Establishes a civil remedy for the protection of animals denied proper care by creating a special proceeding in the supreme court that will hold owners and caretakers liable if such animals under their care are mistreated.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9215
SPONSOR: McDonald TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing a civil remedy for the protection of companion animals denied
proper care
PURPOSE:
This bill would provide a civil process by which humane law enforcement
agencies can implement a non-criminal process to address acts or omis-
sions that result in a companion animal suffering unnecessary psycholog-
ical or physical injury or pain, or failing to receive food, water,
shelter or veterinary or behavioral care necessary to preserve the phys-
ical health and mental well-being of an animal.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the agriculture and markets law to estab-
lish a new Article 26-D entitled, "Civil Remedy for the Protection of
Companion Animals." This article is comprised of seven sections to
effectuate its purpose, as follows:
Section 440 provides the declaration of purpose for the establishment of
this article, which is to provide a civil means by which a companion
animal found to be mistreated or not properly cared for may be made the
subject of a court Order to provide care issued to its owner or caretak-
er or removed from its present custody by court order to ensure proper
care.
Section 441 provides definitions for specific terms in the statute.
Section 442 provides that state supreme courts shall have jurisdiction
over these civil proceedings.
Section 443 describes the process by which written notice is given to
the owner or caretaker of a mistreated companion animal.
Section 444 describes the process by which an authorized agent may peti-
tion the court for an ex-parte emergency care and inspection order
should the owner or caretaker fail to provide care after written notice
was given. This section then describes when the court shall issue the
order and what the order shall require. Upon the issuance of such order,
this section requires the court to schedule an Animal Care Hearing with-
in a specified time period. The court must also provide timely notice to
the owner or caretaker of both the order and the hearing.
Section 445 provides for the Animal Care Hearing process, whereby the
court determines whether the owner or caretaker of a companion animal
being denied proper care is fit to continue owning such animal. If the
court determines that such owner or caretaker is unable or unwilling to
provide adequate care, then the court shall order the animal's immediate
forfeiture and enjoin the owner or caretaker from further possession,
custody, or ownership for a time determined by the court to be reason-
able. The order of forfeiture shall identify a supersedeas bond amount
that the owner or caretaker must pay based on the reasonable cost to
care for the companion animal.
Section 446 establishes the owners right to appeal and the process that
must be followed in that regard.
Section 447 relates to the new Article 26-D interacts with other laws.
Section 2 of the bill provides the effective date of the new Article
26-D, which is 120 days after it becomes, law..
EXISTING LAW:
New York law only provides a criminal process for adjudicating animal
cruelty cases. There is currently no civil remedy to effectively protect
companion animals from mistreatment.
JUSTIFICATION:
This bill would create a civil remedy to ensure that unfit owners are
properly caring for their companion animals or, if necessary, remove
such animals from their custody to prevent further mistreatment. A civil
process for addressing animal mistreatment is critical given the signif-
icant challenges that come with enforcing criminal animal cruelty stat-
utes.
For one thing, the animal itself often serves as evidence of the alleged
crime, but unlike all other forms of evidence, pets are also personal
property and are living, breathing, sentient creatures. They cannot be
placed in secure storage unattended, or in an evidence locker until a
criminal case is adjudicated. Even when removed from severely neglectful
or abusive situations, the quality of life for a seized pet can diminish
significantly in a relatively short period of time without a permanent
living situation. At the same time, shelters have no way of knowing when
a criminal case will be resolved; depending upon numerous factors beyond
their control, a conviction or dismissal can take months, if not
years.During this same period, costs borne by impounding organizations
increase proportionally and quickly become prohibitive. Animals
entrusted to their care require food, water, veterinary care, and behav-
ioral, enrichment and volunteer services that must be continuously
available to the shelter's entire population.
Because towns and cities often contract with not-for-profit entities for
sheltering services, these costs directly impact them as well. In one
recent case, the City of Watervliet incurred $30,000 in sheltering costs
in a case that may have been able to be dispensed with more quickly if a
civil remedy was already in place.
As a result of such circumstances, some shelters may decline to harbor
pets seized during criminal cruelty investigations, especially if their
shelter is already stretched thin due to high intake rates and
veterinary/staff shortages. This in turn impacts the ability for law
enforcement agencies to effectively investigate animal cruelty
complaints; when an officer responds to a complaint, suspects cruelty
but has nowhere to bring an animal at risk, it can drastically compli-
cate the manner in which an investigation can proceed, if at all.
