Bill Text: NY A10234 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the seizure of animals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-21 - enacting clause stricken [A10234 Detail]
Download: New_York-2017-A10234-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10234 IN ASSEMBLY March 26, 2018 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the seizure of animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 373 of the agriculture and markets law, as added by 2 chapter 545 of the laws of 1971, subdivisions 1, 2 and 3 as amended by 3 chapter 79 of the laws of 1997, subdivision 1-a as added by chapter 811 4 of the laws of 1981, subdivision 5 as amended by section 23 and subpara- 5 graph 2 of paragraph b of subdivision 6 as amended by section 24 of part 6 T of chapter 59 of the laws of 2010, subdivisions 6 and 7 as amended by 7 chapter 256 of the laws of 1997 and paragraph a and subparagraph 1 of 8 paragraph b of subdivision 6 as amended by chapter 531 of the laws of 9 2013, is amended to read as follows: 10 § 373. Seizure of animals lost, strayed, homeless, abandoned or 11 improperly confined or kept. 1. Any police officer or agent or officer 12 of the American Society for the Prevention of Cruelty to Animals or any 13 duly incorporated society for the prevention of cruelty to animals, may 14 lawfully take possession of any lost, strayed, homeless or abandoned 15 animal found in any street, road or other public place. 16 1-a. Any police officer in Lewis county may lawfully take possession 17 of any lost, strayed, homeless or abandoned domestic animal, as defined 18 in section one hundred eight of this chapter, found in any street, road 19 or other public place. 20 2. Any such police officer or agent or officer may also lawfully take 21 possession of any animal in or upon any premises other than a street, 22 road or other public place, which (a) for more than twelve successive 23 hours has been confined or kept in a crowded or unhealthy condition or 24 in unhealthful or unsanitary surroundings or (b) has not been properly 25 cared for, including, but not limited to the provision of necessary 26 shelter, veterinary, farrier and other species- or breed-specific care; 27 or [without] (c) for more than twelve successive hours has not been 28 provided with necessary sustenance, food or drink, provided that a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00242-01-7A. 10234 2 1 complaint stating just and reasonable grounds is made under oath or 2 affirmation to any magistrate authorized to issue warrants in criminal 3 cases, and that such warrant authorizing entry and search is issued and 4 delivered by such magistrate; if just and reasonable cause is shown, the 5 magistrate shall immediately issue such warrant. Further, the warrant 6 shall provide that, where any animal is seized from a person based upon 7 noncompliance with the standards of care set forth in this subdivision, 8 the police officer, agent or officer may take possession of any other 9 animal or animals in the custody or control of such person from whom the 10 animal is seized. The person from whom animals are seized pursuant to 11 this subdivision may petition the court, upon seizure, or within a 12 reasonable time thereafter, for a return of the seized animal or 13 animals. A hearing on such petition shall be conducted within ten busi- 14 ness days of such petition. The petitioner shall have the burden of 15 proving by a preponderance of the evidence that there was no probable 16 cause for the seizure of such animal or animals seized pursuant to this 17 subdivision. No animal or animals seized pursuant to this subdivision 18 may be returned to the owner or person from whom the animal or animals 19 were seized until such hearing has been conducted. 20 3. Any such police officer or agent or officer may also lawfully take 21 possession of any unwanted animal from the person in possession or 22 custody thereof. 23 4. When any person arrested is, at the time of such arrest, in charge 24 of any animal or of any vehicle drawn by or containing any animal, any 25 agent or officer of said society or societies or any police officer may 26 take charge of such animal and of such vehicle and its contents, and 27 deposit the same in a safe place or custody, or deliver the same into 28 the possession of the police or sheriff of the county or place wherein 29 such arrest was made, who shall thereupon assume the custody thereof; 30 and all necessary expenses incurred in taking charge of such property 31 shall be a charge thereon. 32 5. Nothing herein contained shall restrict the rights and powers 33 derived from section one hundred seventeen of this chapter relating to 34 seizure of unlicensed dogs and the disposition to be made of animals so 35 seized or taken, nor those derived from any other general or special law 36 relating to the seizure or other taking of dogs and other animals by a 37 society for the prevention of cruelty to animals. 