A01107 Summary:

BILL NOA01107
 
SAME ASSAME AS S00445-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd S373, Ag & Mkts L
 
Relates to the seizure of animals.
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A01107 Actions:

BILL NOA01107
 
01/08/2015referred to agriculture
01/06/2016referred to agriculture
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A01107 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1107
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the seizure of animals   PURPOSE: This bill provides greater protections to animals in the custody or control of persons charged with animal abuse.   SUMMARY OF PROVISIONS: Section 1 amends section 373 of the agriculture and markets law to provide greater protections to animals in the custody or control of persons charged with animal abuse. First, this section provides that where any animal is seized from a person based on charges of animal abuse, the police officer, agent, or officer may take possession of any other animals in the custody or control of the person from whom the animal is seized. The person from whom such animals are seized may petition the court for the return of the seized animals. A hearing on such petition must be held within ten business days of such petition. Second, this section provides that where any animal is seized and impounded pursuant to the provisions of this section, the duly incorpo- rated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof may file a peti- tion with the court requesting that the person from whom an animal is seized be ordered to post a security. The security shall be an amount sufficient to pay for all reasonable expenses incurred since the date of seizure for all of the animals seized. Lastly, this section provides that upon application to the court, until a final determination of the charges is made, any law enforcement offi- cer, officer of a duly incorporated society for the prevention of cruel- ty to animals, or its authorized agents, shall be authorized to make sporadic, unannounced visits to where the animal is being kept to ascer- tain if the animal is receiving the necessary care. Section 2 states that this act shall take effect immediately.   JUSTIFICATION: This bill provides greater protections to animals in the custody or control of persons charged with animal abuse. First, this bill provides that where a police officer, agent, or officer has a warrant to seize one animal from a person based upon animal abuse, they can also take possession of any other animals in the custody or control of the person from whom the original animal was seized. This is an important provision to protect other animals that are in the custody or control of an alleged animal abuser from also being abused. This bill also provides an opportunity for the animal owner to petition the court for the return of these animals if he or she can show by a preponderance of the evidence that there was no probable cause for the seizure of such animal. Second, this bill makes important changes for how the duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agent thereof may get reimbursed for the shelter and care of seized and impounded animals. Under this bill, the security amount shall be sufficient to secure payment for all reasonable expenses incurred since the date of seizure and shall be paid for all of the animals seized pending disposition of the charges. Lastly, where a person is charged with animal abuse without the removal of the animal from its existing location, this bill changes how a law enforcement officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its authorized agents may make visits to where the animal is being kept to ensure it is receiving prop- er care. Under current law, the officer must make regular, announced visits. This bill would change this to allow officers to make sporadic, unannounced visits to check on the well-being of these animals. By authorizing officers to make unannounced visits, they will be able to ascertain whether the animal is being maltreated without giving advanced notice to the animal's owner.   LEGISLATIVE HISTORY: A.9807 of 2014, referred to Agriculture. Same as S.7401, referred to Agriculture.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A01107 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1107
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Agriculture
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          seizure of animals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 373 of the agriculture and markets law, as added by
     2  chapter  545  of the laws of 1971, subdivisions 1, 2 and 3 as amended by
     3  chapter 79 of the laws of 1997, subdivision 1-a as added by chapter  811
     4  of the laws of 1981, subdivision 5 as amended by section 23 and subpara-
     5  graph 2 of paragraph b of subdivision 6 as amended by section 24 of part
     6  T  of chapter 59 of the laws of 2010, subdivisions 6 and 7 as amended by
     7  chapter 256 of the laws of 1997 and paragraph a and  subparagraph  1  of
     8  paragraph  b  of  subdivision 6 as amended by chapter 531 of the laws of
     9  2013, is amended to read as follows:
    10    § 373. Seizure  of  animals  lost,  strayed,  homeless,  abandoned  or
    11  improperly  confined  or kept. 1. Any police officer or agent or officer
    12  of the American Society for the Prevention of Cruelty to Animals or  any
    13  duly  incorporated society for the prevention of cruelty to animals, may
    14  lawfully take possession of any lost,  strayed,  homeless  or  abandoned
    15  animal found in any street, road or other public place.
    16    1-a.  Any  police officer in Lewis county may lawfully take possession
    17  of any lost, strayed, homeless or abandoned domestic animal, as  defined
    18  in  section one hundred eight of this chapter, found in any street, road
    19  or other public place.
    20    2. Any such police officer or agent or officer may also lawfully  take
    21  possession  of  any  animal in or upon any premises other than a street,
    22  road or other public place, which (a) for more  than  twelve  successive
    23  hours  has  been confined or kept in a crowded or unhealthy condition or
    24  in unhealthful or unsanitary surroundings or (b) has not  been  properly
    25  cared  for,  including,  but  not  limited to the provision of necessary
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01365-02-5

