Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal

Section two provides the effective date.

Justification

Not-for-profit humane societies, societies for the prevention of cruelty to animals and other sheltering organizations are often left to care for the victims of animal abuse when such animals are seized from their alleged abusers. The security posting process in current law plays an essential role in helping to cover the significant costs associated with caring for these victims by authorizing courts to require the accused to place funds in an account that can be accessed by the sheltering organization to assist with providing this essential service.

Under current law, once cruelty or animal fighting charges are filed, it can be several months or even longer before the criminal case is resolved - either by a plea bargain or by criminal trial. Depending upon the specifics of the case and the jurisdiction, arraignment may not occur for several days, several weeks, or in many cases much longer. In New York City, for example, the typical wait for an arraignment to occur is at least 6 to 8 weeks after the issuance of an appearance ticket. This creates a clear and serious delay in the ability to petition the court for security, thereby placing the financial burden of caring for such animals squarely on the backs of the impounding organization until arraignment occurs.

This legislation would authorize the security posting petition to be filed upon the issuance of an appearance ticket or within a reasonable time thereafter. It would not affect or confuse the current petition process where an alleged abuser is brought into physical custody. The proposal would also provide much-needed clarification for certain jurisdictions (New York City in particular) that that the petition shall be filed in the criminal court that will hear the pending cruelty case.

Further, this legislation will benefit not just the impounding organization and the seized animals but also the defendant, who will be assured prompter access to the judicial forum to ensure retention of his animals while criminal charges are resolved. Taken together, these measures would greatly improve the process for animal shelters and the local governments they serve to responsibly meet the costs associated with caring for the victims of animal cruelty.

Unable to shoulder the costs associated with caring for these animals alone, many shelters are forced to limit the assistance they can offer. This creates an obstacle to effective enforcement of cruelty and anti-fighting laws, which are serious misdemeanor and felony-level crimes in New York State. If there is no place for the seized animals to go, law enforcement often has little choice but to weigh against seizing them in the first place, an outcome that must be avoided wherever possible.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.