Strengthen Animal Cruelty Laws

Section 1. Section 350 of the agriculture and markets law, as added by chapter 1047 of the laws of 1965, subdivision 3 as added by chapter 619 of the laws of 1987, subdivision 4 as added by chapter 569 of the laws of 1995, subdivision 5 as amended by chapter 118 of the laws of 1999, is amended to read as follows:

§ 350. Definitions. 1. "Animal[,]", as used in this article, includes every living creature except a human being;

2. ["Torture" or "cruelty"] "Cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted and shall include but not be limited to, any act of overdriving, overloading, injuring, maiming, mutilating or killing an animal.

2-a. "Torture" means conduct that is intended to cause extreme physical pain.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02053-03-8

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3. "Adoption" means the delivery [to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog or cat, seized or surrendered] of any animal forfeited, seized or surrendered, to any natural person eighteen years of age or older, for the purpose of that person permanently harboring such animal as a pet.

4. "Farm animal", as used in this article, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in section 11-1907 of the environmental conservation law, which are raised for commercial or subsistence purposes. Fur-bearing animal, as referenced in this article, shall not include dogs or cats.

5. "Companion animal" or "pet" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. ["Pet" or "companion] "Companion animal" or "pet" shall not include a "farm animal" as defined in this section.

6. "Animal cruelty offense" means any violation of this article or of article two hundred eighty of the penal law, or any other unlawful act by which harm is intentionally, knowingly, recklessly or negligently caused or permitted to occur to an animal.

7. "Duly incorporated society for the prevention of cruelty to animals", as used in this article, shall mean a corporation constituted pursuant to the provisions of subdivision (g) of section four hundred four and section fourteen hundred three of the not-for-profit corporation law.

§ 2. Sections 351, 353, 353-a, 353-b, 353-d, 355, 360, 361 and 362 of the agriculture and markets law are REPEALED.

§ 3. Section 365 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to read as follows:

§ 365. Clipping or cutting the ears of dogs. 1. Whoever clips or cuts off or causes or procures another to clip or cut off the whole or any part of an ear of any dog unless an anaesthetic shall have been given to the dog and the operation performed by a licensed veterinarian, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than one thousand dollars, or by both.

2. [The provisions of this section shall not apply to any dog or person who is the owner or possessor of any dog whose ear or a part thereof has been clipped or cut off prior to September first, nineteen hundred twenty-nine.

3.] Each applicant for a dog license must state on such application whether any ear of the dog for which he applies for such license has been cut off wholly or in part.

[4.] 3. Nothing herein contained shall be construed as preventing any dog whose ear or ears shall have been clipped or cut off wholly or in part, not in violation of this section, from being imported into the state exclusively for breeding purposes.

§ 4. Section 369 of the agriculture and markets law, as amended by chapter 458 of the laws of 1985, is amended to read as follows:

§ 369. Interference with officers. Any person who shall interfere with or obstruct any constable or police officer or any officer or agent of any duly incorporated society for the prevention of cruelty to animals in the discharge of his duty to enforce the laws relating to animals, including those provisions contained in article two hundred eighty of the penal law, shall be guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

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§ 5. Section 371 of the agriculture and markets law, as amended by chapter 573 of the laws of 1978, is amended to read as follows:

§ 371. Powers of peace officers. A constable or police officer must, and any agent or officer of any duly incorporated society for the prevention of cruelty to animals may issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, summon or arrest, and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this article [twenty-six of the agriculture and markets law] or any provisions of article two hundred eighty of the penal law. Any officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his or her presence. Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken.

§ 6. Subdivision 6 of section 373 of the agriculture and markets law, as amended by chapter 256 of the laws of 1997, paragraph a and subparagraph 1 of paragraph b as amended by chapter 531 of the laws of 2013, subparagraph 2 of paragraph b as amended by section 24 of part T of chapter 59 of the laws of 2010, is amended to read as follows:

