Bill Text: NY S04796 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2018-04-30 - SUBSTITUTED BY A62A [S04796 Detail]

Download: New_York-2017-S04796-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4796--A
            Cal. No. 938
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 1, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Agriculture  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
        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.
                                                                   LBD06444-07-7
        S. 4796--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.