S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3707
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 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, paragraph a as
 amended by chapter 289 of the laws of 2018 and subparagraph 1  of  para-
 graph  b  as  amended by chapter 531 of the laws of 2013, 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 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  been  filed  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09642-01-9

 S. 3707                             2
 
 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.