NY State Senate Bill 2017-S4796

Senate Bill S4796

Signed By Governor

2017-2018 Legislative Session

Relates to the proper venue for an impounding organization to file a petition for a security

download bill text pdf

Archive: Last Bill Status Via A62 - Signed by Governor

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
Oct 01, 2018	signed chap.289
Sep 19, 2018	delivered to governor
Apr 30, 2018	returned to assembly passed senate 3rd reading cal.494 substituted for s4796a
Apr 30, 2018	substituted by a62a
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal.
Feb 13, 2018	1st report cal.494
Jan 03, 2018	referred to agriculture
Jun 21, 2017	committed to rules
Jun 05, 2017	amended on third reading (t) 4796a
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.938
Mar 01, 2017	referred to agriculture

Votes

- Apr 30, 2018 - Floor Vote
  A62
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 30, 2018
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Feb 13, 2018 - Agriculture Committee Vote
  S4796
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Feb 13, 2018
      
      aye (11)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
  May 16, 2017 - Agriculture Committee Vote
  S4796
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 16, 2017
      
      aye (10)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

2017-S4796 - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5727
2019-2020: S3707

2017-S4796 - Summary

Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

2017-S4796 - Sponsor Memo

                                 BILL NUMBER:  S4796

 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 :

2016: S.5727 - 3rd Reading Calendar / A.7969 - Referred to
Agriculture.
2015: S.5727 - Referred to Agriculture / A.7969 - Referred to
Agriculture.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days after enactment.

2017-S4796 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06444-01-7

 S. 4796                             2
 
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2017-S4796A (ACTIVE) - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §373, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5727
2019-2020: S3707

2017-S4796A (ACTIVE) - Summary

Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.

2017-S4796A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4796A             Revised 1/19/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to the proper venue for an impounding organization to file a
petition for a security

 
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
allow an impounding organization that is holding live animals as
evidence during a criminal investigation to petition the court in which
criminal charges have been filed for the posting of a security, upon the
arraignment of charges or within a reasonable time thereafter.

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, impounding organizations holding these animals may
petition the court for the posting of a security. This legislation will
clarify that such a petition may be filed with the court in which crimi-
nal charges have been filed.

While in many parts of the state it is common practice for this petition
to be filed in the court in which criminal charges are filed, there are
many smaller jurisdictions in which the same court hears both civil and
criminal cases. The issue of whether the criminal court has jurisdiction
to hear the petition for a security posting has arisen multiple times in
courts throughout New York City, and other jurisdictions as well. Judges
have questioned their authority to hear these petitions, and the issue
has also been raised by defense attorneys in opposition to these
petitions. Each time this happens, the impounding organization that
brought the petition must submit filings arguing that the court does, in
fact, have jurisdiction.

Impounding organizations are almost always successful in countering any
jurisdictional challenges and criminal courts will move forward with the
proceeding. However, each time these challenges are raised, there is a
delay in advancing with the hearing on the security request for weeks,
sometimes months, while the issue is ultimately decided by the court.

This legislation will help to resolve one issue that can create signif-
icant time lags, cost shelters money, and compromise animal health and
well-being. Clarifying that an impounding organization may file a peti-
tion for a security posting with the court in which criminal charges
have been filed will help to streamline the process for organizations
seeking a security and will also help to avoid unnecessary jurisdic-
tional challenges.

 
LEGISLATIVE HISTORY:

2017: S.4796A - Died on Third Reading Calendar / A.62A - Passed Assembly
2016: S.5727A - Died on Third Reading Calendar / A.7969A - Referred to
Agriculture
2015: S.5727 - Referred to Agriculture / A.7969 - Referred to Agricul-
ture

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2017-S4796A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4796--A
     Cal. No. 938
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Agriculture  --  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
   proper venue for an impounding organization to file a petition  for  a
   security
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 6 of section 373 of the agricul-
 ture 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 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 thirty days. The amount  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06444-07-7

 S. 4796--A                          2
 
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S4796

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Sponsored By

Andrew J. Lanza