S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1229
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK,
   ENGLEBRIGHT, LUPARDO -- read once and referred  to  the  Committee  on
   Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to compan-
   ion animal hoarding
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  Across  the  country,  there  is an
 increasing incidence of cases where large numbers of  companion  animals
 are  seized  from  individuals who lack the ability to provide them with
 the basics of life - clean place to live, adequate food  and  water  and
 necessary  veterinary care. The living conditions in many of these cases
 are not just marginal - frequently they fall well below accepted  stand-
 ards  for either companion animals or human beings. Severe overcrowding,
 excessive feces, dirt, garbage, dangerous levels of ammonia from  urine-
 saturated  surfaces,  animals that plainly suffer from parasite infesta-
 tion, upper respiratory infections, and other  ailments  and  owners  or
 custodians that neither fully recognize nor are capable of remedying the
 situation.
   Sadly,  these  companion  animal  "hoarding" cases are also frequently
 accompanied by self neglect and neglect of other people  living  in  the
 household  -  particularly children and the elderly. When authorities do
 intervene, the cost - in terms of both animal suffering  and  government
 expenditure  -  is substantial. Animals removed from hoarding situations
 are often too debilitated, sick or injured to be helped. When  they  are
 able  to be rehabilitated, the cost of housing, food and veterinary care
 can be extremely high.
   States around the country are responding to companion animal  hoarding
 with legislation that gives law enforcement the tools it needs for early
 intervention  -  before the situation becomes a full-blown cruelty case.
 This legislation defines companion animal hoarding, makes provision  for

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

                                                            LBD01479-01-1

 A. 1229                             2
 
 seizure of animals and requires that those deemed hoarders are evaluated
 to determine whether they can receive services to assist them with their
 problem.  Provision  is made for covering the cost of caring for animals
 seized  in  hoarding  cases  and  to  ensure that those determined to be
 hoarders do not have custody of companion animals for a period  of  time
 that the sentencing court deems reasonable and appropriate.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 353-g to read as follows:
   § 353-G. COMPANION ANIMAL HOARDING. 1. A PERSON IS GUILTY OF COMPANION
 ANIMAL HOARDING WHEN HE OR SHE OWNS, POSSESSES, OR HAS CUSTODY  OF  MORE
 COMPANION  ANIMALS  THAN HE OR SHE CAN PROPERLY CARE FOR AS EVIDENCED BY
 OWNERSHIP, POSSESSION OR CUSTODY  OF  MORE  THAN  TWENTY-FIVE  COMPANION
 ANIMALS  LIVING  IN  CONDITIONS THAT ARE LIKELY TO JEOPARDIZE THE HEALTH
 AND WELL BEING OF THE ANIMALS AND/OR HUMAN BEINGS LIVING IN  THE  HOUSE-
 HOLD AS EVIDENCED BY:
   (A)  KEEPING  THE  COMPANION  ANIMALS IN A SEVERELY OVERCROWDED LIVING
 ENVIRONMENT LIKELY TO ENDANGER THEIR HEALTH OR SAFETY;
   (B) FAILURE BY THE PERSON WHO OWNS, POSSESSES OR HAS  CUSTODY  OF  THE
 COMPANION  ANIMALS  TO MAINTAIN HIS OR HER LIVING ENVIRONMENT IN A SANI-
 TARY CONDITION SUCH AS TO POSE A SERIOUS RISK TO THE HEALTH OR SAFETY OF
 THE COMPANION ANIMALS AND/OR PEOPLE LIVING IN THAT ENVIRONMENT.  FAILURE
 TO  PROVIDE  A SUFFICIENTLY SANITARY LIVING ENVIRONMENT MAY BE EVIDENCED
 BY CONDITIONS SUCH AS EXCESSIVE FECES, URINE, DIRT, GARBAGE OR A LACK OF
 BASIC SERVICES THAT MAKE A HOME  HABITABLE  SUCH  AS  HEAT,  HOT  WATER,
 VENTILATION OR ELECTRICITY; AND
   (C)  THE  PRESENCE  OF  COMPANION ANIMALS THAT, WITHOUT JUSTIFICATION,
 HAVE NOT RECEIVED NECESSARY VETERINARY  TREATMENT  WITHIN  A  REASONABLE
 PERIOD OF TIME.
   2.  IN  ADDITION  TO ANY OTHER PENALTY IMPOSED FOR A VIOLATION OF THIS
 SECTION, THE COURT SHALL ORDER THE DEFENDANT TO UNDERGO A MENTAL  HEALTH
 EVALUATION  BY  A QUALIFIED PROFESSIONAL SELECTED BY THE COURT. WITH DUE
 CONSIDERATION TO THE FINDINGS OF SUCH MENTAL  HEALTH  PROFESSIONAL,  THE
 COURT  MAY  ORDER  THAT  THE  DEFENDANT UNDERGO AND COMPLETE A COURSE OF
 TREATMENT, THERAPY AND/OR COUNSELING. ALSO WITH DUE CONSIDERATION TO THE
 FINDINGS OF SUCH MENTAL HEALTH PROFESSIONAL, THE COURT  MAY  ALSO  ORDER
 THAT  THE  DEFENDANT  BE  PROHIBITED FROM OWNING COMPANION ANIMALS FOR A
 PERIOD OF TIME  DEEMED  REASONABLE  BY  THE  COURT.  THE  PROVISIONS  OF
 SECTIONS  THREE  HUNDRED  SEVENTY-ONE,  THREE HUNDRED SEVENTY-TWO, THREE
 HUNDRED SEVENTY-THREE AND THREE HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE
 SHALL APPLY TO VIOLATIONS OF THIS SECTION.
   3.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
 PROTECTIONS AFFORDED TO COMPANION ANIMALS UNDER ANY OTHER  PROVISION  OF
 THIS ARTICLE.
   §  3.  Paragraph  a of subdivision 8 of section 374 of the agriculture
 and markets law, as amended by chapter 594 of the laws of 2003 and  such
 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
 to read as follows:
   a.  In  addition to any other penalty provided by law, upon conviction
 for any violation of section  three  hundred  fifty-one,  three  hundred
 fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
 THREE HUNDRED FIFTY-THREE-G, three  hundred  fifty-five,  three  hundred
 fifty-six,  three hundred fifty-nine, three hundred sixty, three hundred
 sixty-one, three hundred sixty-five or three hundred sixty-eight of this
 article, the convicted person may, after a duly held hearing pursuant to
 paragraph f of this subdivision, be ordered by the court to forfeit,  to
 a  duly incorporated society for the prevention of cruelty to animals or

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 a duly incorporated humane society or  authorized  agents  thereof,  the
 animal  or  animals  which are the basis of the conviction. Upon such an
 order of forfeiture, the convicted person shall be deemed to have relin-
 quished all rights to the animals which are the basis of the conviction,
 except those granted in paragraph d of this subdivision.
   § 4. This act shall take effect immediately.