New York State Assembly

A00044 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           44
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BUTLER,
          CUSICK, ENGLEBRIGHT, KAVANAGH, 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:
 
     1    Section  1.  Legislative  intent.  Across  the  country,  there  is an
     2  increasing incidence of cases where large numbers of  companion  animals
     3  are  seized  from  individuals who lack the ability to provide them with
     4  the basics of life - clean place to live, adequate food  and  water  and
     5  necessary  veterinary care. The living conditions in many of these cases
     6  are not just marginal - frequently they fall well below accepted  stand-
     7  ards  for either companion animals or human beings. Severe overcrowding,
     8  excessive feces, dirt, garbage, dangerous levels of ammonia from  urine-
     9  saturated  surfaces,  animals that plainly suffer from parasite infesta-
    10  tion, upper respiratory infections, and other  ailments  and  owners  or
    11  custodians that neither fully recognize nor are capable of remedying the
    12  situation.
    13    Sadly,  these  companion  animal  "hoarding" cases are also frequently
    14  accompanied by self neglect and neglect of other people  living  in  the
    15  household  -  particularly children and the elderly. When authorities do
    16  intervene, the cost - in terms of both animal suffering  and  government
    17  expenditure  -  is substantial. Animals removed from hoarding situations
    18  are often too debilitated, sick or injured to be helped. When  they  are
    19  able  to be rehabilitated, the cost of housing, food and veterinary care
    20  can be extremely high.
    21    States around the country are responding to companion animal  hoarding
    22  with legislation that gives law enforcement the tools it needs for early
    23  intervention  -  before the situation becomes a full-blown cruelty case.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01414-01-7
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     1  This legislation defines companion animal hoarding, makes provision  for
     2  seizure of animals and requires that those deemed hoarders are evaluated
     3  to determine whether they can receive services to assist them with their
     4  problem.  Provision  is made for covering the cost of caring for animals
     5  seized in hoarding cases and to  ensure  that  those  determined  to  be
     6  hoarders  do  not have custody of companion animals for a period of time
     7  that the sentencing court deems reasonable and appropriate.
     8    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
     9  section 353-g to read as follows:
    10    § 353-g. Companion animal hoarding. 1. A person is guilty of companion
    11  animal  hoarding  when he or she owns, possesses, or has custody of more
    12  companion animals than he or she can properly care for as  evidenced  by
    13  ownership,  possession  or  custody  of  more than twenty-five companion
    14  animals living in conditions that are likely to  jeopardize  the  health
    15  and  well  being of the animals and/or human beings living in the house-
    16  hold as evidenced by:
    17    (a) Keeping the companion animals in  a  severely  overcrowded  living
    18  environment likely to endanger their health or safety;
    19    (b)  Failure  by  the person who owns, possesses or has custody of the
    20  companion animals to maintain his or her living environment in  a  sani-
    21  tary condition such as to pose a serious risk to the health or safety of
    22  the  companion animals and/or people living in that environment. Failure
    23  to provide a sufficiently sanitary living environment may  be  evidenced
    24  by conditions such as excessive feces, urine, dirt, garbage or a lack of
    25  basic  services  that  make  a  home  habitable such as heat, hot water,
    26  ventilation or electricity; and
    27    (c) The presence of companion  animals  that,  without  justification,
    28  have  not  received  necessary  veterinary treatment within a reasonable
    29  period of time.
    30    2. In addition to any other penalty imposed for a  violation  of  this
    31  section,  the court shall order the defendant to undergo a mental health
    32  evaluation by a qualified professional selected by the court.  With  due
    33  consideration  to  the  findings of such mental health professional, the
    34  court may order that the defendant undergo  and  complete  a  course  of
    35  treatment, therapy and/or counseling. Also with due consideration to the
    36  findings  of  such  mental health professional, the court may also order
    37  that the defendant be prohibited from owning  companion  animals  for  a
    38  period  of  time  deemed  reasonable  by  the  court.  The provisions of
    39  sections three hundred seventy-one,  three  hundred  seventy-two,  three
    40  hundred  seventy-three  and  three  hundred seventy-four of this article
    41  shall apply to violations of this section.
    42    3.  Nothing  in  this  section  shall  be  construed  to  affect   any
    43  protections  afforded  to companion animals under any other provision of
    44  this article.
    45    § 3. Paragraph a of subdivision 8 of section 374  of  the  agriculture
    46  and  markets law, as amended by chapter 594 of the laws of 2003 and such
    47  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
    48  to read as follows:
    49    a. In addition to any other penalty provided by law,  upon  conviction
    50  for  any  violation  of  section  three hundred fifty-one, three hundred
    51  fifty-three, three hundred fifty-three-a, three  hundred  fifty-three-b,
    52  three  hundred  fifty-three-g,  three  hundred fifty-five, three hundred
    53  fifty-six, three hundred fifty-nine, three hundred sixty, three  hundred
    54  sixty-one, three hundred sixty-five or three hundred sixty-eight of this
    55  article, the convicted person may, after a duly held hearing pursuant to
    56  paragraph  f of this subdivision, be ordered by the court to forfeit, to
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     1  a duly incorporated society for the prevention of cruelty to animals  or
     2  a  duly  incorporated  humane  society or authorized agents thereof, the
     3  animal or animals which are the basis of the conviction.  Upon  such  an
     4  order of forfeiture, the convicted person shall be deemed to have relin-
     5  quished all rights to the animals which are the basis of the conviction,
     6  except those granted in paragraph d of this subdivision.
     7    § 4. This act shall take effect immediately.