S03806 Summary:
BILL NO | S03806 |
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SAME AS | SAME AS A00259 |
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SPONSOR | BALL |
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COSPNSR | |
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MLTSPNSR | |
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Amd S373, Ag & Mkts L | |
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Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals. |
S03806 Actions:
BILL NO | S03806 | |||||||||||||||||||||||||||||||||||||||||||||||||
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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 |
S03806 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3806 2011-2012 Regular Sessions IN SENATE 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 § 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. LBD00744-01-1S. 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 file11a petition with the court requesting that the person from whom an animal12is seized or the owner of the animal be ordered to post a security. The13security] 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 § 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 this32subdivision 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-35tioner] 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-38tion] 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 from35the 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 § 4. This act shall take effect on the ninetieth day after it shall 53 have become a law.