S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5678
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
   -- M. of A.  AUBRY, COOK, DINOWITZ, RIVERA -- read once  and  referred
   to the Committee on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to author-
   izing district attorneys to petition for the posting of  security  for
   the care of impounded animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a and c 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 paragraph c as amended by chapter 256 of  the  laws
 of 1997, 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", OR THE DISTRICT  ATTORNEY  PROSECUTING
 THE  CHARGES  OR  ANY  AGENT THEREOF, ACTING ON BEHALF OF THE IMPOUNDING
 ORGANIZATION, may AT OR AFTER ARRAIGNMENT ON THE CHARGES, file  a  peti-
 tion 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09718-01-9

 A. 5678                             2
 
 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.
   c.  In no event shall the security prevent the impounding organization
 having custody and care of the  animal  from  disposing  of  the  animal
 pursuant  to section three hundred seventy-four of this article prior to
 the expiration of the thirty day period covered by the security  if  the
 court  makes a determination of the charges against the person from whom
 the animal was seized prior thereto. Upon receipt of  a  petition  [from
 the impounding organization] PURSUANT TO THIS SUBDIVISION, the court may
 order  the  person  from  whom the animal was seized or the owner of the
 animal to post an additional security with the clerk  of  the  court  to
 secure  payment  of reasonable expenses for an additional period of time
 pending a determination by the court of the charges against  the  person
 from  whom  the  animal  was  seized. The person who posted the security
 shall be entitled to a refund of the security in whole or part  for  any
 expenses  not incurred by such impounding organization upon adjudication
 of the charges. The person who posted the security shall be entitled  to
 a full refund of the security, including reimbursement by the impounding
 organization  of any amount allowed by the court to be expended, and the
 return of the animal seized and impounded upon acquittal or dismissal of
 the charges, except where the dismissal is based upon an adjournment  in
 contemplation  of  dismissal  pursuant to section 215.30 of the criminal
 procedure law. The court order directing such refund  and  reimbursement
 shall  provide  for payment to be made within a reasonable time from the
 acquittal or dismissal of charges.
   § 2. Subparagraph 1 of paragraph b of subdivision 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:
   (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, WHERE
 THE PETITIONER IS NOT THE DISTRICT ATTORNEY, UPON 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.
   § 3. This act shall take effect immediately.