Bill Text: NY A09215 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a civil remedy for the protection of animals denied proper care by creating a special proceeding in the supreme court that will hold owners and caretakers liable if such animals under their care are mistreated.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2024-02-16 - referred to agriculture [A09215 Detail]
Download: New_York-2023-A09215-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9215 IN ASSEMBLY February 16, 2024 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to estab- lishing a civil remedy for the protection of companion animals denied proper care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The agriculture and markets law is amended by adding a new 2 article 26-D to read as follows: 3 ARTICLE 26-D 4 CIVIL REMEDY FOR THE PROTECTION OF COMPANION ANIMALS 5 Section 440. Legislative purpose. 6 441. Definitions. 7 442. Jurisdiction; courts; venue. 8 443. Notice of mistreated companion animal. 9 444. Emergency powers. 10 445. Animal care hearing. 11 446. Appeal. 12 447. Construction with other laws. 13 § 440. Legislative purpose. The purpose of this article is to provide 14 a civil means by which a companion animal that is found to be mistreated 15 or not properly cared for may be: 16 1. Made the subject of a court order to provide care issued to its 17 owner or caretaker, and 18 2. Removed from its present custody if necessary to ensure proper 19 care. 20 § 441. Definitions. As used in this article, the following terms shall 21 have the following meanings: 22 1. "Mistreated or not properly cared for" means every act or omission 23 that results in a companion animal suffering unnecessary psychological 24 or physical injury or pain, or failing to provide adequate food, water, 25 shelter or veterinary care necessary to preserve the physical and mental 26 well-being of a companion animal. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14303-03-4A. 9215 2 1 2. "Companion animal" shall have the same meaning as defined by 2 section three hundred fifty of this chapter. 3 3. "Authorized agent" means any police officer, or agent or officer of 4 any duly incorporated society for the prevention of cruelty to animals 5 pursuant to section three hundred seventy-three of this chapter. 6 4. "Impounding organization" shall mean any municipal pound or shel- 7 ter, duly incorporated society for the prevention of cruelty to animals 8 or duly incorporated humane society. 9 § 442. Jurisdiction; courts; venue. 1. A special proceeding to ensure 10 proper care or seizure of a companion animal shall be maintained in the 11 supreme court. 12 2. The place of the special proceeding shall be within the jurisdic- 13 tional area of the court where such companion animal thereof is situ- 14 ated. 15 § 443. Notice of mistreated companion animal. If an authorized agent 16 has reason to believe that a companion animal has been or is being 17 mistreated or not properly cared for, such authorized agent may notify 18 the owner or caretaker, in writing, of such owner or caretaker's duty to 19 provide certain care, including but not limited to, proper shelter, 20 food, water or veterinary care to such companion animal at the owner's 21 or caretaker's expense and within a time period determined by such 22 authorized agent's discretion. 23 § 444. Emergency powers. 1. If such owner or caretaker fails to 24 provide care to such companion animal and such companion animal remains 25 mistreated or not cared for after receiving notice and within the time 26 period determined by such authorized agent, an authorized agent may 27 immediately petition the court for an ex-parte emergency care and 28 inspection order. 29 2. An emergency care and inspection order shall be immediately issued 30 upon a showing of probable cause that such companion animal has been or 31 is being mistreated or not properly cared for. 32 3. Such order shall require the owner or caretaker to provide care to 33 such companion animal and allow an authorized agent to enter onto the 34 premises where such companion animal is being kept to ensure such 35 companion animal is receiving necessary food, water, shelter and care. 36 4. An ex-parte emergency care and inspection order issued pursuant to 37 this section shall be effective upon service, in accordance with section 38 three hundred eight of the civil practice law and rules, and shall: 39 (a) provide specific details of such mistreatment or failure to 40 provide proper care to such companion animal and direct such owner or 41 caretaker to take corrective action; 42 (b) allow an authorized agent and licensed veterinarian at the direc- 43 tion of such authorized agent to inspect such companion animal to ensure 44 compliance with the order to provide care; 45 (c) prohibit such owner or caretaker from interfering with such 46 inspection by the authorized agent or veterinarian; 47 (d) prohibit an owner or caretaker from transferring ownership of such 48 companion animal; 49 (e) prohibit an owner or caretaker from euthanizing such companion 50 animal without first seeking and obtaining permission of the court on a 51 showing that such procedure is to prevent undue suffering or physical 52 pain to such companion animal; and 53 (f) allow a veterinarian to examine such companion animal at least 54 twenty-four hours prior to such animal care hearing. 55 5. Upon issuance of an emergency care and inspection order, the court 56 shall set a time within ten calendar days of the date of issuance for anA. 9215 3 1 animal care hearing pursuant to section four hundred forty-five of this 2 article, to determine whether such companion animal has been mistreated 3 or not properly cared for. The date and time for the scheduled hearing 4 shall be noted within such order, or as an attachment to such order. 5 6. Such emergency care and inspection order and notice of animal care 6 hearing shall be provided within at least five days prior to the sched- 7 uled animal care hearing and served in accordance with section three 8 hundred eight of the civil practice law and rules. If such owner or 9 caretaker is not known, the emergency care and inspection order and 10 notice of animal care hearing may be affixed to such premises where such 11 companion animal was located. 