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

BILL NUMBER:S3806 REVISED 03/16/11

Title of bill

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

Purpose

To require courts to hold a hearing to determine whether the person from whom an animal is seized, or the owner of the animal, should be ordered to post a security to reimburse the impounding organization such as a duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof for the cost of care for the seized animal.

Summary of provisions

Section one provides the legislative purpose.

Section two amends paragraph a of subdivision 6 of section 373 of the agriculture and markets law, as amended by chapter 586 of the laws of 2008 by providing that the court shall, within a reasonable time after arraignment, hold a hearing to determine if the person from whom an animal is seized, or the owner of the animal, should be ordered to post a security to reimburse a duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof for the cost of care for the seized animal.

Section three amends paragraphs band c of subdivision 6 of section 373 of the agriculture and markets law, as amended by chapter 256 of the laws of 1997, subparagraph 2 of paragraph has amended by section 24 of part T of chapter 59 of the laws of 2010, by providing certain procedural changes regarding service and filing of papers. This section provides that the district attorney rather than the petitioner shall have the burden of proof, unless the impounding organization appears at the hearing and requests to present evidence and meet such burden on its own behalf.

Justification

Often in cases of animal cruelty, animals are seized by a law enforcement agent(s). Afterward, housing and care for such animals must be found. Historically, organizations such as shelters, humane societies, societies for the prevention of cruelty to animals, and rescue organizations have assisted law enforcement by providing care for such animals. Through their vital services, the animals are safe and the "evidence" in criminal trials is preserved. Such organizations have provided services often with little or no reimbursement.

The financial burden of caring for many animals, often for lengthy periods of time, is forcing some organizations to decline assisting law enforcement, refusing to place seized animals. Where there is no organization to care for seized animals, law enforcement is less likely to conduct seizures and animals remain in abusive situations and conditions.

Although New York'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 and courts sometimes do not require it, even when the requisite burden of proof has been met. Impounding organizations, currently, must file a petition to obtain a security posting. Often, however, they do not have legal counsel and are unaware that they have the option to seek a security posting.

By requiring courts to automatically hold a hearing to determine security postings when the state is bringing animal cruelty charges, it will be more likely that impounding organizations will be compensated for their services and will continue to provide places of care for abused animals.

Legislative history

Referred to Agriculture (S.3155 C.Johnson), 2009.

Fiscal implications

None to the state.

Effective date

The ninetieth day after it shall have become a law.