STATE OF NEW YORK ________________________________________________________________________ 3073 2025-2026 Regular Sessions IN SENATE January 23, 2025 ___________ Introduced by Sens. GIANARIS, BORRELLO, CANZONERI-FITZPATRICK, HARCKHAM, MAY, MURRAY, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03437-01-5
S. 3073 2 1 1. "Mistreated or not properly cared for" means every act or omission 2 that results in a companion animal suffering unnecessary psychological 3 or physical injury or pain, or failing to provide adequate food, water, 4 shelter or veterinary care necessary to preserve the physical and mental 5 well-being of a companion animal. 6 2. "Companion animal" shall have the same meaning as defined by 7 section three hundred fifty of this chapter. 8 3. "Authorized agent" means any police officer, or agent or officer of 9 any duly incorporated society for the prevention of cruelty to animals 10 pursuant to section three hundred seventy-three of this chapter. 11 4. "Impounding organization" shall mean any municipal pound or shel- 12 ter, duly incorporated society for the prevention of cruelty to animals 13 or duly incorporated humane society. 14 § 442. Jurisdiction; courts; venue. 1. A special proceeding to ensure 15 proper care or seizure of a companion animal shall be maintained in the 16 supreme court. 17 2. The place of the special proceeding shall be within the jurisdic- 18 tional area of the court where such companion animal thereof is situ- 19 ated. 20 § 443. Notice of mistreated companion animal. If an authorized agent 21 has reason to believe that a companion animal has been or is being 22 mistreated or not properly cared for, such authorized agent may notify 23 the owner or caretaker, in writing, of such owner or caretaker's duty to 24 provide certain care, including but not limited to, proper shelter, 25 food, water or veterinary care to such companion animal at the owner's 26 or caretaker's expense and within a time period determined by such 27 authorized agent's discretion. 28 § 444. Emergency powers. 1. If such owner or caretaker fails to 29 provide care to such companion animal and such companion animal remains 30 mistreated or not cared for after receiving notice and within the time 31 period determined by such authorized agent, an authorized agent may 32 immediately petition the court for an ex-parte emergency care and 33 inspection order. 34 2. An emergency care and inspection order shall be immediately issued 35 upon a showing of probable cause that such companion animal has been or 36 is being mistreated or not properly cared for. 37 3. Such order shall require the owner or caretaker to provide care to 38 such companion animal and allow an authorized agent to enter onto the 39 premises where such companion animal is being kept to ensure such 40 companion animal is receiving necessary food, water, shelter and care. 41 4. An ex-parte emergency care and inspection order issued pursuant to 42 this section shall be effective upon service, in accordance with section 43 three hundred eight of the civil practice law and rules, and shall: 44 (a) provide specific details of such mistreatment or failure to 45 provide proper care to such companion animal and direct such owner or 46 caretaker to take corrective action; 47 (b) allow an authorized agent and licensed veterinarian at the direc- 48 tion of such authorized agent to inspect such companion animal to ensure 49 compliance with the order to provide care; 50 (c) prohibit such owner or caretaker from interfering with such 51 inspection by the authorized agent or veterinarian; 52 (d) prohibit an owner or caretaker from transferring ownership of such 53 companion animal; 54 (e) prohibit an owner or caretaker from euthanizing such companion 55 animal without first seeking and obtaining permission of the court on a
S. 3073 3 1 showing that such procedure is to prevent undue suffering or physical 2 pain to such companion animal; and 3 (f) allow a veterinarian to examine such companion animal at least 4 twenty-four hours prior to such animal care hearing. 5 5. Upon issuance of an emergency care and inspection order, the court 6 shall set a time within ten calendar days of the date of issuance for an 7 animal care hearing pursuant to section four hundred forty-five of this 8 article, to determine whether such companion animal has been mistreated 9 or not properly cared for. The date and time for the scheduled hearing 10 shall be noted within such order, or as an attachment to such order. 11 6. Such emergency care and inspection order and notice of animal care 12 hearing shall be provided within at least five days prior to the sched- 13 uled animal care hearing and served in accordance with section three 14 hundred eight of the civil practice law and rules. If such owner or 15 caretaker is not known, the emergency care and inspection order and 16 notice of animal care hearing may be affixed to such premises where such 17 companion animal was located. 18 § 445. Animal care hearing. 1. In a proceeding to determine whether 19 such companion animal has been or is being mistreated or not properly 20 cared for, and that such owner is unable to or unwilling to provide 21 immediate and continued proper care for such companion animal, the court 22 may consider the following: 23 (a) testimony from the authorized agent and other witnesses as to the 24 condition of such companion animal; 25 (b) testimony from the authorized agent and other witnesses as to the 26 conditions under which such companion animal was kept; 27 (c) evidence as to any veterinary and behavioral care provided to such 28 companion animal; 29 (d) testimony from witnesses as to the prior treatment or condition of 30 such companion animal or other companion animals in the owner or care- 31 taker's custody; 32 (e) prior convictions of statutes prohibiting cruelty to animals; and 33 (f) any evidence the court deems material or relevant. 