        A. 1107                             2
 
     1  shelter, veterinary, farrier and other species- or breed-specific  care;
     2  or  [without]  (c)  for  more  than twelve successive hours has not been
     3  provided with necessary sustenance,  food  or  drink,  provided  that  a
     4  complaint  stating  just  and  reasonable  grounds is made under oath or
     5  affirmation to any magistrate authorized to issue warrants  in  criminal
     6  cases,  and that such warrant authorizing entry and search is issued and
     7  delivered by such magistrate; if just and reasonable cause is shown, the
     8  magistrate shall immediately issue such warrant.   Further, the  warrant
     9  shall  provide that, where any animal is seized from a person based upon
    10  noncompliance with the standards of care set forth in this  subdivision,
    11  the  police  officer,  agent or officer may take possession of any other
    12  animal or animals in the custody or control of such person from whom the
    13  animal is seized. The person from whom animals are  seized  pursuant  to
    14  this  subdivision  may  petition  the  court,  upon seizure, or within a
    15  reasonable time thereafter,  for  a  return  of  the  seized  animal  or
    16  animals.  A hearing on such petition shall be conducted within ten busi-
    17  ness days of such petition. The petitioner  shall  have  the  burden  of
    18  proving  by  a  preponderance of the evidence that there was no probable
    19  cause for the seizure of such animal or animals seized pursuant to  this
    20  subdivision.  No  animal  or animals seized pursuant to this subdivision
    21  may be returned to the owner or person from whom the animal  or  animals
    22  were seized until such hearing has been conducted.
    23    3.  Any such police officer or agent or officer may also lawfully take
    24  possession of any unwanted animal  from  the  person  in  possession  or
    25  custody thereof.
    26    4.  When any person arrested is, at the time of such arrest, in charge
    27  of any animal or of any vehicle drawn by or containing any  animal,  any
    28  agent  or officer of said society or societies or any police officer may
    29  take charge of such animal and of such vehicle  and  its  contents,  and
    30  deposit  the  same  in a safe place or custody, or deliver the same into
    31  the possession of the police or sheriff of the county or  place  wherein
    32  such  arrest  was  made, who shall thereupon assume the custody thereof;
    33  and all necessary expenses incurred in taking charge  of  such  property
    34  shall be a charge thereon.
    35    5.  Nothing  herein  contained  shall  restrict  the rights and powers
    36  derived from section one hundred seventeen of this chapter  relating  to
    37  seizure  of unlicensed dogs and the disposition to be made of animals so
    38  seized or taken, nor those derived from any other general or special law
    39  relating to the seizure or other taking of dogs and other animals  by  a
    40  society for the prevention of cruelty to animals.
    41    6. a. If any animal is seized and impounded pursuant to the provisions
    42  of  this section, section three hundred fifty-three-d of this article or
    43  section three hundred seventy-five of this article for any violation  of
    44  this  article,  upon arraignment of charges, or within a reasonable time
    45  thereafter, for one or more of the animals seized the duly  incorporated
    46  society for the prevention of cruelty to animals, humane society, pound,
    47  animal shelter or any authorized agents thereof, hereinafter referred to
    48  for  the  purposes of this section as the "impounding organization", may
    49  file a petition with the court requesting that the person from  whom  an
    50  animal is seized or the owner of the animal be ordered to post a securi-
    51  ty.  The  district  attorney prosecuting the charges may file and obtain
    52  the requested  relief  on  behalf  of  the  impounding  organization  if
    53  requested  to  do so by the impounding organization.  The security shall
    54  be in an amount sufficient to secure payment for all reasonable expenses
    55  incurred since the date of seizure and expected to be  incurred  by  the
    56  impounding organization in caring and providing for [the animal] all the