In addition, law enforcement and humane agencies have long expressed
frustration with using criminal law to address specific types of neglect
& cruelty situations like animal hoarding. Yet, it is their only option.
To cite one recent example from the ASPCA in NYC, a routine welfare
check at a small home in Queens alerted police to horrific conditions
inside, where a search warrant was obtained to remove over 70 animals
from an aging mother and her daughter, who was subsequently arrested and
charged with animal cruelty. A petition was filed with the court for the
owners to post a security bond for the care of their animals at ASPCA's
animal hospital, in an attempt get the court to order forfeiture of the
• animals. This case took more than a year to litigate, resulted in over
$420,000 in medical care and sheltering costs, and because the organiza-
tion was unable to adopt the pets into loving homes, many languished
despite high-quality professional care. Mental health issues for the
mother and daughter also contributed to court delays which resulted in
even longer legal hold times for the animals. This family needed help -
not the cost of defending themselves in criminal court or the stigma of
a criminal conviction; unfortunately, under
current law a search warrant and criminal charges (twice) was the only
option.
In a 2021 example, Hudson Valley Humane Society in Rockland County was
called to a home where they found two dogs chained to an outbuilding.
The shelter eventually gained access to the home and seized 24 adult
dogs. The owner, a man in his early 60's, was a classic animal hoarder,
using multiple veterinarians to hide how many animals he actually owned.
The case went on for 18 months until finally the court recognized the
overwhelming cost HVHS had absorbed by awarding the shelter custody of
the animals. Nonetheless, the shelter housed these dogs for 18 months,
meaning other homeless companion animals couldn't be sheltered due to
space constraints. The total cost of care in the case was $75,000 in
veterinary bills and close to $260,000 in daily care at a rate of
$20/day (which is actually below average).
In 2023, Finger Lakes SPCA took in 13 dogs, mostly Cane Corsos (seven
adults and six puppies) from an animal cruelty case. The seizure Was
done by the County Sheriff with the shelter's assistance. The owner
refused to relinquish ownership of the animals and the court process was
"a nightmare," according to the shelter's Executive Director. The owner
managed to keep delaying the case, and the dogs were housed at the shel-
ter for 11 months. The cost of care and damage because of overcrowding
is estimated at between $75,000 and $100,000. The county was able to
assist with only about 20% of this financial burden.
While nothing in this measure would prevent the pursuit of criminal
charges for any situation regarding suspected animal cruelty when
warranted, the establishment of a civil process option - whereby a court
can render a decision, based on the evidence, regarding an animal
owner's ability to care for a companion animal - is good •for law
enforcement, good for shelters, good for social justice and of course
good for companion animals. This procedure is not a new concept; it is
used successfully in other states where, when appropriate, it provides a
sound and fair means to wrest animals from harm's way without having to
charge the owner with misdemeanor or felony-level crimes.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
LOCAL FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect 120 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
9215
IN ASSEMBLY
February 16, 2024
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a civil remedy for the protection of companion animals denied
proper care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 article 26-D to read as follows:
3 ARTICLE 26-D
4 CIVIL REMEDY FOR THE PROTECTION OF COMPANION ANIMALS
5 Section 440. Legislative purpose.
6 441. Definitions.
7 442. Jurisdiction; courts; venue.
8 443. Notice of mistreated companion animal.
9 444. Emergency powers.
10 445. Animal care hearing.
11 446. Appeal.
12 447. Construction with other laws.
13 § 440. Legislative purpose. The purpose of this article is to provide
14 a civil means by which a companion animal that is found to be mistreated
15 or not properly cared for may be:
16 1. Made the subject of a court order to provide care issued to its
17 owner or caretaker, and
18 2. Removed from its present custody if necessary to ensure proper
19 care.
20 § 441. Definitions. As used in this article, the following terms shall
21 have the following meanings:
22 1. "Mistreated or not properly cared for" means every act or omission
23 that results in a companion animal suffering unnecessary psychological
24 or physical injury or pain, or failing to provide adequate food, water,
25 shelter or veterinary care necessary to preserve the physical and mental
26 well-being of a companion animal.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14303-03-4
A. 9215 2
1 2. "Companion animal" shall have the same meaning as defined by
2 section three hundred fifty of this chapter.
