S03707 Summary:

BILL NOS03707
 
SAME ASSAME AS A05552
 
SPONSORMARTINEZ
 
COSPNSRADDABBO, SERRANO
 
MLTSPNSR
 
Amd 373, Ag & Mkts L
 
Relates to the proper venue for an impounding organization to file a petition for a security to be paid by the owner of a seized animal currently in the care of such organization.
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S03707 Committee Votes:

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S03707 Floor Votes:

There are no votes for this bill in this legislative session.
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S03707 Memo:

Memo not available
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S03707 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3707
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2019
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          posting  of security by a person against whom certain criminal charges
          are pending

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph a and subparagraph 1 of paragraph b of subdivi-
     2  sion 6 of section 373 of the agriculture and markets law, paragraph a as
     3  amended by chapter 289 of the laws of 2018 and subparagraph 1  of  para-
     4  graph  b  as  amended by chapter 531 of the laws of 2013, are amended to
     5  read as follows:
     6    a. If any animal is seized and impounded pursuant to the provisions of
     7  this section, section three hundred fifty-three-d [of this  article]  or
     8  [section]  three  hundred seventy-five of this article for any violation
     9  of this article, [upon arraignment of charges, or  within  a  reasonable
    10  time  thereafter,]  the  duly incorporated society for the prevention of
    11  cruelty to animals, humane society, pound, animal shelter or any author-
    12  ized agents thereof, hereinafter referred to for the  purposes  of  this
    13  section  as  the "impounding organization", may file a petition with the
    14  court in which criminal charges have  been  filed  requesting  that  the
    15  person  [from  whom  an  animal  is  seized  or the owner of the animal]
    16  against whom criminal charges are pending ("the defendant")  be  ordered
    17  to  post a security. If the defendant is issued an appearance ticket, as
    18  defined in subdivision twenty-six of section 1.20 of the criminal proce-
    19  dure law, the petition may be filed upon the issuance of such appearance
    20  ticket or within a reasonable time  thereafter.  In  all  other  circum-
    21  stances, the petition may be filed upon arraignment of charges or within
    22  a  reasonable  time  thereafter.  The  district attorney prosecuting the
    23  charges may file and obtain  the  requested  relief  on  behalf  of  the
    24  impounding  organization  if requested to do so by the impounding organ-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09642-01-9

        S. 3707                             2
 
     1  ization. The security shall be in an amount sufficient to secure payment
     2  for all reasonable expenses expected to be incurred  by  the  impounding
     3  organization  in caring and providing for the animal pending disposition
     4  of  the  charges.  Reasonable expenses shall include, but not be limited
     5  to, estimated medical care and boarding of the animal for at least thir-
     6  ty days. The amount of the security, if any, shall be determined by  the
     7  court after taking into consideration all of the facts and circumstances
     8  of  the  case  including,  but  not limited to the recommendation of the
     9  impounding organization having custody and care of the seized animal and
    10  the cost of caring for the animal. If a  security  has  been  posted  in
    11  accordance  with this section, the impounding organization may draw from
    12  the security the actual reasonable costs to be incurred by  such  organ-
    13  ization in caring for the seized animal.
    14    (1)  Upon receipt of a petition pursuant to paragraph a of this subdi-
    15  vision the court shall set a hearing on the  petition  to  be  conducted
    16  within  ten business days of the filing of such petition. The petitioner
    17  shall serve a true copy of the  petition  upon  the  defendant  and  the
    18  district attorney if the district attorney has not filed the petition on
    19  behalf  of  the petitioner.  If the petition is filed after the issuance
    20  of an appearance ticket but prior to arraignment on charges, service may
    21  be effectuated by serving  a  true  copy  thereof  personally  upon  the
    22  defendant,  or  by  sending a true copy thereof by certified mail to the
    23  address of the defendant. The petitioner shall also serve a true copy of
    24  the petition on any interested person. For purposes of this subdivision,
    25  interested person shall mean an  individual,  partnership,  firm,  joint
    26  stock  company,  corporation,  association, trust, estate or other legal
    27  entity who the court determines may have [a] an ownership  or  pecuniary
    28  interest  in the animal which is the subject of the petition.  Provided,
    29  that, if a petition is filed after the issuance of an appearance  ticket
    30  but  prior  to  arraignment  on charges, and the defendant does not have
    31  counsel at the time of arraignment, the court  may  assign  counsel  for
    32  purposes  of  the  petition  if such defendant is otherwise eligible for
    33  appointed counsel for the underlying criminal offense. The petitioner or
    34  the district attorney acting on behalf of the petitioner, shall have the
    35  burden of proving by a preponderance of the evidence  that  the  [person
    36  from  whom the animal was seized] defendant violated a provision of this
    37  article. The court may waive for good cause shown the posting of securi-
    38  ty.
    39    § 2. This act shall take effect on the ninetieth day  after  it  shall
    40  have become a law.
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