38 6. a. If any animal is seized and impounded pursuant to the provisions 39 of this section, section three hundred fifty-three-d of this article or 40 section three hundred seventy-five of this article for any violation of 41 this article, upon arraignment of charges, or within a reasonable time 42 thereafter, for one or more of the animals seized the duly incorporated 43 society for the prevention of cruelty to animals, humane society, pound, 44 animal shelter or any authorized agents thereof, hereinafter referred to 45 for the purposes of this section as the "impounding organization", may 46 file a petition with the court requesting that the person from whom an 47 animal is seized or the owner of the animal be ordered to post a securi- 48 ty. The district attorney prosecuting the charges may file and obtain 49 the requested relief on behalf of the impounding organization if 50 requested to do so by the impounding organization. The security shall 51 be in an amount sufficient to secure payment for all reasonable expenses 52 incurred since the date of seizure and expected to be incurred by the 53 impounding organization in caring and providing for [the animal] all the 54 animals seized pending disposition of the charges for one or more of the 55 animals seized. Reasonable expenses shall include, but not be limited 56 to, estimated medical care and boarding of the seized animal or animalsA. 10234 3 1 for at least thirty days. The amount of the security, if any, shall be 2 determined by the court after taking into consideration all of the facts 3 and circumstances of the case including, but not limited to the recom- 4 mendation of the impounding organization having custody and care of the 5 seized animal or animals and the cost of caring for the animal or 6 animals. If a security has been posted in accordance with this section, 7 the impounding organization may draw from the security the actual 8 reasonable costs to be incurred by such organization in caring for the 9 seized animal or animals. 10 b. (1) Upon receipt of a petition pursuant to paragraph a of this 11 subdivision the court shall set a hearing on the petition to be 12 conducted within ten business days of the filing of such petition. The 13 petitioner shall serve a true copy of the petition upon the defendant 14 and the district attorney if the district attorney has not filed the 15 petition on behalf of the petitioner. The petitioner shall also serve a 16 true copy of the petition on any interested person. For purposes of this 17 subdivision, interested person shall mean an individual, partnership, 18 firm, joint stock company, corporation, association, trust, estate or 19 other legal entity who the court determines may have a pecuniary inter- 20 est in the animal which is the subject of the petition. The petitioner 21 or the district attorney acting on behalf of the petitioner, shall have 22 the burden of proving by a preponderance of the evidence that the person 23 from whom the animal was seized violated a provision of this article. 24 The court may waive for good cause shown the posting of security. 25 (2) If the court orders the posting of a security, the security shall 26 be posted with the clerk of the court within five business days of the 27 hearing provided for in subparagraph one of this paragraph. The court 28 may order the immediate forfeiture of the seized animal or animals to 29 the impounding organization if the person ordered to post the security 30 fails to do so. Any animal forfeited shall be made available for 31 adoption or euthanized subject to subdivision seven-a of section one 32 hundred seventeen of this chapter or section three hundred seventy-four 33 of this article. 34 (3) In the case of an animal other than a companion animal or pet, if 35 a person ordered to post security fails to do so, the court may, in 36 addition to the forfeiture to a duly incorporated society for the 37 prevention of cruelty to animals, humane society, pound, animal shelter 38 or any authorized agents thereof, and subject to the restrictions of 39 sections three hundred fifty-four, three hundred fifty-seven and three 40 hundred seventy-four of this article, order the animal which was the 41 basis of the order to be sold, provided that all interested persons 42 shall first be provided the opportunity to redeem their interest in the 43 animal and to purchase the interest of the person ordered to post secu- 44 rity, subject to such conditions as the court deems appropriate to 45 assure proper care and treatment of the animal. The court may reimburse 46 the person ordered to post security and any interested persons any money 47 earned by the sale of the animal less any costs including, but not 48 limited to, veterinary and custodial care. Any animal determined by the 49 court to be maimed, diseased, disabled or infirm so as to be unfit for 50 sale or any useful purpose shall be forfeited to a duly incorporated 51 society for the prevention of cruelty to animals or a duly incorporated 52 humane society or authorized agents thereof, and be available for 53 adoption or shall be euthanized subject to section three hundred seven- 54 ty-four of this article. 