Authorizes DA on behalf of impounding organizations to file a petition seeking a security for the reasonable costs for caring for seized animals from individuals convicted of certain animal cruelty

Summary of specific 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 within a reasonable time after arraignment, the impounding organization may file a petition with the court requesting that the owner of the seized animal be ordered to post a security for the reasonable expenses. The district attorney prosecuting the charges may file and obtain the requested relief on behalf of the impounding organization if requested to do so by the impounding organization.

Section three amends paragraph b of subdivision 6 of section 373 of the agriculture and markets law, as amended by chapter 256 of the laws of 1997 by providing certain procedural changes regarding service and filing of papers. This section provides that the district attorney or the petitioner shall have the burden of proof.

Section four provides the effective date.

Justification

Often in cases of animal cruelty, animals are seized by a law enforce- ment agent and placed in the care of organizations such as shelters, humane societies, societies for the prevention of cruelty to animals (SPCA) and rescue organizations for the durations of criminal proceedings. Such organizations have provided costly services to house and care for these animals, often with little or no reimbursement.

The financial burden of caring for many animals, often for lengthy peri- ods of time, is forcing some organizations to stop assisting law enforcement with housing 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.

New York law gives courts discretion to require the defendant in an animal cruelty case to post a security with the court to cover the cost to the shelter for the animal's care. Especially if impounding organiza- tions must first petition the court to order the security posting, many impounding organizations do not have legal counsel and are unaware that they have the option to seek this reimbursement.

For example in 2010, 73 horses and over 50 cats were seized from an individual from Erie County. These animals were placed in the care of the Erie County SPCA in March of that year, but had to wait for 9 months until there was a hearing for the security to be set. By the time of the hearing in December 2010, the SPCA had spent about $600,000 caring for the horses alone. As of January 2013, the SPCA has spent $1.4 million and received approximately $300,000 from the defendant.

This bill seeks to ease the financial burden on impounding organizations that are caring for such animals. It requires that upon arraignment of charges or within a reasonable time after, the court holds a hearing to order the owner of the animal(s) to post a security to cover the reason- able costs of care for the animals from the time of seizure and impound- ment. For impounding organizations that lack the resources, the district attorney shall have the burden of proof of evidence, unless the impound- ing organization requests to do it on its own behalf.

Prior legislative history

A.9400, 2010 passed Assembly. A.3166 (Bradley), 2009 passed Assembly. Same as S.3155 (Johnson C.), 2010, 2009 referred to Agriculture Commit- tee. A.259, 2011 and 2012, passed Assembly. Same as S.3806 (Ball), 2011 reported and committed to Rules and 2012 referred to Agriculture.

Fiscal implication

None to the state.

Effective date

The ninetieth day after it shall have become a law.