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.