Requires that individuals convicted of certain animal cruelty and animal fighting offenses reimburse the organizations caring for such animals

Title of bill

An act to amend the agriculture and markets law, in relation to orders of restitution in certain cases

Purpose

This bill would amend the agriculture and markets law to provide for mandatory hearings regarding the order of security to a shelter, humane society, society for the prevention of cruelty to animals or other organization or agency that provides care for animals seized by the state for the reasonable costs incurred by such agency or organization in providing such care.

Summary of specific provisions

This bill would amend Section 373 to provide that the court will order a hearing to determine if the person from whom an animal is seized pursuant to the provisions of Article 26 of Agriculture & Markets Law must post security to a shelter, humane society, society for the prevention of cruelty to animals or other organization or agency that provided care for animals for the reasonable costs incurred by such agency or organization in providing such care. Such costs would include, but not be limited to, the reasonable cost of housing, feeding and providing necessary veterinary care to the animals.

Justification

This legislation would amend section 373 of the agriculture and markets law by requiring hearings to determine the posting of security from a person from whom an animal is seized for an animal cruelty offense in order to make restitution to certain organizations or agencies that provided care for animals seized after such offense, for the reasonable costs incurred by such agency or organization in providing such care.

Because crimes against animals so often involve the seizure of these animals, these cases pose unique challenges to law enforcement agencies throughout New York State. The greatest challenge may involve arranging for the housing and care of these animals while the criminal case is pending. Private organizations, such as shelters, humane societies and societies for the prevention of cruelty to animals, have traditionally assisted law enforcement agencies by providing care for these animals (which preserves the "evidence" seized in criminal matters) with little or no reimbursement.

It is critically important to the continued prosecution of animal cruelty cases that these animal care organizations be reimbursed for the services that they provide to these victimized animals. Many such organizations and agencies are being forced, for economic reasons, to decline assistance in these cases because of the enormous financial burden of caring for a large number of animals for an extended time with no assurance of reimbursement. As a result, where there are no resources to care for the animals once they are seized, law enforcement is less likely to conduct the seizures in the first place.

Although New York State's current security posting law is intended to alleviate some of the financial burden on agencies and organizations, it does not always achieve that result. Currently, security posting is discretionary so courts sometimes do not require it, even if the requisite burden of proof has been met. Also, shelters housing animals are often not represented by counsel. Accordingly, they often do not seek security posting because they are unaware of the option. By making hearings regarding security posting a mandatory task of the state in bringing animal cruelty charges this bill would remedy such problems and assure for the care of these abused animals and a revenue stream to reimburse the care giving shelters. PRIOR LEGISLATIVE HISTORY : A.9975B/S.6942B (Passed Assembly)

Fiscal implications

None Noted.

Effective date

This act will take effect on the ninetieth day after it shall have become a law.