A05563 Summary:

BILL NOA05563
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRRosenthal L
 
MLTSPNSRAubry, Cook, Dinowitz, Rivera J
 
Amd §373, Ag & Mkts L
 
Authorizes the district attorney bringing animal abuse charges to petition for the posting of security for the care of the abused animal on behalf of the impounding organization; authorizes all such petitions to be filed at or after the arraignment on animal abuse charges.
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A05563 Actions:

BILL NOA05563
 
02/19/2021referred to agriculture
01/05/2022referred to agriculture
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A05563 Committee Votes:

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A05563 Floor Votes:

There are no votes for this bill in this legislative session.
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A05563 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5563
 
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to author- izing district attorneys to petition for the posting of security for the care of impounded animals   PURPOSE OR GENERAL IDEA OF BILL: To cover the cost of animal care during criminal proceedings involving animal cruelty and expedite legal proceedings.   SUMMARY OF PROVISIONS: Paragraphs a and c of subdivision 6 of Section 373 of the Agriculture and Markets Law are amended to allow district attorneys prosecuting animal cruelty cases to act as petitioner in seeking a court order to post security to cover the cost of animal care during criminal proceedings and clarifying that petitions for a security order may be filed at any time at or after arraignment.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Currently only the "impounding organization" itself is expressly author- ized to bring a petition, creating a substantial hardship for SPCA's and humane societies unschooled in the intricacies of criminal trial prac- tice. There is also a need to make clear that the petition for a securi- ty order may be filed at any time at or after arraignment (while the criminal charges are still pending). The current language is ambiguous at best, indicating that the petition may be brought upon arraignment, prompting some defendants and courts to assert that the petition is untimely if not filed at arraignment.   PRIOR LEGISLATIVE HISTORY: 2005-06 A5421 passed Assembly 2007-08 A1741 passed Assembly 2009-10 A3765 passed Assembly 2011-12 A4038 referred to agriculture 2013-14 A4656 referred to agriculture 2015-16 A2337 referred to agriculture 2017-18 A6703 referred to agriculture 2019-20 A5678 referred to agriculture   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05563 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5563
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2021
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
          -- M. of A.   AUBRY,  COOK,  DINOWITZ,  J. RIVERA  --  read  once  and
          referred to the Committee on Agriculture
 
        AN  ACT to amend the agriculture and markets law, in relation to author-
          izing district attorneys to petition for the posting of  security  for
          the care of impounded animals
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs a and c of subdivision 6 of section 373  of  the
     2  agriculture  and  markets  law, paragraph a as amended by chapter 289 of
     3  the laws of 2018 and paragraph c as amended by chapter 256 of  the  laws
     4  of 1997, are amended to read as follows:
     5    a. If any animal is seized and impounded pursuant to the provisions of
     6  this  section,  section  three  hundred fifty-three-d of this article or
     7  section three hundred seventy-five of this article for any violation  of
     8  this  article,  upon arraignment of charges, or within a reasonable time
     9  thereafter, the duly incorporated society for the prevention of  cruelty
    10  to  animals,  humane  society,  pound,  animal shelter or any authorized
    11  agents thereof, hereinafter referred to for the purposes of this section
    12  as the "impounding organization", or the district  attorney  prosecuting
    13  the  charges  or  any  agent thereof, acting on behalf of the impounding
    14  organization, may at or after arraignment on the charges, file  a  peti-
    15  tion with the court in which criminal charges have been filed requesting
    16  that the person from whom an animal is seized or the owner of the animal
    17  be  ordered  to  post  a security. The district attorney prosecuting the
    18  charges may file and obtain  the  requested  relief  on  behalf  of  the
    19  impounding  organization  if requested to do so by the impounding organ-
    20  ization. The security shall be in an amount sufficient to secure payment
    21  for all reasonable expenses expected to be incurred  by  the  impounding
    22  organization  in caring and providing for the animal pending disposition
    23  of the charges. Reasonable expenses shall include, but  not  be  limited
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07855-01-1

        A. 5563                             2
 
     1  to, estimated medical care and boarding of the animal for at least thir-
     2  ty  days. The amount of the security, if any, shall be determined by the
     3  court after taking into consideration all of the facts and circumstances
     4  of  the  case  including,  but  not limited to the recommendation of the
     5  impounding organization having custody and care of the seized animal and
     6  the cost of caring for the animal. If a  security  has  been  posted  in
     7  accordance  with this section, the impounding organization may draw from
     8  the security the actual reasonable costs to be incurred by  such  organ-
     9  ization in caring for the seized animal.
    10    c.  In no event shall the security prevent the impounding organization
    11  having custody and care of the  animal  from  disposing  of  the  animal
    12  pursuant  to section three hundred seventy-four of this article prior to
    13  the expiration of the thirty day period covered by the security  if  the
    14  court  makes a determination of the charges against the person from whom
    15  the animal was seized prior thereto. Upon receipt of  a  petition  [from
    16  the impounding organization] pursuant to this subdivision, the court may
    17  order  the  person  from  whom the animal was seized or the owner of the
    18  animal to post an additional security with the clerk  of  the  court  to
    19  secure  payment  of reasonable expenses for an additional period of time
    20  pending a determination by the court of the charges against  the  person
    21  from  whom  the  animal  was  seized. The person who posted the security
    22  shall be entitled to a refund of the security in whole or part  for  any
    23  expenses  not incurred by such impounding organization upon adjudication
    24  of the charges. The person who posted the security shall be entitled  to
    25  a full refund of the security, including reimbursement by the impounding
    26  organization  of any amount allowed by the court to be expended, and the
    27  return of the animal seized and impounded upon acquittal or dismissal of
    28  the charges, except where the dismissal is based upon an adjournment  in
    29  contemplation  of  dismissal  pursuant to section 215.30 of the criminal
    30  procedure law. The court order directing such refund  and  reimbursement
    31  shall  provide  for payment to be made within a reasonable time from the
    32  acquittal or dismissal of charges.
    33    § 2. Subparagraph 1 of paragraph b of subdivision 6 of section 373  of
    34  the  agriculture  and markets law, as amended by chapter 531 of the laws
    35  of 2013, is amended to read as follows:
    36    (1) Upon receipt of a petition pursuant to paragraph a of this  subdi-
    37  vision  the  court  shall  set a hearing on the petition to be conducted
    38  within ten business days of the filing of such petition. The  petitioner
    39  shall  serve  a  true copy of the petition upon the defendant and, where
    40  the petitioner is not the district attorney, upon the district  attorney
    41  if  the  district  attorney  has not filed the petition on behalf of the
    42  petitioner. The petitioner shall also serve a true copy of the  petition
    43  on  any  interested person. For purposes of this subdivision, interested
    44  person shall mean an individual, partnership, firm, joint stock company,
    45  corporation, association, trust, estate or other legal  entity  who  the
    46  court  determines  may  have a pecuniary interest in the animal which is
    47  the subject of the petition. The petitioner  or  the  district  attorney
    48  acting  on behalf of the petitioner, shall have the burden of proving by
    49  a preponderance of the evidence that the person from whom the animal was
    50  seized violated a provision of this article. The  court  may  waive  for
    51  good cause shown the posting of security.
    52    § 3. This act shall take effect immediately.
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