        A. 1107                             3
 
     1  animals seized pending disposition of the charges for one or more of the
     2  animals  seized.  Reasonable  expenses shall include, but not be limited
     3  to, estimated medical care and boarding of the seized animal or  animals
     4  for  at  least thirty days. The amount of the security, if any, shall be
     5  determined by the court after taking into consideration all of the facts
     6  and circumstances of the case including, but not limited to  the  recom-
     7  mendation  of the impounding organization having custody and care of the
     8  seized animal or animals and the  cost  of  caring  for  the  animal  or
     9  animals.  If a security has been posted in accordance with this section,
    10  the impounding organization  may  draw  from  the  security  the  actual
    11  reasonable  costs  to be incurred by such organization in caring for the
    12  seized animal or animals.
    13    b. (1) Upon receipt of a petition pursuant  to  paragraph  a  of  this
    14  subdivision  the  court  shall  set  a  hearing  on  the  petition to be
    15  conducted within ten business days of the filing of such  petition.  The
    16  petitioner  shall  serve  a true copy of the petition upon the defendant
    17  and the district attorney if the district attorney  has  not  filed  the
    18  petition  on behalf of the petitioner. The petitioner shall also serve a
    19  true copy of the petition on any interested person. For purposes of this
    20  subdivision, interested person shall mean  an  individual,  partnership,
    21  firm,  joint  stock  company, corporation, association, trust, estate or
    22  other legal entity who the court determines may have a pecuniary  inter-
    23  est  in  the animal which is the subject of the petition. The petitioner
    24  or the district attorney acting on behalf of the petitioner, shall  have
    25  the burden of proving by a preponderance of the evidence that the person
    26  from  whom  the  animal was seized violated a provision of this article.
    27  The court may waive for good cause shown the posting of security.
    28    (2) If the court orders the posting of a security, the security  shall
    29  be  posted  with the clerk of the court within five business days of the
    30  hearing provided for in subparagraph one of this  paragraph.  The  court
    31  may  order  the  immediate forfeiture of the seized animal or animals to
    32  the impounding organization if the person ordered to post  the  security
    33  fails  to  do  so.  Any  animal  forfeited  shall  be made available for
    34  adoption or euthanized subject to subdivision  seven-a  of  section  one
    35  hundred  seventeen of this chapter or section three hundred seventy-four
    36  of this article.
    37    (3) In the case of an animal other than a companion animal or pet,  if
    38  a  person  ordered  to  post  security fails to do so, the court may, in
    39  addition to the forfeiture  to  a  duly  incorporated  society  for  the
    40  prevention  of cruelty to animals, humane society, pound, animal shelter
    41  or any authorized agents thereof, and subject  to  the  restrictions  of
    42  sections  three  hundred fifty-four, three hundred fifty-seven and three
    43  hundred seventy-four of this article, order the  animal  which  was  the
    44  basis  of  the  order  to  be sold, provided that all interested persons
    45  shall first be provided the opportunity to redeem their interest in  the
    46  animal  and to purchase the interest of the person ordered to post secu-
    47  rity, subject to such conditions  as  the  court  deems  appropriate  to
    48  assure  proper care and treatment of the animal. The court may reimburse
    49  the person ordered to post security and any interested persons any money
    50  earned by the sale of the animal  less  any  costs  including,  but  not
    51  limited  to, veterinary and custodial care. Any animal determined by the
    52  court to be maimed, diseased, disabled or infirm so as to be  unfit  for
    53  sale  or  any  useful  purpose shall be forfeited to a duly incorporated
    54  society for the prevention of cruelty to animals or a duly  incorporated
    55  humane  society  or  authorized  agents  thereof,  and  be available for

