What's happening
This bill allows district attorneys to petition for security payments to cover the care of animals seized in cruelty cases.
Why it matters
Gives district attorneys clear authority to act quickly. By allowing DAs to petition for security payments themselves (not just animal shelters), the bill can speed up the process of securing funds to care for animals seized in cruelty cases, which might otherwise be delayed if shelters lack resources or legal expertise.
Reduces financial burden on animal shelters. Many shelters struggle to cover the costs of caring for seized animals during lengthy court proceedings. This bill makes it easier to ensure that those costs are covered by the alleged offender, rather than falling entirely on shelters or taxpayers.
Could discourage prolonged legal delays by defendants. Knowing they may have to pay up front for animal care, alleged offenders might be less likely to use legal tactics that delay cases, potentially resulting in faster case resolutions and better animal welfare outcomes.
Strengthens animal welfare protections. By making it administratively easier and more likely that adequate resources are available for seized animals, the bill helps ensure animals are properly cared for during legal proceedings, reducing the risk of further neglect or suffering.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Make Abusers Pay Animal Care
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to domestic animal welfare
- Referred to domestic animal welfare
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Abusers Pay Animal Care
In Assembly Committee · Agriculture · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3413
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the agriculture and markets law, in relation to authorizing district attorneys to petition for the posting of security for the care of impounded animals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs a and c of subdivision 6 of section 373 of the agriculture and markets law, paragraph a as amended by chapter 289 of the laws of 2018 and paragraph c as amended by chapter 256 of the laws of 1997, are amended to read as follows:
a. If any animal is seized and 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 for any violation of this article, upon arraignment of charges, or within a reasonable time thereafter, the duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter or any authorized agents thereof, hereinafter referred to for the purposes of this section as the "impounding organization", or the district attorney prosecuting the charges or any agent thereof, acting on behalf of the impounding organization, may at or after arraignment on the charges, file a petition with the court in which criminal charges have been filed 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 thir-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09718-01-9
S. 3413 2
ty 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.
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] pursuant to this subdivision, 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 impounding 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.
§ 2. Subparagraph 1 of paragraph b of subdivision 6 of section 373 of the agriculture and markets law, as amended by chapter 531 of the laws of 2013, is amended to read as follows:
(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, where the petitioner is not the district attorney, upon the district attorney if the district attorney has not filed the petition on behalf of the petitioner. The petitioner shall also serve a 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.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to authorizing district attorneys to petition for the posting of security for the care of impounded animals
Purpose or general idea of bill
To cover the cost of animal care during criminal proceedings involving animal cruelty and expedite legal proceedings.
Summary of provisions
Paragraphs 6 (a), 6 (b) (1) and 6 (c) of Section 373 of the Agriculture and Markets Law are amended to allow district attorneys prosecuting animal cruelty cases to act as petitioner in seeking a court order to post security to cover the cost of animal care during criminal proceedings and clarifying that petitions for a security order may be filed at any time at or after arraignment.
Justification
Currently only the "impounding organization" itself is expressly author- ized to bring a petition, creating a substantial hardship for SPCA's and humane societies unschooled in the intricacies of criminal trial prac- tice. There is also a need to make clear that the petition for a securi- ty order may be filed at any time at or after arraignment (while the criminal charges are still pending). The current language is ambiguous at best, indicating that the petition may be brought upon arraignment, prompting some defendants and courts to assert that the petition is untimely if not filed at arraignment.
Prior legislative history
2005-06 A5421 passed assembly 2007-08 A1741 passed assembly 2009-10 A3765 passed assembly 2011-12 A4038 referred to agriculture 2013-14 A4656 referred to agriculture 2015-16 A2337 referred to agriculture
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.