT OR OFFI-
 CER 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 CONTINUALLY
 FAILS TO PROVIDE SUSTAINED  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 WITHOUT FIRST SEEKING AND OBTAINING PERMISSION  OF  THE
 COURT  ON A SHOWING THAT THE NEW OWNER OR CARETAKER CAN AND WILL PROVIDE
 ADEQUATE CARE;
 A. 2555--A                          3
 
   (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
 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 SUSTAINED 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 OTHER 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  SUSTAINED  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  OF
 SUCH  COMPANION  ANIMAL  THAT HAS BEEN THE SUBJECT OF THE HEARING TO THE
 AUTHORIZED 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
 A. 2555--A                          4
 
 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
 NINETY  DAYS.   THE COURT MAY TAKE INTO CONSIDERATION THE OWNER OR CARE-
 TAKER'S ABILITY TO PAY WHEN DETERMINING SUCH REASONABLE COSTS OF CARE.
   (C) AFTER A COURT HAS DETERMINED THE OVERALL SUPERSEDEAS BOND  AMOUNT,
 THE  BOND  SHALL BE MADE AVAILABLE AND PAYABLE TO THE ENTITY OR ENTITIES
 CURRENTLY RESPONSIBLE FOR THE PROPER CARE OF  THE  COMPANION  ANIMAL  OR
 ANIMALS DURING THE LENGTH OF THE PROCEEDING.
   (D) AUTHORIZED AGENTS SHALL BE RESPONSIBLE FOR PETITIONING THE SUPREME
 COURT TO INITIATE A PROCEEDING PURSUANT TO THIS ARTICLE AGAINST AN OWNER
 OR CARETAKER.
   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
 THE COMPANION ANIMAL THAT HAS BEEN THE SUBJECT OF THE ORDER  TO  PROVIDE
 CARE,  OR THAT THE COMPANION ANIMAL WAS NOT MISTREATED OR HAD BEEN PROP-
 ERLY 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
 ARTICLE TWENTY-SIX OF THIS CHAPTER 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, OR OTHER REASONABLE AMOUNT BASED ON ABILITY TO PAY AS 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 TO THE ENTITY OR ENTITIES
 CURRENTLY RESPONSIBLE FOR THE CARE OF THE COMPANION ANIMAL.
   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 ANY DULY INCOR-
 PORATED SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY POLICE
 OFFICER  FROM  ENFORCING  OTHER PROVISIONS OF ARTICLE TWENTY-SIX OF THIS
 CHAPTER OR ANY OTHER LAW RELATING TO THE HUMANE TREATMENT OF, OR CRUELTY
 A. 2555--A                          5
 
 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.