Bill Text: NY A00062 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2018-10-01 - signed chap.289 [A00062 Detail]

Download: New_York-2017-A00062-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          62--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  M.  of A. PAULIN, McDONOUGH, SKOUFIS, JENNE -- read once
          and referred to the Committee on Agriculture -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          proper  venue  for an impounding organization to file a petition for a
          security
          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 531 of the laws of 2013, 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, hereinafter referred to for the purposes of this section
    11  as  the "impounding organization", may file a petition with the court in
    12  which criminal charges have been filed requesting that the  person  from
    13  whom an animal is seized or the owner of the animal be ordered to post a
    14  security.  The  district  attorney  prosecuting the charges may file and
    15  obtain the requested relief on behalf of the impounding organization  if
    16  requested to do so by the impounding organization. The security shall be
    17  in  an  amount  sufficient to secure payment for all reasonable expenses
    18  expected to be incurred by the impounding  organization  in  caring  and
    19  providing  for the animal pending disposition of the charges. Reasonable
    20  expenses shall include, but not be limited to,  estimated  medical  care
    21  and  boarding  of the animal for at least thirty days. The amount of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06444-06-7
        A. 62--A                            2
     1  security, if any, shall be determined by the  court  after  taking  into
     2  consideration  all of the facts and circumstances of the case including,
     3  but not limited to the recommendation  of  the  impounding  organization
     4  having  custody and care of the seized animal and the cost of caring for
     5  the animal. If a security  has  been  posted  in  accordance  with  this
     6  section,  the  impounding  organization  may  draw from the security the
     7  actual reasonable costs to be incurred by such  organization  in  caring
     8  for the seized animal.
     9    § 2. This act shall take effect immediately.