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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1121
SPONSOR: Paulin TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the
posting of security by a person against whom certain criminal charges
are pending
PURPOSE:
This bill seeks to improve the process for animal sheltering organiza-
tions to responsibly meet the costs associated with caring for the
victims of animal cruelty during a criminal investigation.
SUMMARY OF PROVISIONS:
Section one amends section 373 of the agriculture and markets law to
authorize an impounding organization, holding live animals as evidence
on behalf of any political subdivision Of government during a criminal
investigation, to petition the court of jurisdiction for the posting of
security upon the issuance of an appearance ticket under certain circum-
stances, within a reasonable time thereafter. This section also
provides that service can be completed personally or through certified
mail when a petition is filed, after the issuance of an appearance tick-
et, but prior to arraignment on charges. If a petition is filed after
the issuance of an appearance ticket, but prior to arraignment on charg-
es, if the defendant does not have counsel at the time of arraignment,
the court may appoint counsel for purposes of the petition if such
defendant is Otherwise eligible for appointed counsel for the underlying
Criminal offense.
Section two provides the effective date.
JUSTIFICATION:
Not-for-profit humane societies, societies for the prevention of cruelty
to animals and other sheltering organizations are often left to care for
the victims of animal abuse when such animals are seized from their
alleged abusers.: The security posting process in current law plays an
essential role in helping: to cover the significant costs associated
with caring for these victims by authorizing courts to require the
accused to place funds in an account that can be accessed by the shel-
tering Organization to assist with providing this essential. service.
Under current law, once cruelty or animal fighting charges are filed, it
can be several months or even longer before the criminal case is
resolved - either by a plea bargain or by criminal trial. Depending upon
the specifics-of the case and the jurisdiction, arraignment may not
occur for several days, several weeks, or in many cases much longer. In
New York City, for example, the typical wait for an arraignment to occur
is at least six to eight weeks after the issuance of an appearance tick-
et. This creates a clear and serious delay in the ability to petition
the court for security, thereby placing the financial burden of caring
for such animals squarely upon the impounding organitation until
arraignment occurs.
This legislation would authorize the security posting petition to be
filed upon the issuance of an appearance ticket or within a reasonable
time thereafter. It would not affect or confuse the current petition
process where an alleged abuser is brought, into physical custody. In
doing so, it will benefit not just the impounding organization and the
seized animals but also the defendant, who will be assured prompter
access to the judicial forum to ensure retention of his animals while
criminal charges are resolved. This would greatly improve the process
for animal shelters and the local governments they serve to responsibly
meet the costs associated with caring for the victims of animal cruelty.
Unable to shoulder the costs associated with caring for these animals
alone, many shelters are forced to limit the assistance they can offer.
This creates an obstacle to effective enforcement of cruelty and anti-
fighting laws, which are serious: misdemeanor and felony-level crimes in
New York State there is no place for the seized animals to go, law
enforcement often has little choice but to weigh against, seizing them
in the first place, an outcome that must be avoided wherever possible.
LEGISLATIVE HISTORY:
A.4986 of 2021 and 2022, referred to agriculture.
A.5552 of 2019 and 2020, referred to agriculture. Same as S. 3707,
passed Senate in 2019.
A.7969-A of 2015 and 2016, referred to agriculture. Same as S. 5727-A,
referred to agriculture in 2015 and advanced to a third reading in 2016.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
On the ninetieth day after it shall become a law.
STATE OF NEW YORK
________________________________________________________________________
1121
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. PAULIN, BUTTENSCHON, ZEBROWSKI, STIRPE, CRUZ,
WILLIAMS, SAYEGH, McDONOUGH, DeSTEFANO, MILLER, COLTON, STECK --
Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
posting of security by a person against whom certain criminal charges
are pending
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a and subparagraph 1 of paragraph b of subdivi-
2 sion 6 of section 373 of the agriculture and markets law, paragraph a as
3 amended by chapter 289 of the laws of 2018 and subparagraph 1 of para-
4 graph b as amended by chapter 531 of the laws of 2013, are amended to
5 read as follows:
6 a. If any animal is seized and impounded pursuant to the provisions of
7 this section, section three hundred fifty-three-d [of this article] or
8 [section] three hundred seventy-five of this article for any violation
9 of this article, [upon arraignment of charges, or within a reasonable
10 time thereafter,] the duly incorporated society for the prevention of
11 cruelty to animals, humane society, pound, animal shelter or any author-
12 ized agents thereof, hereinafter referred to for the purposes of this
13 section as the "impounding organization", may file a petition with the
14 court in which criminal charges have been filed requesting that the
15 person [from whom an animal is seized or the owner of the animal]
16 against whom criminal charges are pending ("the defendant") be ordered
17 to post a security. If the defendant is issued an appearance ticket, as
18 defined in subdivision twenty-six of section 1.20 of the criminal proce-
19 dure law, the petition may be filed upon the issuance of such appearance
20 ticket or within a reasonable time thereafter. In all other circum-
21 stances, the petition may be filed upon arraignment of charges or within
22 a reasonable time thereafter. The district attorney prosecuting the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04264-01-3
A. 1121 2
1 charges may file and obtain the requested relief on behalf of the
2 impounding organization if requested to do so by the impounding organ-
3 ization. The security shall be in an amount sufficient to secure payment
4 for all reasonable expenses expected to be incurred by the impounding
5 organization in caring and providing for the animal pending disposition
6 of the charges. Reasonable expenses shall include, but not be limited
7 to, estimated medical care and boarding of the animal for at least thir-
8 ty days. The amount of the security, if any, shall be determined by the
9 court after taking into consideration all of the facts and circumstances
10 of the case including, but not limited to the recommendation of the
11 impounding organization having custody and care of the seized animal and
12 the cost of caring for the animal. If a security has been posted in
13 accordance with this section, the impounding organization may draw from
14 the security the actual reasonable costs to be incurred by such organ-
15 ization in caring for the seized animal.
16 (1) Upon receipt of a petition pursuant to paragraph a of this subdi-
17 vision the court shall set a hearing on the petition to be conducted
18 within ten business days of the filing of such petition. The petitioner
19 shall serve a true copy of the petition upon the defendant and the
20 district attorney if the district attorney has not filed the petition on
21 behalf of the petitioner. If the petition is filed after the issuance
22 of an appearance ticket but prior to arraignment on charges, service may
23 be effectuated by serving a true copy thereof personally upon the
24 defendant, or by sending a true copy thereof by certified mail to the
25 address of the defendant. The petitioner shall also serve a true copy of
26 the petition on any interested person. For purposes of this subdivision,
27 interested person shall mean an individual, partnership, firm, joint
28 stock company, corporation, association, trust, estate or other legal
29 entity who the court determines may have [a] an ownership or pecuniary
30 interest in the animal which is the subject of the petition. Provided,
31 that, if a petition is filed after the issuance of an appearance ticket
32 but prior to arraignment on charges, and the defendant does not have
33 counsel at the time of arraignment, the court may assign counsel for
34 purposes of the petition if such defendant is otherwise eligible for
35 appointed counsel for the underlying criminal offense. The petitioner or
36 the district attorney acting on behalf of the petitioner, shall have the
37 burden of proving by a preponderance of the evidence that the [person
38 from whom the animal was seized] defendant violated a provision of this
39 article. The court may waive for good cause shown the posting of securi-
40 ty.
41 § 2. This act shall take effect on the ninetieth day after it shall
42 have become a law.
