Relates to the issuance of appearance tickets for certain violations of the agriculture and markets law when the person is charged with a crime for which the court may order the posting of a security.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7989
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the issuance
of appearance tickets for certain violations of the agriculture and
markets law
PURPOSE:
This bill would authorize officers or agents of any law enforcement
entity authorized to enforce New York State's animal cruelty laws to
forego the issuance of an appearance ticket and bring a suspect directly
into custody if the person is charged with a crime.for which the court
may order the posting of a security pursuant to the agriculture and
markets law.
SUMMARY OF PROVISIONS:
Section one of the bill amends subparagraphs (x) and (xi) and adds
subparagraph (xii) to paragraph (b) of subdivision 1 of § 150.20 of the
criminal procedure law removing the requirement that a police officer
issue an appearance ticket if the person is charged with a crime wherein
the court may order the posting of a security if an animal is seized and
impounded for any violation of article 26 of the agriculture and markets
law and where upon arraignment of charges, or within a reasonable time
thereafter, an impounding organization may file a petition requesting
that the person from whom an animal is seized or the owner of the animal
be ordered to post a security in an• amount sufficient to secure payment
for all reasonable expenses expected to be incurred by the impounding
organization in caring and providing for the animal pending disposition
of the charges.
Section two of the bill provides the effective date.
JUSTIFICATION:
Under current law, police and SPCA officers are generally required to
issue an appearance ticket to any person who is arrested upon suspicion
of an animal-related offense, including, but not limited to, animal
fighting and aggravated animal cruelty. If that person also had one or
more live animals seized from his or her possession as the basis for
their arrest, those animals are placed in an animal shelter pending the
outcome of the criminal prosecution. Subsequently, an animal shelter
may exercise its legal right to petition the court in which the criminal
case will be heard to require the accused to post security to help
offset the significant cost of caring and providing for the seized
animals. A defendant's failure to post a bond, if ordered, can result in
the forfeiture of ownership of the animals to the shelter, thereby
permitting the animal to be re-homed.
Unfortunately, the law only allows this petition to be filed "upon
arraignment or within a reasonable time thereafter," leaving the
arraignment period at the discretion of law enforcement and the court.
The uncertainty and delay that can result between the time of arrest and
a defendant's arraignment on charges can impose a significant burden on
a shelter. Not only may it be required to house multiple animals for
long periods of time, but the animals are often medically compromised,
requiring expensive and ongoing medical care. Such delays can also leave
the owner of the seized animals with no recourse to address that seizure
until the arraignment date.
Ultimately, the delay can also result in animals languishing indefinite-
ly in sheltering environments not intended for long-term care.
The inability, to immediately bring a person suspected of committing an
animal-related offense into custody, especially when, animals have been
seized and placed in an animal shelter thereby ensuring arraignment
shortly thereafter and expediting the disposition process for the seized
animals, can result in serious hardships for the animal shelter, the
seized animals, and the animals' owner.
In addition, it can present a serious public health and safety risk,,
particularly for animal fighting and aggravated cruelty offenses. Both
offenses involve vicious and egregious acts of violence against animals
and are often associated with other harms. Animal fighting is often
associated with other forms of criminal activity, including illegal
gambling and drug and weapons trafficking. Therefore, an investigation
into these offenses and the ability to immediately charge and arraign
suspects can play a crucial role in stopping them and revealing the true
depth of the criminal enterprise.
Acts of aggravated cruelty not only result in an animal's death or seri-
ous injury but are also done with an intent to cause extreme physical
pain or are carried out in an especially depraved or sadistic manner.
Given that such crimes can expose other forms of family violence and be
one of the most visible parts of an entire history of aggressive or
antisocial behavior, it is also important to retain the option of imme-
diately charging and arraigning a suspect in these cases as well.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7989
2023-2024 Regular Sessions
IN ASSEMBLY
September 1, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to the issuance
of appearance tickets for certain violations of the agriculture and
markets law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (x) and (xi) of paragraph (b) of subdivision
2 1 of section 150.20 of the criminal procedure law, as added by section 1
3 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
4 and a new subparagraph (xii) is added to read as follows:
5 (x) the person is eighteen years of age or older and charged with a
6 hate crime as defined in section 485.05 of the penal law; [or]
7 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
8 subdivision four of section 510.10 of this chapter, or pursuant to para-
9 graph (t) of subdivision four of section 530.40 of this chapter[.]; or
10 (xii) the person is charged with a crime for which the court may order
11 the posting of a security pursuant to subdivision six of section three
12 hundred seventy-three of the agriculture and markets law.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11548-01-3
