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

                                 5113--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. PAULIN, COLTON, GLICK, JAFFEE, KAVANAGH, MARKEY,
  ROSENTHAL, SCHIMEL,  SCHIMMINGER,  ZEBROWSKI,  GIBSON,  OTIS,  MOSLEY,
  NOJAY  --  Multi-Sponsored  by  --  M. of A. CLARK, GABRYSZAK, HEVESI,
  HIKIND, LUPARDO, MAGEE, PERRY, SWEENEY, THIELE, TITONE, WEISENBERG  --
  read once and referred to the Committee on Agriculture -- reported and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the agriculture and markets law, in relation to orders
  of restitution in certain cases

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

  Section 1. Legislative purpose. Animal cruelty and animal fighting are
serious  crimes  in New York state. Because crimes against animals often
involve the seizure of the victimized animals, these cases  pose  unique
challenges  to  law  enforcement  agencies  throughout this state. These
challenges involve arranging for the housing and  care  of  the  animals
while the criminal case is pending. Private organizations, such as shel-
ters,  humane  societies  and societies for the prevention of cruelty to
animals have traditionally assisted law enforcement agencies by  provid-
ing  care  for  these  animals (which preserves the "evidence" seized in
criminal matters) with little or no reimbursement.
  It is imperative to the continued prosecution of animal cruelty  cases
that  these  private  organizations be reimbursed for the care that they
provide to these victimized  animals.  Many  private  organizations  are
declining  to  offer  assistance  in these cases because of the enormous
financial burden of caring for a large number of  animals  for  extended
time  periods  with no assurance of reimbursement for these services. If
there are no resources to care for the animals once they are seized, law
enforcement is less likely to conduct the seizures in the  first  place.
The  legislature  therefore  intends  to implement legislation that will

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07156-06-3
              

A. 5113--A                          2

improve the state's ability to ensure proper security and  reimbursement
for  impounding  organizations  providing care on behalf of the state of
abused animals.
  S  2.  Paragraph  a of subdivision 6 of section 373 of the agriculture
and markets law, as amended by chapter 586  of  the  laws  of  2008,  is
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
requesting that the person from whom an animal is seized or the owner of
the  animal  be  ordered to post a security. [The 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 suffi-
cient 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.
  S  3. Subparagraph 1 of paragraph b of subdivision 6 of section 373 of
the agriculture and markets law, as amended by chapter 256 of  the  laws
of 1997, is amended to read as follows:
  (1)  Upon receipt of a petition pursuant to paragraph a of this subdi-
vision 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 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.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.