34 2. The authorized agent shall have the burden to prove, by a prepon- 35 derance of the evidence, that such companion animal was mistreated or 36 not properly cared for, and that such owner or caretaker is unable or 37 unwilling to provide immediate and continued proper care for such 38 companion animal. The owner or caretaker shall have the right to a full 39 defense including, but not limited to, the right to cross-examine 40 witnesses and to present witnesses and evidence. 41 3. If the court determines that such owner or caretaker of the compan- 42 ion animal is unable or unwilling to provide adequate care for the 43 companion animal and that the companion animal was mistreated or not 44 properly cared for, the court shall order the immediate forfeiture such 45 companion animal that has been the subject of the hearing to the author- 46 ized agent. The court shall also enjoin the owner or caretaker's further 47 possession, custody, or ownership of such other companion animals for a 48 time determined by the court to be reasonable. 49 (a) Upon an order of forfeiture pursuant to this subdivision, the 50 authorized agent may deliver such companion animal to an impounding 51 organization for adoption or other disposition pursuant to section three 52 hundred seventy-four of this chapter. 53 (b) Any order of forfeiture pursuant to this section shall identify a 54 supersedeas bond amount based on the reasonable cost to care for the 55 companion animal subject to the order of forfeiture, to be paid by the 56 owner or caretaker. Reasonable costs of care shall be determined based
S. 3073 4 1 on testimony provided at the animal care hearing and shall be calculated 2 based on the total number of animal or animals and the reasonable daily 3 cost of care for such animal or animals for, at minimum, a period of one 4 hundred eighty days. 5 4. If the court determines that such owner or caretaker of the compan- 6 ion animal has provided and will continue to provide adequate care for 7 the companion animal that has been the subject of the order to provide 8 care, or that the companion animal was not mistreated or not properly 9 cared for as set forth in the emergency order, the court shall vacate 10 the order to provide care. Vacatur pursuant to this subdivision shall 11 not preclude the court from entering an order to provide care in the 12 future. 13 5. A finding in a court of competent jurisdiction that the owner or 14 caretaker of the animal is guilty of an offense brought pursuant to this 15 article relating to the companion animal that is the subject of the 16 animal care hearing is prima facie evidence that such companion animal 17 has been mistreated or not properly cared for. 18 § 446. Appeal. 1. An appeal may be taken to the appellate division as 19 of right, originating in the supreme court from where the order of 20 forfeiture was issued. As a condition of perfecting such appeal, the 21 owner or caretaker shall file a notice of appeal and pay such superse- 22 deas bond set by the court, not later than ten calendar days after the 23 date the order of forfeiture was issued. 24 2. Any appeal filed with the appellate division of the supreme court 25 shall be perfected within thirty days following the date of the order of 26 forfeiture. 27 3. A hearing on such appeal shall be heard within thirty calendar days 28 after such appeal is perfected unless a continuance is mutually agreed 29 upon the parties. If a continuance is granted, the owner or caretaker of 30 such forfeited companion animal shall pay a second supersedeas bond in 31 the amount ordered by the appellate division. 32 4. The filing of such appeal shall not prevent the removal of a 33 forfeited companion animal from such owner or caretaker's possession by 34 the authorized agent. However, if such supersedeas bond has been paid 35 under subdivision one of this section, such companion animal or animals 36 may not be adopted or otherwise disposed of, except under circumstances 37 which would require the humane euthanasia of such companion animal to 38 prevent undue suffering or physical pain, or where such companion animal 39 poses a severe and immediate danger to itself, people or other animals. 40 § 447. Construction with other laws. Nothing in this article shall be 41 construed to (a) limit or restrict agents or officers of societies for 42 the prevention of cruelty to animals or any police officer from enforc- 43 ing other provisions of article twenty-six of this chapter or any other 44 law relating to the humane treatment of, or cruelty to, animals, or (b) 45 prevent a dog control officer or peace officer, acting pursuant to the 46 officer's special duties, or police officer in the employ of or under 47 contract to a municipality from seizing any dog pursuant to article 48 seven of this chapter. Relief pursuant to this section shall not be 49 stayed or continued due to the filing of criminal charges involving or 50 otherwise relating to such companion animals that are subject of the 51 emergency care and inspection order and animal care hearing. 52 § 2. This act shall take effect on the one hundred twentieth day after 53 it shall have become a law.