        A. 1107                             4
 
     1  adoption or shall be euthanized subject to section three hundred  seven-
     2  ty-four of this article.
     3    (4) Nothing in this section shall be construed to limit or restrict in
     4  any  way the rights of a secured party having a security interest in any
     5  animal described in this section. This section expressly does not impair
     6  or subordinate the rights of such a secured  lender  having  a  security
     7  interest in the animal or in the proceeds from the sale of such animal.
     8    c.  In no event shall the security prevent the impounding organization
     9  having custody and care of the animal or animals from disposing  of  the
    10  animal or animals pursuant to section three hundred seventy-four of this
    11  article  prior to the expiration of the thirty day period covered by the
    12  security if the court makes a determination of the charges  against  the
    13  person from whom the animal or animals was or were seized prior thereto.
    14  Upon  receipt  of a petition from the impounding organization, the court
    15  may order the person from whom the animal or animals was or were  seized
    16  or  the  owner  of  the animal or animals to post an additional security
    17  with the clerk of the court to secure payment of reasonable expenses for
    18  an additional period of time pending a determination by the court of the
    19  charges against the person from whom the animal or animals was  or  were
    20  seized.  The person who posted the security [shall be entitled to a] may
    21  make  application  to the court for a refund of the security in whole or
    22  part for any expenses not incurred by such impounding organization  upon
    23  adjudication of the charges. The person who posted the security shall be
    24  entitled to a [full] refund of the security, [including reimbursement by
    25  the  impounding  organization  of  any amount allowed by the court to be
    26  expended] solely to the extent that the reasonable expenses paid  there-
    27  from  by the impounding organization exceed the reasonable expenses that
    28  would have been incurred had the seizure not occurred, and the return of
    29  the animal or animals seized and impounded upon acquittal  or  dismissal
    30  of  [the]  all  charges, except (a) where the dismissal is based upon an
    31  adjournment in contemplation of dismissal pursuant to section 215.30  of
    32  the  criminal  procedure  law  or  (b)  where the person is charged with
    33  violations of this article concerning more than one animal, and is found
    34  guilty, by plea or otherwise, of any violation of this article regarding
    35  any animal. The court order  directing  such  refund  and  reimbursement
    36  shall  provide  for payment to be made within a reasonable time from the
    37  acquittal or dismissal of charges.
    38    7. Notwithstanding any other provision of this section to the  contra-
    39  ry,  the  court  may  order  a person charged with any violation of this
    40  article to provide necessary food,  water,  shelter  and  care  for  any
    41  animal  which  is  the  basis  of the charge, without the removal of the
    42  animal from its existing location, until the charges against the  person
    43  are  adjudicated.   [Until] Upon application to the court, until a final
    44  determination of the charges is made, any law enforcement officer, offi-
    45  cer of a duly incorporated society for  the  prevention  of  cruelty  to
    46  animals,  or  its  authorized  agents,  [may] shall be authorized [by an
    47  order of the court] to make [regular] sporadic,  unannounced  visits  to
    48  where  the  animal is being kept to ascertain if the animal is receiving
    49  necessary [food, water, shelter and] care in accordance with subdivision
    50  two of this section. Nothing shall prevent any law enforcement  officer,
    51  officer  of a duly incorporated society for the prevention of cruelty to
    52  animals, or its authorized agents, from applying for a warrant  pursuant
    53  to  this  section  to  seize any animal being held by the person charged
    54  pending the adjudication of the charges if it  is  determined  that  the
    55  animal  is  not receiving [the] necessary [food, water, shelter or] care
    56  in accordance with subdivision two of  this  section.  Nothing  in  this

        A. 1107                             5
 
     1  subdivision  shall  be interpreted as permitting the return of an animal
     2  seized pursuant to subdivision two of this section without a hearing  as
     3  required under such subdivision.
     4    § 2. This act shall take effect immediately.
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