S03806 Summary:

BILL NO    S03806 

SAME AS    SAME AS A00259

SPONSOR    BALL

COSPNSR    

MLTSPNSR   

Amd S373, Ag & Mkts L

Requires that individuals convicted of certain animal cruelty and animal
fighting offenses reimburse the organizations caring for such animals.
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S03806 Actions:

BILL NO    S03806 

03/04/2011 REFERRED TO AGRICULTURE
04/12/2011 REPORTED AND COMMITTED TO FINANCE
06/07/2011 REPORTED AND COMMITTED TO RULES
01/04/2012 REFERRED TO AGRICULTURE
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S03806 Text:

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

                                         3806

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                     March 4, 2011
                                      ___________

       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture

       AN ACT to amend the agriculture and markets law, in relation  to  orders
         of restitution in certain cases

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Legislative purpose. Animal cruelty and animal fighting are
    2  serious crimes in New York state. Because crimes against  animals  often
    3  involve  the  seizure of the victimized animals, these cases pose unique
    4  challenges to law enforcement agencies throughout New York state.  These
    5  challenges  involve  arranging  for  the housing and care of the animals
    6  while the criminal case is pending. Private organizations, such as shel-
    7  ters, humane societies and societies for the prevention  of  cruelty  to
    8  animals  have traditionally assisted law enforcement agencies by provid-
    9  ing care for these animals (which preserves  the  "evidence"  seized  in
   10  criminal matters) with little or no reimbursement.
   11    It  is imperative to the continued prosecution of animal cruelty cases
   12  that these private organizations be reimbursed for the  care  that  they
   13  provide  to  these  victimized  animals.  Many private organizations are
   14  declining to offer assistance in these cases  because  of  the  enormous
   15  financial  burden  of  caring for a large number of animals for extended
   16  time periods with no assurance of reimbursement for these  services.  If
   17  there are no resources to care for the animals once they are seized, law
   18  enforcement  is  less likely to conduct the seizures in the first place.
   19  The legislature therefore intends to  implement  legislation  that  will
   20  improve  the state's ability to ensure proper security and reimbursement
   21  for impounding organizations providing care on behalf of  the  state  of
   22  abused animals.
   23    S  2.  Paragraph  a of subdivision 6 of section 373 of the agriculture
   24  and markets law, as amended by chapter 586  of  the  laws  of  2008,  is
   25  amended to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00744-01-1
       S. 3806                             2

    1    a. If any animal is seized and impounded pursuant to the provisions of
    2  this  section,  section  three  hundred fifty-three-d of this article or
    3  section three hundred seventy-five of this article for any violation  of
    4  this  article,  upon arraignment of charges, OR WITHIN A REASONABLE TIME
    5  THEREAFTER,  THE  COURT  SHALL  ORDER A HEARING TO DETERMINE WHETHER THE
    6  PERSON FROM WHOM AN ANIMAL IS SEIZED OR THE OWNER OF THE  ANIMAL  SHOULD
    7  BE ORDERED TO POST A SECURITY TO REIMBURSE the duly incorporated society
    8  for  the prevention of cruelty to animals, humane society, pound, animal
    9  shelter or any authorized agents thereof, hereinafter  referred  to  for
   10  the purposes of this section as the "impounding organization", [may file
   11  a petition with the court requesting that the person from whom an animal
   12  is  seized or the owner of the animal be ordered to post a security. The
   13  security] FOR THE COSTS OF CARING FOR SAID SEIZED ANIMALS. ANY  SECURITY
   14  ORDERED  FOLLOWING  SUCH  A  HEARING shall be in an amount sufficient to
   15  secure payment for all reasonable expenses expected to  be  incurred  by
   16  the impounding organization in caring and providing for the animal pend-
   17  ing  disposition  of the charges. Reasonable expenses shall include, but
   18  not be limited to, estimated medical care and boarding of the animal for
   19  at least thirty days. The amount of  the  security,  if  any,  shall  be
   20  determined by the court after taking into consideration all of the facts
   21  and  circumstances  of the case including, but not limited to the recom-
   22  mendation of the impounding organization having custody and care of  the
   23  seized  animal  and the cost of caring for the animal. If a security has
   24  been posted in accordance with this section, the impounding organization
   25  may draw from the security the actual reasonable costs to be incurred by
   26  such organization in caring for the seized animal.
   27    S 3. Paragraphs b and c of subdivision 6 of section 373 of  the  agri-
   28  culture  and markets law, as amended by chapter 256 of the laws of 1997,
   29  subparagraph 2 of paragraph b as amended by section  24  of  part  T  of
   30  chapter 59 of the laws of 2010, are amended to read as follows:
   31    b.  (1)  [Upon  receipt  of a petition pursuant to paragraph a of this
   32  subdivision the] THE court shall set a hearing [on the petition]  to  be
   33  conducted  within ten business days of [the filing of such petition] ITS
   34  HEARING ORDER PURSUANT TO PARAGRAPH A OF THIS  SUBDIVISION.  The  [peti-
   35  tioner]  COURT  shall  serve a true copy of the [petition] HEARING ORDER
   36  upon THE IMPOUNDING ORGANIZATION, the defendant and the district  attor-
   37  ney.   The [petitioner] COURT shall also serve a true copy of the [peti-
   38  tion] HEARING ORDER on any  interested  person.  For  purposes  of  this
   39  subdivision,  interested  person  shall mean an individual, partnership,
   40  firm, joint stock company, corporation, association,  trust,  estate  or
   41  other  legal entity who the court determines may have a pecuniary inter-
   42  est in the animal which is the subject of the [petition] HEARING  ORDER.
   43  The [petitioner] DISTRICT ATTORNEY shall have the burden of proving by a
   44  preponderance  of  the evidence that the person from whom the animal was
   45  seized violated a provision  of  this  article,  UNLESS  THE  IMPOUNDING
   46  ORGANIZATION  APPEARS  AT  THE  HEARING  AND  REQUESTS  TO  PRESENT SUCH
   47  EVIDENCE AND MEET SUCH BURDEN ON ITS OWN BEHALF.   The court  may  waive
   48  for good cause shown the posting of security.
   49    (2)  If the court orders the posting of a security, the security shall
   50  be posted with the clerk of the court within five business days  of  the
   51  [hearing provided for in subparagraph one of this paragraph] ORDER.  The
   52  court  may  order  the  immediate forfeiture of the seized animal to the
   53  impounding organization if the person ordered to post the security fails
   54  to do so. Any animal forfeited shall be made available for  adoption  or
   55  euthanized  subject to subdivision seven-a of section one hundred seven-
       S. 3806                             3

