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A09108 Summary:

BILL NOA09108
 
SAME ASNo Same As
 
SPONSORBendett
 
COSPNSR
 
MLTSPNSR
 
Amd §373, Ag & Mkts L
 
Includes a town, acting through its dog control officers acting at the behest of a police officer to seize an animal, as an impounding organization for the purpose of authorizing such town to file a petition requesting that the person from whom an animal is seized or the owner of the animal to post a security.
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A09108 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9108
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 26, 2025
                                       ___________
 
        Introduced  by M. of A. BENDETT -- read once and referred to the Commit-
          tee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  includ-
          ing a town, through its dog control officers acting at the behest of a
          police officer, as an impounding organization

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph a of subdivision 6 of section 373 of the agricul-
     2  ture and markets law, as amended by chapter 289 of the laws of 2018,  is
     3  amended to read as follows:
     4    a. If any animal is seized and impounded pursuant to the provisions of
     5  this  section,  section  three  hundred fifty-three-d of this article or
     6  section three hundred seventy-five of this article for any violation  of
     7  this  article,  upon arraignment of charges, or within a reasonable time
     8  thereafter, the duly incorporated society for the prevention of  cruelty
     9  to  animals,  humane  society,  pound,  animal shelter or any authorized
    10  agents thereof, or a town through its dog control officers  who  act  at
    11  the  behest of a police officer to seize an animal, hereinafter referred
    12  to for the purposes of this section as  the  "impounding  organization",
    13  may  file  a petition with the court in which criminal charges have been
    14  filed requesting that the person from whom an animal is  seized  or  the
    15  owner of the animal be ordered to post a security. The district attorney
    16  prosecuting  the  charges  may  file  and obtain the requested relief on
    17  behalf of the impounding organization if  requested  to  do  so  by  the
    18  impounding  organization.  The security shall be in an amount sufficient
    19  to secure payment for all reasonable expenses expected to be incurred by
    20  the impounding organization in caring and providing for the animal pend-
    21  ing disposition of the charges. Reasonable expenses shall  include,  but
    22  not be limited to, estimated medical care and boarding of the animal for
    23  at  least  thirty  days.  The  amount  of the security, if any, shall be
    24  determined by the court after taking into consideration all of the facts
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13797-01-5

        A. 9108                             2
 
     1  and circumstances of the case including, but not limited to  the  recom-
     2  mendation  of the impounding organization having custody and care of the
     3  seized animal and the cost of caring for the animal. If a  security  has
     4  been posted in accordance with this section, the impounding organization
     5  may draw from the security the actual reasonable costs to be incurred by
     6  such organization in caring for the seized animal.
     7    § 2. This act shall take effect immediately.
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