S T A T E   O F   N E W   Y O R K
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                                  7771

                            I N  S E N A T E

                               May 7, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  compan-
  ion animal hoarding

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Legislative  intent.  Across  the  country,  there  is  an
increasing  incidence  of cases where large numbers of companion animals
are seized from individuals who lack the ability to  provide  them  with
the  basics  of  life - clean place to live, adequate food and water and
necessary veterinary care. The living conditions in many of these  cases
are  not just marginal - frequently they fall well below accepted stand-
ards for either companion animals or human beings. Severe  overcrowding,
excessive  feces, dirt, garbage, dangerous levels of ammonia from urine-
saturated surfaces, animals that plainly suffer from  parasite  infesta-
tion,  upper  respiratory  infections,  and other ailments and owners or
custodians that neither fully recognize nor are capable of remedying the
situation.
  Sadly, these companion animal "hoarding"  cases  are  also  frequently
accompanied  by  self  neglect and neglect of other people living in the
household - particularly children and the elderly. When  authorities  do
intervene,  the  cost - in terms of both animal suffering and government
expenditure - is substantial. Animals removed from  hoarding  situations
are  often  too debilitated, sick or injured to be helped. When they are
able to be rehabilitated, the cost of housing, food and veterinary  care
can be extremely high.
  States  around the country are responding to companion animal hoarding
with legislation that gives law enforcement the tools it needs for early
intervention - before the situation becomes a full-blown  cruelty  case.
This  legislation defines companion animal hoarding, makes provision for
seizure of animals and requires that those deemed hoarders are evaluated
to determine whether they can receive services to assist them with their
problem. Provision is made for covering the cost of caring  for  animals
seized  in  hoarding  cases  and  to  ensure that those determined to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00685-02-0

S. 7771                             2

hoarders do not have custody of companion animals for a period  of  time
that the sentencing court deems reasonable and appropriate.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 353-e to read as follows:
  S 353-E. COMPANION ANIMAL HOARDING. 1. A PERSON IS GUILTY OF COMPANION
ANIMAL HOARDING WHEN HE OR SHE OWNS, POSSESSES, OR HAS CUSTODY  OF  MORE
COMPANION  ANIMALS  THAN HE OR SHE CAN PROPERLY CARE FOR AS EVIDENCED BY
OWNERSHIP, POSSESSION OR CUSTODY  OF  MORE  THAN  TWENTY-FIVE  COMPANION
ANIMALS  LIVING  IN  CONDITIONS THAT ARE LIKELY TO JEOPARDIZE THE HEALTH
AND WELL BEING OF THE ANIMALS AND/OR HUMAN BEINGS LIVING IN  THE  HOUSE-
HOLD AS EVIDENCED BY:
  (A)  KEEPING  THE  COMPANION  ANIMALS IN A SEVERELY OVERCROWDED LIVING
ENVIRONMENT LIKELY TO ENDANGER THEIR HEALTH OR SAFETY;
  (B) FAILURE BY THE PERSON WHO OWNS, POSSESSES OR HAS  CUSTODY  OF  THE
COMPANION  ANIMALS  TO MAINTAIN HIS OR HER LIVING ENVIRONMENT IN A SANI-
TARY CONDITION SUCH AS TO POSE A SERIOUS RISK TO THE HEALTH OR SAFETY OF
THE COMPANION ANIMALS AND/OR PEOPLE LIVING IN THAT ENVIRONMENT.  FAILURE
TO  PROVIDE  A SUFFICIENTLY SANITARY LIVING ENVIRONMENT MAY BE EVIDENCED
BY CONDITIONS SUCH AS EXCESSIVE FECES, URINE, DIRT, GARBAGE OR A LACK OF
BASIC SERVICES THAT MAKE A HOME  HABITABLE  SUCH  AS  HEAT,  HOT  WATER,
VENTILATION OR ELECTRICITY; AND
  (C)  THE  PRESENCE  OF  COMPANION ANIMALS THAT, WITHOUT JUSTIFICATION,
HAVE NOT RECEIVED NECESSARY VETERINARY  TREATMENT  WITHIN  A  REASONABLE
PERIOD OF TIME.
  2.  IN  ADDITION  TO ANY OTHER PENALTY IMPOSED FOR A VIOLATION OF THIS
SECTION, THE COURT SHALL ORDER THE DEFENDANT TO UNDERGO A MENTAL  HEALTH
EVALUATION  BY  A QUALIFIED PROFESSIONAL SELECTED BY THE COURT. WITH DUE
CONSIDERATION TO THE FINDINGS OF SUCH MENTAL  HEALTH  PROFESSIONAL,  THE
COURT  MAY  ORDER  THAT  THE  DEFENDANT UNDERGO AND COMPLETE A COURSE OF
TREATMENT, THERAPY AND/OR COUNSELING. ALSO WITH DUE CONSIDERATION TO THE
FINDINGS OF SUCH MENTAL HEALTH PROFESSIONAL, THE COURT  MAY  ALSO  ORDER
THAT  THE  DEFENDANT  BE  PROHIBITED FROM OWNING COMPANION ANIMALS FOR A
PERIOD OF TIME  DEEMED  REASONABLE  BY  THE  COURT.  THE  PROVISIONS  OF
SECTIONS  THREE  HUNDRED  SEVENTY-ONE,  THREE HUNDRED SEVENTY-TWO, THREE
HUNDRED SEVENTY-THREE AND THREE HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE
SHALL APPLY TO VIOLATIONS OF THIS SECTION.
  3.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER  PROVISION  OF
THIS ARTICLE.
  S  3.  Paragraph  a of subdivision 8 of section 374 of the agriculture
and markets law, as amended by chapter 594 of the laws of 2003 and  such
subdivision as renumbered by chapter 479 of the laws of 2009, is amended
to read as follows:
  a.  In  addition to any other penalty provided by law, upon conviction
for any violation of section  three  hundred  fifty-one,  three  hundred
fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
THREE HUNDRED FIFTY-THREE-E, three  hundred  fifty-five,  three  hundred
fifty-six,  three hundred fifty-nine, three hundred sixty, three hundred
sixty-one, three hundred sixty-five or three hundred sixty-eight of this
article, the convicted person may, after a duly held hearing pursuant to
paragraph f of this subdivision, be ordered by the court to forfeit,  to
a  duly incorporated society for the prevention of cruelty to animals or
a duly incorporated humane society or  authorized  agents  thereof,  the
animal  or  animals  which are the basis of the conviction. Upon such an
order of forfeiture, the convicted person shall be deemed to have relin-

S. 7771                             3

quished all rights to the animals which are the basis of the conviction,
except those granted in paragraph d of this subdivision.
  S  4.  This  act  shall  take  effect on the same date and in the same
manner as chapter 479 of the laws of 2009, takes effect.