12 § 445. Animal care hearing. 1. In a proceeding to determine whether 13 such companion animal has been or is being mistreated or not properly 14 cared for, and that such owner is unable to or unwilling to provide 15 immediate and continued proper care for such companion animal, the court 16 may consider the following: 17 (a) testimony from the authorized agent and other witnesses as to the 18 condition of such companion animal; 19 (b) testimony from the authorized agent and other witnesses as to the 20 conditions under which such companion animal was kept; 21 (c) evidence as to any veterinary and behavioral care provided to such 22 companion animal; 23 (d) testimony from witnesses as to the prior treatment or condition of 24 such companion animal or other companion animals in the owner or care- 25 taker's custody; 26 (e) prior convictions of statutes prohibiting cruelty to animals; and 27 (f) any evidence the court deems material or relevant. 28 2. The authorized agent shall have the burden to prove, by a prepon- 29 derance of the evidence, that such companion animal was mistreated or 30 not properly cared for, and that such owner or caretaker is unable or 31 unwilling to provide immediate and continued proper care for such 32 companion animal. The owner or caretaker shall have the right to a full 33 defense including, but not limited to, the right to cross-examine 34 witnesses and to present witnesses and evidence. 35 3. If the court determines that such owner or caretaker of the compan- 36 ion animal is unable or unwilling to provide adequate care for the 37 companion animal and that the companion animal was mistreated or not 38 properly cared for, the court shall order the immediate forfeiture such 39 companion animal that has been the subject of the hearing to the author- 40 ized agent. The court shall also enjoin the owner or caretaker's further 41 possession, custody, or ownership of such other companion animals for a 42 time determined by the court to be reasonable. 43 (a) Upon an order of forfeiture pursuant to this subdivision, the 44 authorized agent may deliver such companion animal to an impounding 45 organization for adoption or other disposition pursuant to section three 46 hundred seventy-four of this chapter. 47 (b) Any order of forfeiture pursuant to this section shall identify a 48 supersedeas bond amount based on the reasonable cost to care for the 49 companion animal subject to the order of forfeiture, to be paid by the 50 owner or caretaker. Reasonable costs of care shall be determined based 51 on testimony provided at the animal care hearing and shall be calculated 52 based on the total number of animal or animals and the reasonable daily 53 cost of care for such animal or animals for, at minimum, a period of one 54 hundred eighty days. 55 4. If the court determines that such owner or caretaker of the compan- 56 ion animal has provided and will continue to provide adequate care forA. 9215 4 1 the companion animal that has been the subject of the order to provide 2 care, or that the companion animal was not mistreated or not properly 3 cared for as set forth in the emergency order, the court shall vacate 4 the order to provide care. Vacatur pursuant to this subdivision shall 5 not preclude the court from entering an order to provide care in the 6 future. 7 5. A finding in a court of competent jurisdiction that the owner or 8 caretaker of the animal is guilty of an offense brought pursuant to this 9 article relating to the companion animal that is the subject of the 10 animal care hearing is prima facie evidence that such companion animal 11 has been mistreated or not properly cared for. 12 § 446. Appeal. 1. An appeal may be taken to the appellate division as 13 of right, originating in the supreme court from where the order of 14 forfeiture was issued. As a condition of perfecting such appeal, the 15 owner or caretaker shall file a notice of appeal and pay such superse- 16 deas bond set by the court, not later than ten calendar days after the 17 date the order of forfeiture was issued. 18 2. Any appeal filed with the appellate division of the supreme court 19 shall be perfected within thirty days following the date of the order of 20 forfeiture. 21 3. A hearing on such appeal shall be heard within thirty calendar days 22 after such appeal is perfected unless a continuance is mutually agreed 23 upon the parties. If a continuance is granted, the owner or caretaker of 24 such forfeited companion animal shall pay a second supersedeas bond in 25 the amount ordered by the appellate division. 26 4. The filing of such appeal shall not prevent the removal of a 27 forfeited companion animal from such owner or caretaker's possession by 28 the authorized agent. However, if such supersedeas bond has been paid 29 under subdivision one of this section, such companion animal or animals 30 may not be adopted or otherwise disposed of, except under circumstances 31 which would require the humane euthanasia of such companion animal to 32 prevent undue suffering or physical pain, or where such companion animal 33 poses a severe and immediate danger to itself, people or other animals. 34 § 447. Construction with other laws. Nothing in this article shall be 35 construed to (a) limit or restrict agents or officers of societies for 36 the prevention of cruelty to animals or any police officer from enforc- 37 ing other provisions of article twenty-six of this chapter or any other 38 law relating to the humane treatment of, or cruelty to, animals, or (b) 39 prevent a dog control officer or peace officer, acting pursuant to the 40 officer's special duties, or police officer in the employ of or under 41 contract to a municipality from seizing any dog pursuant to article 42 seven of this chapter. Relief pursuant to this section shall not be 43 stayed or continued due to the filing of criminal charges involving or 44 otherwise relating to such companion animals that are subject of the 45 emergency care and inspection order and animal care hearing. 46 § 2. This act shall take effect on the one hundred twentieth day after 47 it shall have become a law.
