Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.
STATE OF NEW YORK
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5727--A
Cal. No. 756
2015-2016 Regular Sessions
IN SENATE
June 1, 2015
___________
Introduced by Sens. LANZA, ADDABBO, SERRANO -- read twice and ordered
printed, and when printed to be committed to the Committee on Agricul-
ture -- recommitted to the Committee on Agriculture in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the agriculture and markets law, in relation to the
posting of security by a person against whom certain criminal charges
are pending
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a and subparagraph 1 of paragraph b of subdivi-
2 sion 6 of section 373 of the agriculture and markets law, as amended by
3 chapter 531 of the laws of 2013, is 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
7 of this article, [upon arraignment of charges, or within a reasonable
8 time thereafter,] the duly incorporated society for the prevention of
9 cruelty to animals, humane society, pound, animal shelter or any author-
10 ized agents thereof, hereinafter referred to for the purposes of this
11 section as the "impounding organization", may file a petition, with the
12 court in which criminal charges have or will be brought, requesting that
13 the person [from whom an animal is seized or the owner of the animal]
14 against whom criminal charges are pending ("the defendant") be ordered
15 to post a security. If the defendant is issued an appearance ticket, as
16 defined in subdivision twenty-six of section 1.20 of the criminal proce-
17 dure law, the petition may be filed upon the issuance of such appearance
18 ticket or within a reasonable time thereafter. In all other circum-
19 stances, the petition may be filed upon arraignment of charges or within
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10798-05-6
S. 5727--A 2
1 a reasonable time thereafter. The district attorney prosecuting the
2 charges may file and obtain the requested relief on behalf of the
3 impounding organization if requested to do so by the impounding organ-
4 ization. The security shall be in an amount sufficient to secure payment
5 for all reasonable expenses expected to be incurred by the impounding
6 organization in caring and providing for the animal pending disposition
7 of the charges. Reasonable expenses shall include, but not be limited
8 to, estimated medical care and boarding of the animal for at least thir-
9 ty days. The amount of the security, if any, shall be determined by the
10 court after taking into consideration all of the facts and circumstances
11 of the case including, but not limited to the recommendation of the
12 impounding organization having custody and care of the seized animal and
13 the cost of caring for the animal. If a security has been posted in
14 accordance with this section, the impounding organization may draw from
15 the security the actual reasonable costs to be incurred by such organ-
16 ization in caring for the seized animal.
17 (1) Upon receipt of a petition pursuant to paragraph a of this subdi-
18 vision the court shall set a hearing on the petition to be conducted
19 within ten business days of the filing of such petition. The petitioner
20 shall serve a true copy of the petition upon the defendant and the
21 district attorney if the district attorney has not filed the petition on
22 behalf of the petitioner. If the petition is filed after the issuance
23 of an appearance ticket but prior to arraignment on charges, service may
24 be effectuated by serving a true copy thereof personally upon the
25 defendant, or by sending a true copy thereof by certified mail to the
26 address of the defendant. The petitioner shall also serve a true copy of
27 the petition on any interested person. For purposes of this subdivision,
28 interested person shall mean an individual, partnership, firm, joint
29 stock company, corporation, association, trust, estate or other legal
30 entity who the court determines may have [a] an ownership or pecuniary
31 interest in the animal which is the subject of the petition. Provided,
32 that, if a petition is filed after the issuance of an appearance ticket
33 but prior to arraignment on charges, and the defendant does not have
34 counsel at the time of arraignment, the court may assign counsel for
35 purposes of the petition if such defendant is otherwise eligible for
36 appointed counsel for the underlying criminal offense. The petitioner or
37 the district attorney acting on behalf of the petitioner, shall have the
38 burden of proving by a preponderance of the evidence that the [person
39 from whom the animal was seized] defendant violated a provision of this
40 article. The court may waive for good cause shown the posting of securi-
41 ty.
42 § 2. This act shall take effect on the ninetieth day after it shall
43 have become a law.
