Authorizes district attorney to petition for posting of security when animal is impounded as result of abuse

4 Co-sponsors

• Ruth Hassell-Thompson
• Craig M. Johnson
• George Onorato
• Suzi Oppenheimer

BILL NUMBER:S5479A

Title of bill

An act to amend the agriculture and markets law, in relation to authorizing district attorneys to petition for the posting of security for the care of impounded animals

Purpose or general idea of the bill

To cover the cost of animal care during criminal proceedings involving animal cruelty and expedite legal proceedings.

Summary of provisions

Paragraphs 6 (a), 6 (b) (1) and 6 (c) of Section 373 of the Agriculture and Markets Law are amended to allow district attorneys prosecuting animal cruelty cases to act as petitioner in seeking a court order to post securi.ty to cover the cost of animal care during criminal proceedings and clarifying that petitions for a security order may be filed at or within ten business days after arraignment.

Justification

Currently only the "impounding organization" itself is expressly authorized to bring a petition, creating a substantial hardship for SPCA's and humane societies unschooled in the intricacies of criminal trial practice. There is also a need to make clear that the petition for a security order may be filed at or within ten business days after arraignment (while the criminal charges are still pending). The current language is ambiguous at best; indicating that the petition may be brought "upon" arraignment, prompting some defendants and courts to assert that the petition is untimely if not filed at arraignment.

Fiscal implications

None.

Effective date

This act shall take effect immediately.