BILL NUMBER: S5715

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:

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. Suppose that person also had one or
more live animals seized from his or her possession as the basis for
their arrest. In that case, those animals are placed in an animal shel-
ter 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 for and providing
for the seized animals. If ordered, a defendant's failure to post a bond
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 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, 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
indefinitely 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' owners.

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 serious injury but are also done with the
intent to cause extreme physical pain or are carried out in an especial-
ly 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 impor-
tant to retain the option of immediately charging and arraigning a
suspect in these cases as well.

 
LEGISLATIVE HISTORY: Senate

2023: S7160, Referred to Codes

2024: S7160, Referred to Codes Assembly

2023: A7989, Referred to Codes

2024: A7989, Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.