BILL NUMBER: S7160

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the issuance
of appearance tickets for certain violations of the agriculture and
markets law

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would authorize officers or agents of any law enforcement
entity authorized to enforce New York State's animal cruelty laws to
forego the issuance of an appearance ticket and bring a suspect directly
into custody if the person is charged with a crime for which the court
may order the posting of a security pursuant to the agriculture and
markets law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Paragraph (b) of Section 150.20 (1) of the criminal
procedure law to
              

Section 2: Provides the effective date.

 
JUSTIFICATION:

Under current law, police and SPCA officers are generally required to
issue an appearance ticket to any person who is arrested upon suspicion
of an animal-related offense, including but not limited to animal fight-
ing and aggravated animal cruelty. If that person also had one or more
live animals seized from his or her possession as the basis for their
arrest, those animals are placed in an animal shelter pending the
outcome of the criminal prosecution. Subsequently, an animal shelter may
exercise its legal right to petition the court in which the criminal
case will be heard to require the accused to post security to help
offset the significant cost of caring and providing for the seized
animals. A defendant's failure to post a bond, if ordered, can result in
the forfeiture of ownership of the animals to the shelter, thereby
permitting the animal to be re-homed.

Unfortunately, the law only allows this petition to be filed "upon
arraignment or within a reasonable time thereafter," leaving the
arraignment period at the discretion of law enforcement and the court.
The uncertainty and delay that can result between the time of arrest and
a defendant's arraignment on charges can impose a significant burden on
a shelter. Not only may it be required to house multiple animals for
long periods of time, but the animals are often medically compromised,
requiring expensive and ongoing medical care.  Such delays can also
leave the owner of the seized animals with no recourse to address that
seizure until the arraignment date.

Ultimately, the delay can also result in animals languishing indefinite-
ly in sheltering environments not intended for long-term care.

The inability to immediately bring a person suspected of committing an
animal-related offense into custody, especially when animals have been
seized and placed in an animal shelter - thereby ensuring arraignment
shortly thereafter and expediting the disposition process for the seized
animals can result in serious hardships for the animal shelter, the
seized animals, and the animals' owner.

In addition, it can present a serious public health and safety risk,
particularly for animal fighting and aggravated cruelty offenses.  Both
offenses involve vicious and egregious acts of violence against animals
and are often associated with other harms. Animal fighting is often
associated with other forms of criminal activity, including illegal
gambling and drug and weapons trafficking. Therefore, an investigation
into these offenses and the ability to immediately charge and arraign
suspects can play a crucial role in stopping them and revealing the true
depth of the criminal enterprise.

Acts of aggravated cruelty not only result in an animal's death or seri-
ous injury but are also done with an intent to cause extreme physical
pain or are carried out in an especially depraved or sadistic manner.
Given that such crimes can expose other forms of family violence and be
one of the most visible parts of an entire history of aggressive or
antisocial behavior, it is also important to retain the option of imme-
diately charging and arraigning a suspect in these cases as well.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.