What's happening
This bill amends procedures for requiring defendants in animal cruelty cases to post security for animal care costs, especially when issued appearance tickets.
Why it matters
Clarifies timing for court petitions. The bill establishes when an impounding organization can ask the court to require a defendant to post security for animal care costs, specifically allowing petitions immediately after an appearance ticket is issued (not just after arraignment), which can speed up the process of securing funds for the animal’s care.
Improves notice and due process for defendants. New provisions specify how defendants are to be served with petitions and allow for assignment of counsel for indigent defendants at the petition stage (if they don’t already have a lawyer at arraignment), which could better protect defendants’ rights early in the process.
Ensures financial responsibility for animal care. By making it clear the defendant may be required to pay for reasonable costs (medical, boarding, etc.) as soon as charges are pending, the bill aims to relieve shelters of financial burdens and may deter defendants from delaying proceedings to avoid costs.
Clarifies who can be required to post security. The amended language defines "defendant" as the person against whom criminal charges are pending, rather than just the person from whom the animal was seized, potentially closing loopholes and ensuring the right party is held financially responsible.
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Who cares
Headline styles
Clarify Animal Seizure Court Venue
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to domestic animal welfare
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.199
- 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.
Clarify Petition Venue for Animals
In Assembly Committee · Agriculture · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3707
2019-2020 Regular Sessions
IN SENATE
February 13, 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 the posting of security by a person against whom certain criminal charges are pending
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph a and subparagraph 1 of paragraph b 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 subparagraph 1 of paragraph b as amended by chapter 531 of the laws of 2013, 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", may 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] against whom criminal charges are pending ("the defendant") be ordered to post a security. If the defendant is issued an appearance ticket, as defined in subdivision twenty-six of section 1.20 of the criminal procedure law, the petition may be filed upon the issuance of such appearance ticket or within a reasonable time thereafter. In all other circumstances, the petition may be filed upon arraignment of charges or within a reasonable time thereafter. 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 organ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09642-01-9
S. 3707 2
ization. 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.
(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. If the petition is filed after the issuance of an appearance ticket but prior to arraignment on charges, service may be effectuated by serving a true copy thereof personally upon the defendant, or by sending a true copy thereof by certified mail to the address of the defendant. 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] an ownership or pecuniary interest in the animal which is the subject of the petition. Provided, that, if a petition is filed after the issuance of an appearance ticket but prior to arraignment on charges, and the defendant does not have counsel at the time of arraignment, the court may assign counsel for purposes of the petition if such defendant is otherwise eligible for appointed counsel for the underlying criminal offense. 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] defendant violated a provision of this article. The court may waive for good cause shown the posting of security.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
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 the posting of security by a person against whom certain criminal charges are pending
Purpose
This bill seeks to improve the process for animal sheltering organiza- tions to responsibly meet the costs associated with caring for the victims of animal cruelty during a criminal investigation.
Summary of provisions
Section one amends section 373 of the agriculture and markets law to authorize an impounding organization, holding live animals as evidence on behalf of any political subdivision of government during a criminal investigation, to petition the court of jurisdiction for the posting of security upon the issuance of an appearance ticket under certain circum- stances, or within a reasonable time thereafter. This section also provides that service can be completed personally or through certified mail when a petition is filed after the issuance of an appearance tick- et, but prior to arraignment on charges. If a petition is filed after the issuance of an appearance ticket, but prior to arraignment on charg- es, if the defendant does not have counsel at the time of arraignment, the court may appoint counsel for purposes of the petition if such defendant is otherwise eligible for appointed counsel for the underlying criminal offense.
Read the full memo (668 words)
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 organ- ization to assist with providing this essential service.
Under current law, once cruelty or animal fighting charges are filed, it cany several months or even longer before the criminal case is resolved - either by a plea bargain or by.4riMinA 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 six to eight 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 upon 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. In doing so, it 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. This would greatly improve the process for animal shelters and the local governments they serve to responsibly meet the costs associated withcaring 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
A.7969-A of 2015 and 2016, referred to agriculture.
Same as S. 5727-A, referred to agriculture in 2015 and advanced to a third reading in 2016.
Fiscal implications
None
Effective date
On the ninetieth day after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.