Bill Text: NY A00412 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A00412 Detail]
Download: New_York-2015-A00412-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
412
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04283-01-5
A. 412 2
1 ed to, veterinary and custodial care, and any fines or penalties imposed
2 by the court. The court may order that the subject animals be provided
3 with appropriate care and treatment pending the hearing and the disposi-
4 tion of the charges. Any farm animal ordered forfeited but not sold
5 shall be remanded to the custody and charge of a duly incorporated soci-
6 ety for the prevention of cruelty to animals or duly incorporated humane
7 society or its authorized agent thereof and disposed of pursuant to
8 paragraph e of this subdivision.
9 (2) [All] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION THREE
10 HUNDRED SEVENTY-THREE OF THIS ARTICLE, ALL interested persons shall be
11 provided an opportunity at the hearing to redeem their interest as
12 determined by the court in the subject farm animals and to purchase the
13 interest of the convicted person. The convicted person OR ANY PERSON
14 DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE
15 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR
16 SHOULD HAVE KNOWN OF THE UNLAWFUL ACT shall NOT be entitled to be reim-
17 bursed his interest in the farm animals[, less any costs, fines or
18 penalties imposed by the court, as specified under paragraph d of this
19 subdivision]. In no case shall the court award custody or control of the
20 animals to any interested person who conspired, aided or abetted in the
21 unlawful act which was the basis of the conviction, or who knew or
22 should have known of the unlawful act.
23 g. Nothing in this section shall be construed to limit or restrict in
24 any way the rights of a secured party having a security interest in any
25 farm animal described in this section[. This] EXCEPT THAT THE CONVICTED
26 PERSON OR ANY PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED
27 OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR
28 WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT SHALL NOT BE ENTITLED
29 TO BE REIMBURSED HIS INTEREST IN THE FARM ANIMALS. EXCEPT AS OTHERWISE
30 PROVIDED HEREIN OR IN SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTI-
31 CLE, THIS section expressly does not impair or subordinate the rights of
32 such a secured lender having a security interest in farm animals or in
33 the proceeds from the sale of such farm animals.
34 S 2. Subparagraphs 3 and 4 of paragraph b of subdivision 6 of section
35 373 of the agriculture and markets law, as added by chapter 256 of the
36 laws of 1997, are amended to read as follows:
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] SHALL
49 NOT reimburse the person ordered to post security [and] OR ANY PERSON
50 DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN THE
51 UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION OR WHO KNEW OR SHOULD
52 HAVE KNOWN OF THE UNLAWFUL ACT ANY MONEY EARNED BY THE SALE OF THE
53 ANIMAL BUT MAY REIMBURSE any OTHER interested persons any money earned
54 by the sale of the animal less any costs including, but not limited to,
55 veterinary and custodial care. Any animal determined by the court to be
56 maimed, diseased, disabled or infirm so as to be unfit for sale or any
A. 412 3
1 useful purpose shall be forfeited to a duly incorporated society for the
2 prevention of cruelty to animals or a duly incorporated humane society
3 or authorized agents thereof, and be available for adoption or shall be
4 euthanized subject to section three hundred seventy-four of this arti-
5 cle.
6 (4) [Nothing] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION THREE
7 HUNDRED SEVENTY-FOUR OF THIS ARTICLE, NOTHING in this section shall be
8 construed to limit or restrict in any way the rights of a secured party
9 having a security interest in any animal described in this section.
10 [This] EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN SECTION THREE HUNDRED
11 SEVENTY-FOUR OF THIS ARTICLE, THIS section expressly does not impair or
12 subordinate the rights of such a secured lender having a security inter-
13 est in the animal or in the proceeds from the sale of such animal.
14 S 3. This act shall take effect immediately.