    1  teen of this chapter or section three hundred seventy-four of this arti-
    2  cle.
    3    (3)  In the case of an animal other than a companion animal or pet, if
    4  a person ordered to post security fails to do  so,  the  court  may,  in
    5  addition  to  the  forfeiture  to  a  duly  incorporated society for the
    6  prevention of cruelty to animals, humane society, pound, animal  shelter
    7  or  any  authorized  agents  thereof, and subject to the restrictions of
    8  sections three hundred fifty-four, three hundred fifty-seven  and  three
    9  hundred  seventy-four  of  this  article, order the animal which was the
   10  basis of the order to be sold,  provided  that  all  interested  persons
   11  shall  first be provided the opportunity to redeem their interest in the
   12  animal and to purchase the interest of the person ordered to post  secu-
   13  rity,  subject  to  such  conditions  as  the court deems appropriate to
   14  assure proper care and treatment of the animal.  The court may reimburse
   15  the person ordered to post security and any interested persons any money
   16  earned by the sale of the animal  less  any  costs  including,  but  not
   17  limited  to, veterinary and custodial care. Any animal determined by the
   18  court to be maimed, diseased, disabled or infirm so as to be  unfit  for
   19  sale  or  any  useful  purpose shall be forfeited to a duly incorporated
   20  society for the prevention of cruelty to animals or a duly  incorporated
   21  humane  society  or  authorized  agents  thereof,  and  be available for
   22  adoption or shall be euthanized subject to section three hundred  seven-
   23  ty-four of this article.
   24    (4) Nothing in this section shall be construed to limit or restrict in
   25  any  way the rights of a secured party having a security interest in any
   26  animal described in this section. This section expressly does not impair
   27  or subordinate the rights of such a secured  lender  having  a  security
   28  interest in the animal or in the proceeds from the sale of such animal.
   29    c.  In no event shall the security prevent the impounding organization
   30  having custody and care of the  animal  from  disposing  of  the  animal
   31  pursuant  to section three hundred seventy-four of this article prior to
   32  the expiration of the thirty day period covered by the security  if  the
   33  court  makes a determination of the charges against the person from whom
   34  the animal was seized prior thereto. [Upon receipt of  a  petition  from
   35  the  impounding  organization,  the] THE court may order the person from
   36  whom the animal was seized or the owner of the animal to post  an  addi-
   37  tional security with the clerk of the court to secure payment of reason-
   38  able  expenses  for an additional period of time pending a determination
   39  by the court of the charges against the person from whom the animal  was
   40  seized. The person who posted the security shall be entitled to a refund
   41  of  the  security in whole or part for any expenses not incurred by such
   42  impounding organization upon adjudication of the charges. The person who
   43  posted the security shall be entitled to a full refund of the  security,
   44  including  reimbursement  by  the  impounding organization of any amount
   45  allowed by the court to be expended, and the return of the animal seized
   46  and impounded upon acquittal or dismissal of the charges,  except  where
   47  the dismissal is based upon an adjournment in contemplation of dismissal
   48  pursuant  to  section  215.30  of  the criminal procedure law. The court
   49  order directing such refund and reimbursement shall provide for  payment
   50  to  be  made within a reasonable time from the acquittal or dismissal of
   51  charges.
   52    S 4. This act shall take effect on the ninetieth day  after  it  shall
   53  have become a law.
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