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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
3765
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. ENGLEBRIGHT, McENENY, GALEF, WEISENBERG, ESPAIL-
LAT, KAVANAGH -- Multi-Sponsored by -- M. of A. AUBRY, CLARK, COOK,
DINOWITZ, HOOPER, MILLMAN, PHEFFER, J. RIVERA -- read once and
referred to the Committee on Agriculture
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:
1 Section 1. Paragraphs a and c of subdivision 6 of section 373 of the
2 agriculture and markets law, paragraph a as amended by chapter 586 of
3 the laws of 2008 and paragraph c as amended by chapter 256 of the laws
4 of 1997, are amended to read as follows:
5 a. If any animal is seized and impounded pursuant to the provisions of
6 this section, section three hundred fifty-three-d of this article or
7 section three hundred seventy-five of this article for any violation of
8 this article, upon arraignment of charges the duly incorporated society
9 for the prevention of cruelty to animals, humane society, pound, animal
10 shelter or any authorized agents thereof, hereinafter referred to for
11 the purposes of this section as the "impounding organization", OR THE
12 DISTRICT ATTORNEY PROSECUTING THE CHARGES OR ANY AGENT THEREOF, ACTING
13 ON BEHALF OF THE IMPOUNDING ORGANIZATION, may, AT OR AFTER ARRAIGNMENT
14 ON THE CHARGES, file a petition with the court requesting that the
15 person from whom an animal is seized or the owner of the animal be
16 ordered to post a security. The security shall be in an amount suffi-
17 cient to secure payment for all reasonable expenses expected to be
18 incurred by the impounding organization in caring and providing for the
19 animal pending disposition of the charges. Reasonable expenses shall
20 include, but not be limited to, estimated medical care and boarding of
21 the animal for at least thirty days. The amount of the security, if any,
22 shall be determined by the court after taking into consideration all of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06754-01-9
A. 3765 2
1 the facts and circumstances of the case including, but not limited to
2 the recommendation of the impounding organization having custody and
3 care of the seized animal and the cost of caring for the animal. If [a]
4 security has been posted in accordance with this [section] SUBDIVISION,
5 the impounding organization may draw from the security the actual
6 reasonable costs to be incurred by such organization in caring for the
7 seized animal.
8 c. In no event shall the security prevent the impounding organization
9 having custody and care of the animal from disposing of the animal
10 pursuant to section three hundred seventy-four of this article prior to
11 the expiration of the thirty day period covered by the security if the
12 court makes a determination of the charges against the person from whom
13 the animal was seized prior thereto. Upon receipt of a petition [from
14 the impounding organization] PURSUANT TO THIS SUBDIVISION, the court may
15 order the person from whom the animal was seized or the owner of the
16 animal to post an additional security with the clerk of the court to
17 secure payment of reasonable expenses for an additional period of time
18 pending a determination by the court of the charges against the person
19 from whom the animal was seized. The person who posted the security
20 shall be entitled to a refund of the security in whole or part for any
21 expenses not incurred by such impounding organization upon adjudication
22 of the charges. The person who posted the security shall be entitled to
23 a full refund of the security, including reimbursement by the impounding
24 organization of any amount allowed by the court to be expended, and the
25 return of the animal seized and impounded upon acquittal or dismissal of
26 the charges, except where the dismissal is based upon an adjournment in
27 contemplation of dismissal pursuant to section 215.30 of the criminal
28 procedure law. The court order directing such refund and reimbursement
29 shall provide for payment to be made within a reasonable time from the
30 acquittal or dismissal of charges.
31 S 2. Subparagraph 1 of paragraph b of subdivision 6 of section 373 of
32 the agriculture and markets law, as amended by chapter 256 of the laws
33 of 1997, is amended to read as follows:
34 (1) Upon receipt of a petition pursuant to paragraph a of this subdi-
35 vision the court shall set a hearing on the petition to be conducted
36 within ten business days of the filing of such petition. The petitioner
37 shall serve a true copy of the petition upon the defendant and, WHERE
38 THE PETITIONER IS NOT THE DISTRICT ATTORNEY, UPON the district attorney.
39 The petitioner shall also serve a true copy of the petition on any
40 interested person. For purposes of this subdivision, interested person
41 shall mean an individual, partnership, firm, joint stock company, corpo-
42 ration, association, trust, estate or other legal entity who the court
43 determines may have a pecuniary interest in the animal which is the
44 subject of the petition. The petitioner shall have the burden of prov-
45 ing by a preponderance of the evidence that the person from whom the
46 animal was seized violated a provision of this article. The court may
47 waive for good cause shown the posting of security.
48 S 3. This act shall take effect immediately.
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