Senator Monica R. Martinez Passes Critical Piece of Animal Welfare Legislation

(Albany, NY) On March 26, 2019, Senator Monica R. Martinez and the State Senate passed a piece of animal welfare legislation that will ultimately improve the process by which an animal is cared for by sheltering organizations to responsibly meet the costs associated with caring for such animal during a criminal investigation. Many times, not-for-profit humane societies, societies for the prevention of cruelty to animals, and other sheltering organizations, are asked to care for the victims of animal abuse when they are seized from their alleged abusers.

Under current law, once cruelty or animal fighting charges are filed, it can take several weeks or even longer before the criminal case is arraigned, leaving organizations to shoulder the cost and care for the animals for extended periods of time without a guarantee of cost relief. This legislation will authorize the security posting petition to be filed upon the issuance of an appearance ticket or within a reasonable time thereafter.

“The changes to the security posting process will play a critical role in ensuring coverage of the often significant costs associated with caring for these victims by authorizing the courts to require the accused to place funds in an account that can be accessed by the sheltering organization to assist in providing necessary services.” Stated Senator Martinez

“I am thrilled that the Senate has moved forward, under Senator Martinez’s leadership, to relieve some of the obstacles to effective enforcement of our existing animal cruelty and anti-fighting laws,” said Assemblymember Paulin (D-Scarsdale), the sponsor of the bill in the Assembly. “Unable to shoulder the full costs associated with caring for these animals seized during criminal investigations, many shelters are forced to limit the assistance they can offer. Improving this process and providing resources to these not-for-profit shelters and humane societies will greatly improve enforcement and keep these animals safe.”

“Humane societies and SPCAs provide vital assistance to local governments in fulfilling their legal obligation to care for victims of animal cruelty when seized from a suspected abuser,” said Bill Ketzer, senior director of state legislation for the ASPCA, Northeast Region. “This responsibility quickly becomes costly for a not-for-profit shelter, forcing them to limit the assistance they can offer and creating an obstacle to effective enforcement. The ASPCA thanks Senator Martinez for passing this common sense measure to reimburse shelters in a more timely fashion for the lifesaving services they provide to victims of cruelty, and we urge the Assembly to do the same during the 2019 session.”

“Together, the shelters that care for companion animals seized in cruelty cases can incur costs in the millions of dollars over the course of one year,” said Libby Post, Executive Director of the New York State Animal Protection Federation, the organization that represents the state’s network of animal shelters. “This legislation will help shelters across New York defray these costs so that they don’t have to worry about where the money will come from to provide sustenance, shelter, medical care and the love these animals need and deserve. The Federation calls on the NYS Assembly to quickly pass this bill and send it to the Governor for his signature.”

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