55 (4) Nothing in this section shall be construed to limit or restrict in 56 any way the rights of a secured party having a security interest in anyA. 10234 4 1 animal described in this section. This section expressly does not impair 2 or subordinate the rights of such a secured lender having a security 3 interest in the animal or in the proceeds from the sale of such animal. 4 c. In no event shall the security prevent the impounding organization 5 having custody and care of the animal or animals from disposing of the 6 animal or animals pursuant to section three hundred seventy-four of this 7 article prior to the expiration of the thirty day period covered by the 8 security if the court makes a determination of the charges against the 9 person from whom the animal or animals was or were seized prior thereto. 10 Upon receipt of a petition from the impounding organization, the court 11 may order the person from whom the animal or animals was or were seized 12 or the owner of the animal or animals to post an additional security 13 with the clerk of the court to secure payment of reasonable expenses for 14 an additional period of time pending a determination by the court of the 15 charges against the person from whom the animal or animals was or were 16 seized. The person who posted the security [shall be entitled to a] may 17 make application to the court for a refund of the security in whole or 18 part for any expenses not incurred by such impounding organization upon 19 adjudication of the charges. The person who posted the security shall be 20 entitled to a [full] refund of the security, [including reimbursement by21the impounding organization of any amount allowed by the court to be22expended] solely to the extent that the reasonable expenses paid there- 23 from by the impounding organization exceed the reasonable expenses that 24 would have been incurred had the seizure not occurred, and the return of 25 the animal or animals seized and impounded upon acquittal or dismissal 26 of [the] all charges, except (a) where the dismissal is based upon an 27 adjournment in contemplation of dismissal pursuant to section 215.30 of 28 the criminal procedure law or (b) where the person is charged with 29 violations of this article concerning more than one animal, and is found 30 guilty, by plea or otherwise, of any violation of this article regarding 31 any animal. The court order directing such refund and reimbursement 32 shall provide for payment to be made within a reasonable time from the 33 acquittal or dismissal of charges. 34 7. Notwithstanding any other provision of this section to the contra- 35 ry, the court may order a person charged with any violation of this 36 article to provide necessary food, water, shelter and care for any 37 animal which is the basis of the charge, without the removal of the 38 animal from its existing location, until the charges against the person 39 are adjudicated. [Until] Upon application to the court, until a final 40 determination of the charges is made, any law enforcement officer, offi- 41 cer of a duly incorporated society for the prevention of cruelty to 42 animals, or its authorized agents, [may] shall be authorized [by an43order of the court] to make [regular] sporadic, unannounced visits to 44 where the animal is being kept to ascertain if the animal is receiving 45 necessary [food, water, shelter and] care in accordance with subdivision 46 two of this section. Nothing shall prevent any law enforcement officer, 47 officer of a duly incorporated society for the prevention of cruelty to 48 animals, or its authorized agents, from applying for a warrant pursuant 49 to this section to seize any animal being held by the person charged 50 pending the adjudication of the charges if it is determined that the 51 animal is not receiving [the] necessary [food, water, shelter or] care 52 in accordance with subdivision two of this section. Nothing in this 53 subdivision shall be interpreted as permitting the return of an animal 54 seized pursuant to subdivision two of this section without a hearing as 55 required under such subdivision. 56 § 2. This act shall take effect immediately.