3 3. "Authorized agent" means any police officer, or agent or officer of
4 any duly incorporated society for the prevention of cruelty to animals
5 pursuant to section three hundred seventy-three of this chapter.
6 4. "Impounding organization" shall mean any municipal pound or shel-
7 ter, duly incorporated society for the prevention of cruelty to animals
8 or duly incorporated humane society.
9 § 442. Jurisdiction; courts; venue. 1. A special proceeding to ensure
10 proper care or seizure of a companion animal shall be maintained in the
11 supreme court.
12 2. The place of the special proceeding shall be within the jurisdic-
13 tional area of the court where such companion animal thereof is situ-
14 ated.
15 § 443. Notice of mistreated companion animal. If an authorized agent
16 has reason to believe that a companion animal has been or is being
17 mistreated or not properly cared for, such authorized agent may notify
18 the owner or caretaker, in writing, of such owner or caretaker's duty to
19 provide certain care, including but not limited to, proper shelter,
20 food, water or veterinary care to such companion animal at the owner's
21 or caretaker's expense and within a time period determined by such
22 authorized agent's discretion.
23 § 444. Emergency powers. 1. If such owner or caretaker fails to
24 provide care to such companion animal and such companion animal remains
25 mistreated or not cared for after receiving notice and within the time
26 period determined by such authorized agent, an authorized agent may
27 immediately petition the court for an ex-parte emergency care and
28 inspection order.
29 2. An emergency care and inspection order shall be immediately issued
30 upon a showing of probable cause that such companion animal has been or
31 is being mistreated or not properly cared for.
32 3. Such order shall require the owner or caretaker to provide care to
33 such companion animal and allow an authorized agent to enter onto the
34 premises where such companion animal is being kept to ensure such
35 companion animal is receiving necessary food, water, shelter and care.
36 4. An ex-parte emergency care and inspection order issued pursuant to
37 this section shall be effective upon service, in accordance with section
38 three hundred eight of the civil practice law and rules, and shall:
39 (a) provide specific details of such mistreatment or failure to
40 provide proper care to such companion animal and direct such owner or
41 caretaker to take corrective action;
42 (b) allow an authorized agent and licensed veterinarian at the direc-
43 tion of such authorized agent to inspect such companion animal to ensure
44 compliance with the order to provide care;
45 (c) prohibit such owner or caretaker from interfering with such
46 inspection by the authorized agent or veterinarian;
47 (d) prohibit an owner or caretaker from transferring ownership of such
48 companion animal;
49 (e) prohibit an owner or caretaker from euthanizing such companion
50 animal without first seeking and obtaining permission of the court on a
51 showing that such procedure is to prevent undue suffering or physical
52 pain to such companion animal; and
53 (f) allow a veterinarian to examine such companion animal at least
54 twenty-four hours prior to such animal care hearing.
55 5. Upon issuance of an emergency care and inspection order, the court
56 shall set a time within ten calendar days of the date of issuance for an
A. 9215 3
1 animal care hearing pursuant to section four hundred forty-five of this
2 article, to determine whether such companion animal has been mistreated
3 or not properly cared for. The date and time for the scheduled hearing
4 shall be noted within such order, or as an attachment to such order.
5 6. Such emergency care and inspection order and notice of animal care
6 hearing shall be provided within at least five days prior to the sched-
7 uled animal care hearing and served in accordance with section three
8 hundred eight of the civil practice law and rules. If such owner or
9 caretaker is not known, the emergency care and inspection order and
10 notice of animal care hearing may be affixed to such premises where such
11 companion animal was located.
12 § 445. Animal care hearing. 1. In a proceeding to determine whether
13 such companion animal has been or is being mistreated or not properly
14 cared for, and that such owner is unable to or unwilling to provide
15 immediate and continued proper care for such companion animal, the court
16 may consider the following:
17 (a) testimony from the authorized agent and other witnesses as to the
18 condition of such companion animal;
19 (b) testimony from the authorized agent and other witnesses as to the
20 conditions under which such companion animal was kept;
21 (c) evidence as to any veterinary and behavioral care provided to such
22 companion animal;
23 (d) testimony from witnesses as to the prior treatment or condition of
24 such companion animal or other companion animals in the owner or care-
25 taker's custody;
26 (e) prior convictions of statutes prohibiting cruelty to animals; and
27 (f) any evidence the court deems material or relevant.