6. a. If any animal is seized [and] or impounded pursuant to the provisions of this section, [section three hundred fifty-three-d of this article] or section three hundred seventy-five of this article, or pursuant to the provisions of article six hundred ninety of the criminal procedure law, for any violation of this article, any violation of article two hundred eighty of the penal law or in connection with the arrest for an animal cruelty offense, then, upon arraignment of charges, or within a reasonable time thereafter, [the] a duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, sheriff, municipal police department, district attorney or any authorized agents thereof, hereinafter referred to for the purposes of this section as the "impounding organization", may file a petition with the court requesting that the person from whom an animal is seized or the owner of the animal be ordered to post a security. 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. The security shall be in an amount sufficient to secure payment for all reasonable expenses expected to be incurred by the impounding organization in caring and providing for the animal pending disposition of the charges. Reasonable expenses shall include, but not be limited to, estimated medical care and boarding of the animal for at least thirty days. The amount of the security, if any, shall be determined by the court after taking into consideration all of the facts and circumstances of the case including, but not limited to the recommendation of the impounding organization having custody and care of the seized animal and the cost of caring for the animal. If a security has been posted in accordance with this section, the impounding organization may draw from the security the actual reasonable costs to be incurred by such organization in caring for the seized animal.

b. (1) Upon receipt of a petition pursuant to paragraph a of this subdivision the court shall set a hearing on the petition to be conducted within ten business days of the filing of such petition. The petitioner shall serve a true copy of the petition upon the defendant and the district attorney if the district attorney has not filed the petition on behalf of the petitioner. The petitioner shall also serve a

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true copy of the petition on any interested person. For purposes of this subdivision, interested person shall mean an individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity who the court determines may have a pecuniary interest in the animal which is the subject of the petition. The petitioner or the district attorney acting on behalf of the petitioner, shall have the burden of proving by a preponderance of the evidence that the person from whom the animal was seized violated a provision of this article. The court may waive for good cause shown the posting of security.

(2) If the court orders the posting of a security, the security shall be posted with the clerk of the court within five business days of the hearing provided for in subparagraph one of this paragraph. The court may order the immediate forfeiture of the seized animal to the impounding organization if the person ordered to post the security fails to do so. Any animal forfeited shall be made available for adoption or euthanized subject to subdivision seven-a of section one hundred seventeen of this chapter or section three hundred seventy-four of this article.

(3) In the case of an animal other than a companion animal or pet, if a person ordered to post security fails to do so, the court may, in addition to the forfeiture to [a duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter or any authorized agents thereof] the impounding organization, and subject to the restrictions of sections three hundred fifty-four, three hundred fifty-seven and three hundred seventy-four of this article, order the animal which was the basis of the order to be sold, provided that all interested persons shall first be provided the opportunity to redeem their interest in the animal and to purchase the interest of the person ordered to post security, subject to such conditions as the court deems appropriate to assure proper care and treatment of the animal. The court may reimburse the person ordered to post security and any interested persons any money earned by the sale of the animal less any costs including, but not limited to, veterinary and custodial care. Any animal determined by the court to be maimed, diseased, disabled or infirm so as to be unfit for sale or any useful purpose shall be forfeited to [a duly incorporated society for the prevention of cruelty to animals or a duly incorporated humane society] the impounding organization or authorized agents thereof, and be available for adoption or shall be euthanized subject to section three hundred seventy-four of this article.

(4) Nothing in this section shall be construed to limit or restrict in any way the rights of a secured party having a security interest in any animal described in this section. This section expressly does not impair or subordinate the rights of such a secured lender having a security interest in the animal or in the proceeds from the sale of such animal.

c. In no event shall the security prevent the impounding organization having custody and care of the animal from disposing of the animal pursuant to section three hundred seventy-four of this article prior to the expiration of the thirty day period covered by the security if the court makes a determination of the charges against the person from whom the animal was seized prior thereto. Upon receipt of a petition from the impounding organization, the court may order the person from whom the animal was seized or the owner of the animal to post an additional security with the clerk of the court to secure payment of reasonable expenses for an additional period of time pending a determination by the court of the charges against the person from whom the animal was seized. The person who posted the security shall be entitled to a refund of the security in whole or part for any expenses not incurred by such impound-

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ing organization upon adjudication of the charges. The person who posted the security shall be entitled to a full refund of the security, including reimbursement by the impounding organization of any amount allowed by the court to be expended, and the return of the animal seized and impounded upon acquittal or dismissal of the charges, except where the dismissal is based upon an adjournment in contemplation of dismissal pursuant to section 215.30 of the criminal procedure law. The court order directing such refund and reimbursement shall provide for payment to be made within a reasonable time from the acquittal or dismissal of charges.

§ 7. Subdivision 8 of section 374 of the agriculture and markets law is REPEALED.

§ 8. Section 380 of the agriculture and markets law, as added by chapter 470 of the laws of 2017, is renumbered section 381 and a new section 382 is added to read as follows:

§ 382. Special sentencing provisions. In addition to any other penalty provided by law, a court may impose the following sentences upon a conviction for any animal cruelty offense: