NY State Senate Bill 2015-S5727A

Senate Bill S5727A

2015-2016 Legislative Session

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 09, 2016	amended on third reading (t) 5727a
May 16, 2016	advanced to third reading
May 11, 2016	2nd report cal.
May 10, 2016	1st report cal.756
Jan 06, 2016	referred to agriculture
Jun 01, 2015	referred to agriculture

Votes

- May 10, 2016 - Agriculture Committee Vote
  S5727A
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 10, 2016
      
      aye (11)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Montgomery
      
      excused (1)
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S5727 - Details

See Assembly Version of this Bill:: A7969
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4796, A62
2019-2020: S3707, A5552
2021-2022: A4986
2023-2024: A1121

2015-S5727 - Summary

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.

2015-S5727 - Sponsor Memo

                                BILL NUMBER:S5727

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to the posting of security by a person from whom an animal is
seized and impounded

PURPOSE:

This bill seeks to improve the process for animal sheltering
organizations to responsibly meet the costs associated with caring for
the victims of animal cruelty during a criminal investigation.

SUMMARY OF PROVISIONS:

This measure would amend AML Section 373 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 circumstances, or
within a reasonable time thereafter.

The proposal would also provide much-needed clarification for certain
jurisdictions that that the petition shall be filed in the criminal
court that will hear the pending cruelty case, and assure alleged
abusers prompter access to the judicial forum, ensuring retention of
their animals while criminal charges are resolved.

JUSTIFICATION:

Most often, not-for-profit humane societies, societies for the
prevention of cruelty to animals and other sheltering organizations
care for the victims of animal abuse when they 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 such victims by authorizing courts to require the
accused to place funds in an account that can be accessed by the
sheltering organization to assist with providing this essential
service.

This law, enacted decades ago, acknowledges that once cruelty or
animal fighting charges are filed, it can be several months or even
longer before the criminal case is resolved - either by a plea bargain
or by criminal trial. Indeed, the organizations that take on the care
of these animals for local governments often face daunting financial
hardship in caring for these victims, and the fiscal burden is
particularly acute when a case involves seizure of large numbers of
animals (in a dog fighting case, for example). Unlike other types of
evidence, these are living, sentient beings that require food, water,
veterinary care and other services. However, deficiencies in the
current law can inhibit the ability to truly fulfill its spirit by
impeding the manner in which sheltering organizations can meet this
duty.

Under existing law, the impounding organization in such cases - or a
district attorney acting on its behalf - may petition the court of
jurisdiction to require the accused to post security in an amount
sufficient meet all reasonable expenses expected to be incurred for


caring and providing for seized animals pending disposition of the
cruelty charges. Unfortunately, the law only allows such petition to
be filed "upon arraignment or within a reasonable time thereafter,"
which is not a problem if the person charged is taken into custody,
whereby they are arraigned within a short timeframe (typically 24
hours). However, many times when animals are seized in such cases, an
appearance ticket is issued instead, leaving the arraignment period
open-ended and at the discretion of law enforcement and the court.

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 6 to 8 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 on the backs of
the impounding organization until arraignment occurs.

With that in mind, this measure 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. The proposal would also provide much-needed
clarification for certain jurisdictions (New York City in particular)
that that the petition shall be filed in the criminal court that will
hear the pending cruelty case.

These amendments will in fact 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. Taken together,
these measures would greatly improve the process for animal shelters
and the local governments they serve to responsibly meet the costs
associated with caring for the victims of animal cruelty.

Unable to shoulder these costs alone, many shelters are forced to
limit the assistance they can offer, which in turn creates an obstacle
to effective enforcement of cruelty and anti-fighting laws - 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:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after enactment.

2015-S5727 - Bill Text download pdf

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

                                  5727

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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  the
  posting  of  security  by  a  person from whom an animal is seized and
  impounded

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

  Section  1.  Paragraph a and subparagraph 1 of paragraph b of subdivi-
sion 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:
  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  OR  WILL BE BROUGHT, requesting that the
person from whom an animal is seized or  the  owner  of  the  animal  be
ordered  to post a security. IF THE PERSON FROM WHOM AN ANIMAL IS SEIZED
OR THE OWNER OF THE ANIMAL 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10798-01-5

S. 5727                             2

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  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] PERSON FROM
WHOM  THE  ANIMAL  IS SEIZED OR THE OWNER OF THE ANIMAL 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 PERSON
FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF THE ANIMAL, OR BY  SEND-
ING  A  TRUE COPY THEREOF BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF
THE PERSON FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF  THE  ANIMAL.
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, corpo-
ration,  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.  PROVIDED, THAT, IF A PETITION IS FILED AFTER
THE ISSUANCE OF AN APPEARANCE TICKET BUT PRIOR TO ARRAIGNMENT ON  CHARG-
ES,  AND  THE PERSON FROM WHOM THE ANIMAL WAS SEIZED OR THE OWNER OF THE
ANIMAL DOES NOT HAVE COUNSEL AT THE TIME OF ARRAIGNMENT, THE  COURT  MAY
ASSIGN  COUNSEL  FOR PURPOSES OF THE PETITION IF SUCH PERSON OR OWNER 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 OR THE OWNER OF
THE ANIMAL violated a provision of this article. The court may waive for
good cause shown the posting of security.   IF,  UPON  PROOF  OF  PROPER
SERVICE  PURSUANT  TO THIS SUBPARAGRAPH, THE PERSON FROM WHOM THE ANIMAL
WAS SEIZED OR THE OWNER OF THE ANIMAL FAILS TO APPEAR BEFORE  THE  COURT
ON  THE  DATE  OF  THE  HEARING,  SUCH  HEARING MAY BE CONDUCTED IN SUCH
PERSON'S OR OWNER'S ABSENCE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2015-S5727A (ACTIVE) - Details

See Assembly Version of this Bill:: A7969
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4796, A62
2019-2020: S3707, A5552
2021-2022: A4986
2023-2024: A1121

2015-S5727A (ACTIVE) - Summary

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.

2015-S5727A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5727A

 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
organizations 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
circumstances, 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 ticket, but prior to arraignment on charges. If a petition
is filed after the issuance of an appearance ticket, but prior to

arraignment on charges, 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.

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 organization to assist with providing this essential
service.

Under current law, once cruelty or animal fighting charges are filed,
it can be several months or even longer before the criminal case is
resolved - either by a plea bargain or by criminal 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 6 to 8 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 on the backs of
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. The
proposal would also provide much-needed clarification for certain
jurisdictions (New York City in particular) that that the petition
shall be filed in the criminal court that will hear the pending
cruelty case.

Further, this legislation 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. Taken together,
these measures would greatly improve the process for animal shelters
and the local governments they serve to responsibly meet the costs
associated with caring 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 :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S5727A (ACTIVE) - Bill Text download pdf

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

                                 5727--A
    Cal. No. 756

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture -- recommitted to the Committee on Agriculture in accordance with
  Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a and subparagraph 1 of paragraph b  of  subdivi-
sion  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:
  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 author-
ized 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 OR WILL BE BROUGHT, 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 PROCE-
DURE LAW, THE PETITION MAY BE FILED UPON THE ISSUANCE OF SUCH APPEARANCE
TICKET  OR  WITHIN  A  REASONABLE  TIME THEREAFTER. IN ALL OTHER CIRCUM-
STANCES, THE PETITION MAY BE FILED UPON ARRAIGNMENT OF CHARGES OR WITHIN

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

                                                           LBD10798-05-6

S. 5727--A                          2

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-
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 thir-
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  organ-
ization in caring for the seized animal.
  (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.  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 securi-
ty.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S5727A

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

Jose M. Serrano

2015-S5727 - Details

2015-S5727 - Summary

2015-S5727 - Sponsor Memo

2015-S5727 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Jose M. Serrano

2015-S5727A (ACTIVE) - Details

2015-S5727A (ACTIVE) - Summary

2015-S5727A (ACTIVE) - Sponsor Memo

2015-S5727A (ACTIVE) - Bill Text download pdf

Comments