28 2. The authorized agent shall have the burden to prove, by a prepon-
29 derance of the evidence, that such companion animal was mistreated or
30 not properly cared for, and that such owner or caretaker is unable or
31 unwilling to provide immediate and continued proper care for such
32 companion animal. The owner or caretaker shall have the right to a full
33 defense including, but not limited to, the right to cross-examine
34 witnesses and to present witnesses and evidence.
35 3. If the court determines that such owner or caretaker of the compan-
36 ion animal is unable or unwilling to provide adequate care for the
37 companion animal and that the companion animal was mistreated or not
38 properly cared for, the court shall order the immediate forfeiture such
39 companion animal that has been the subject of the hearing to the author-
40 ized agent. The court shall also enjoin the owner or caretaker's further
41 possession, custody, or ownership of such other companion animals for a
42 time determined by the court to be reasonable.
43 (a) Upon an order of forfeiture pursuant to this subdivision, the
44 authorized agent may deliver such companion animal to an impounding
45 organization for adoption or other disposition pursuant to section three
46 hundred seventy-four of this chapter.
47 (b) Any order of forfeiture pursuant to this section shall identify a
48 supersedeas bond amount based on the reasonable cost to care for the
49 companion animal subject to the order of forfeiture, to be paid by the
50 owner or caretaker. Reasonable costs of care shall be determined based
51 on testimony provided at the animal care hearing and shall be calculated
52 based on the total number of animal or animals and the reasonable daily
53 cost of care for such animal or animals for, at minimum, a period of one
54 hundred eighty days.
55 4. If the court determines that such owner or caretaker of the compan-
56 ion animal has provided and will continue to provide adequate care for
A. 9215 4
1 the companion animal that has been the subject of the order to provide
2 care, or that the companion animal was not mistreated or not properly
3 cared for as set forth in the emergency order, the court shall vacate
4 the order to provide care. Vacatur pursuant to this subdivision shall
5 not preclude the court from entering an order to provide care in the
6 future.
7 5. A finding in a court of competent jurisdiction that the owner or
8 caretaker of the animal is guilty of an offense brought pursuant to this
9 article relating to the companion animal that is the subject of the
10 animal care hearing is prima facie evidence that such companion animal
11 has been mistreated or not properly cared for.
12 § 446. Appeal. 1. An appeal may be taken to the appellate division as
13 of right, originating in the supreme court from where the order of
14 forfeiture was issued. As a condition of perfecting such appeal, the
15 owner or caretaker shall file a notice of appeal and pay such superse-
16 deas bond set by the court, not later than ten calendar days after the
17 date the order of forfeiture was issued.
18 2. Any appeal filed with the appellate division of the supreme court
19 shall be perfected within thirty days following the date of the order of
20 forfeiture.
21 3. A hearing on such appeal shall be heard within thirty calendar days
22 after such appeal is perfected unless a continuance is mutually agreed
23 upon the parties. If a continuance is granted, the owner or caretaker of
24 such forfeited companion animal shall pay a second supersedeas bond in
25 the amount ordered by the appellate division.
26 4. The filing of such appeal shall not prevent the removal of a
27 forfeited companion animal from such owner or caretaker's possession by
28 the authorized agent. However, if such supersedeas bond has been paid
29 under subdivision one of this section, such companion animal or animals
30 may not be adopted or otherwise disposed of, except under circumstances
31 which would require the humane euthanasia of such companion animal to
32 prevent undue suffering or physical pain, or where such companion animal
33 poses a severe and immediate danger to itself, people or other animals.
34 § 447. Construction with other laws. Nothing in this article shall be
35 construed to (a) limit or restrict agents or officers of societies for
36 the prevention of cruelty to animals or any police officer from enforc-
37 ing other provisions of article twenty-six of this chapter or any other
38 law relating to the humane treatment of, or cruelty to, animals, or (b)
39 prevent a dog control officer or peace officer, acting pursuant to the
40 officer's special duties, or police officer in the employ of or under
41 contract to a municipality from seizing any dog pursuant to article
42 seven of this chapter. Relief pursuant to this section shall not be
43 stayed or continued due to the filing of criminal charges involving or
44 otherwise relating to such companion animals that are subject of the
45 emergency care and inspection order and animal care hearing.
46 § 2. This act shall take effect on the one hundred twentieth day after
47 it shall have become a law.
