Relates to the seizure of animals

Summary of provisions

Section 1 amends section 373 of the agriculture and markets law to provide greater protections to animals in the custody or control of persons charged with animal abuse.

First, this section provides that where any animal is seized from a person based on charges of animal abuse, the police officer, agent, or officer may take possession of any other animals in the custody or control of the person from whom the animal is seized. The person from whom such animals are seized may petition the court for the return of the seized animals. A hearing on such petition must be held within ten business days of such petition.

Second, this section provides that where any animal is seized and impounded pursuant to the provisions of this section, the duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof may file a petition with the court requesting that the person from whom an animal is seized be ordered to post a security. The security shall be an amount sufficient to pay for all reasonable expenses incurred since the date of seizure for all of the animals seized.

Lastly, this section provides that upon application to the court, until a final determination of the charges is made, any law enforcement officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its authorized agents, shall be authorized to make sporadic, unannounced visits to where the animal is being kept to ascertain if the animal is receiving the necessary care.

Section 2 states that this act shall take effect immediately, and shall be deemed to have been in full force and effect on and after March 18, 2014.

Justification

This bill provides greater protections to animals in the custody or control of persons charged with animal abuse. First, this bill provides that where a police officer, agent, or officer has a warrant to seize one animal from a person based upon animal abuse, they can also take possession of any other animals in the custody or control of the person from whom the original animal was seized. This is an important provision to protect other animals that are in the custody or control of an alleged animal abuser from also being abused. This bill also provides an opportunity for the animal owner to petition the court for the return of these animals if he or she can show by a preponderance of the evidence that there was no probable cause for the seizure of such animal.

Second, this bill makes important changes for how the duly incorporated society for the prevention of cruelty to animals, humane

society, pound, animal shelter, or any authorized agent thereof may get reimbursed for the shelter and care of seized and impounded animals. Under this bill, the security amount shall be sufficient to secure payment for all reasonable expenses incurred since the date of seizure and shall be paid for all of the animals seized pending disposition of the charges.

Lastly, where a person is charged with animal abuse without the removal of the animal from its existing location, this bill changes how a law enforcement officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its authorized agents may make visits to where the animal is being kept to ensure it is receiving proper care. Under current law, the officer must make regular, announced visits. This bill would change this to allow officers to make sporadic, unannounced visits to check on the well being of these animals. By authorizing officers to make unannounced visits, they will be able to ascertain whether the animal is being maltreated without giving advanced notice to the animal's owner.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after March 18, 2014.