Relates to the disposition of abused farm animals; provides that convicted individuals and those in their households or those who aided or abetted in the unlawful acts or should have known or knew of such acts may not be entitled to any monies generated from the sale of the farm animals which were the basis of such conviction.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2139
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the
disposition of abused farm animals
PURPOSE:
This bill prohibits persons who are convicted of animal abuse from mone-
tarily benefiting from the sale of the sale of the abused animal.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraphs d, g, and subparagraph f of subdivision 8
of section 374 of agriculture and markets law.
Section two amends subparagraphs 3 and 4 of paragraph b of subdivision 6
of section 373 of the agriculture and markets law.
Section three sets forth the effective date.
JUSTIFICATION:
A person who is convicted of animal abuse should not benefit monetarily
from the sale of the abused animal. Under current law, while the court
can order a farm animal which was the basis of the animal cruelty
conviction to be forfeited and sold, the person convicted of abusing the
animal is entitled to be reimbursed money earned from the sale of the
abused farm animal. Cruelty to animals, including farm animals, should
not be tolerated or rewarded.
LEGISLATIVE HISTORY:
2019-20: A.772 - Referred to Agriculture
2017-18: A.1099 - Referred to Agriculture
2015-16: A.412 - Referred to Agriculture
2013-14: A.8584 - Referred to Agriculture
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2139
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
disposition of abused farm animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs d, g and subparagraph 2 of paragraph f of subdi-
2 vision 8 of section 374 of the agriculture and markets law, as added by
3 chapter 569 of the laws of 1995 and such subdivision as renumbered by
4 chapter 479 of the laws of 2009, are amended to read as follows:
5 d. In the case of farm animals, the court may, in addition to the
6 forfeiture to a duly incorporated society for the prevention of cruelty
7 to animals or a duly incorporated humane society or authorized agents
8 thereof, and subject to the restrictions of sections three hundred
9 fifty-four and three hundred fifty-seven of this article, order the farm
10 animals which were the basis of the conviction to be sold. In no case
11 shall farm animals which are the basis of the conviction be redeemed by
12 the convicted person who is the subject of the order of forfeiture or by
13 any person dwelling in the same household who conspired, aided or abet-
14 ted in the unlawful act which was the basis of the conviction, or who
15 knew or should have known of the unlawful act. [The] In no case shall
16 the convicted person or any person dwelling in the same household who
17 conspired, aided or abetted in the unlawful act which was the basis of
18 the conviction, or who knew or should have known of the unlawful act be
19 entitled to any monies generated from the sale of farm animals which
20 were the basis of the conviction. Except as otherwise provided herein or
21 in section three hundred seventy-three of this article, the court shall
22 reimburse [the convicted person and] any duly determined interested
23 persons, pursuant to paragraph f of this subdivision, any money earned
24 by the sale of the farm animals less any costs including, but not limit-
25 ed to, veterinary and custodial care, and any fines or penalties imposed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00731-01-1
A. 2139 2
1 by the court. The court may order that the subject animals be provided
2 with appropriate care and treatment pending the hearing and the disposi-
3 tion of the charges. Any farm animal ordered forfeited but not sold
4 shall be remanded to the custody and charge of a duly incorporated soci-
5 ety for the prevention of cruelty to animals or duly incorporated humane
6 society or its authorized agent thereof and disposed of pursuant to
7 paragraph e of this subdivision.
8 (2) [All] Except as otherwise provided herein or in section three
9 hundred seventy-three of this article, all interested persons shall be
10 provided an opportunity at the hearing to redeem their interest as
11 determined by the court in the subject farm animals and to purchase the
12 interest of the convicted person. The convicted person or any person
13 dwelling in the same household who conspired, aided or abetted in the
14 unlawful act which was the basis of the conviction, or who knew or
15 should have known of the unlawful act shall not be entitled to be reim-
16 bursed his interest in the farm animals[, less any costs, fines or
17 penalties imposed by the court, as specified under paragraph d of this
18 subdivision]. In no case shall the court award custody or control of the
19 animals to any interested person who conspired, aided or abetted in the
20 unlawful act which was the basis of the conviction, or who knew or
21 should have known of the unlawful act.
22 g. Nothing in this section shall be construed to limit or restrict in
23 any way the rights of a secured party having a security interest in any
24 farm animal described in this section[. This] except that the convicted
25 person or any person dwelling in the same household who conspired, aided
26 or abetted in the unlawful act which was the basis of the conviction, or
27 who knew or should have known of the unlawful act shall not be entitled
28 to be reimbursed his interest in the farm animals. Except as otherwise
29 provided herein or in section three hundred seventy-three of this arti-
30 cle, this section expressly does not impair or subordinate the rights of
31 such a secured lender having a security interest in farm animals or in
32 the proceeds from the sale of such farm animals.
33 § 2. Subparagraphs 3 and 4 of paragraph b of subdivision 6 of section
34 373 of the agriculture and markets law, as added by chapter 256 of the
35 laws of 1997, are amended to read as follows:
36 (3) In the case of an animal other than a companion animal or pet, if
37 a person ordered to post security fails to do so, the court may, in
38 addition to the forfeiture to a duly incorporated society for the
39 prevention of cruelty to animals, humane society, pound, animal shelter
40 or any authorized agents thereof, and subject to the restrictions of
41 sections three hundred fifty-four, three hundred fifty-seven and three
42 hundred seventy-four of this article, order the animal which was the
43 basis of the order to be sold, provided that all interested persons
44 shall first be provided the opportunity to redeem their interest in the
45 animal and to purchase the interest of the person ordered to post secu-
46 rity, subject to such conditions as the court deems appropriate to
47 assure proper care and treatment of the animal. The court [may] shall
48 not reimburse the person ordered to post security [and] or any person
49 dwelling in the same household who conspired, aided or abetted in the
50 unlawful act which was the basis of the conviction or who knew or should
51 have known of the unlawful act any money earned by the sale of the
52 animal but may reimburse any other interested persons any money earned
53 by the sale of the animal less any costs including, but not limited to,
54 veterinary and custodial care. Any animal determined by the court to be
55 maimed, diseased, disabled or infirm so as to be unfit for sale or any
56 useful purpose shall be forfeited to a duly incorporated society for the
A. 2139 3
1 prevention of cruelty to animals or a duly incorporated humane society
2 or authorized agents thereof, and be available for adoption or shall be
3 euthanized subject to section three hundred seventy-four of this arti-
4 cle.
5 (4) [Nothing] Except as otherwise provided herein or in section three
6 hundred seventy-four of this article, nothing in this section shall be
7 construed to limit or restrict in any way the rights of a secured party
8 having a security interest in any animal described in this section.
9 [This] Except as otherwise provided herein or in section three hundred
10 seventy-four of this article, this section expressly does not impair or
11 subordinate the rights of such a secured lender having a security inter-
12 est in the animal or in the proceeds from the sale of such animal.
13 § 3. This act shall take effect immediately.
