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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1121
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE:
This bill seeks to improve the process for animal sheltering organiza-
tions to responsibly meet the costs associated with caring for the
victims of animal cruelty during a criminal investigation.
SUMMARY OF PROVISIONS:
Section one amends section 373 of the agriculture and markets law to
authorize an impounding organization, holding live animals as evidence
on behalf of any political subdivision Of government during a criminal
investigation, to petition the court of jurisdiction for the posting of
security upon the issuance of an appearance ticket under certain circum-
stances, within a reasonable time thereafter. This section also
provides that service can be completed personally or through certified
mail when a petition is filed, after the issuance of an appearance tick-
et, but prior to arraignment on charges. If a petition is filed after
the issuance of an appearance ticket, but prior to arraignment on charg-
es, if the defendant does not have counsel at the time of arraignment,
the court may appoint counsel for purposes of the petition if such
defendant is Otherwise eligible for appointed counsel for the underlying
Criminal offense.
Section two provides the effective date.
JUSTIFICATION:
Not-for-profit humane societies, societies for the prevention of cruelty
to animals and other sheltering organizations are often left to care for
the victims of animal abuse when such animals are seized from their
alleged abusers.: The security posting process in current law plays an
essential role in helping: to cover the significant costs associated
with caring for these victims by authorizing courts to require the
accused to place funds in an account that can be accessed by the shel-
tering Organization to assist with providing this essential. service.
Under current law, once cruelty or animal fighting charges are filed, it
can be several months or even longer before the criminal case is
resolved - either by a plea bargain or by criminal trial. Depending upon
the specifics-of the case and the jurisdiction, arraignment may not
occur for several days, several weeks, or in many cases much longer. In
New York City, for example, the typical wait for an arraignment to occur
is at least six to eight weeks after the issuance of an appearance tick-
et. This creates a clear and serious delay in the ability to petition
the court for security, thereby placing the financial burden of caring
for such animals squarely upon the impounding organitation until
arraignment occurs.
This legislation would authorize the security posting petition to be
filed upon the issuance of an appearance ticket or within a reasonable
time thereafter. It would not affect or confuse the current petition
process where an alleged abuser is brought, into physical custody. In
doing so, it will benefit not just the impounding organization and the
seized animals but also the defendant, who will be assured prompter
access to the judicial forum to ensure retention of his animals while
criminal charges are resolved. This would greatly improve the process
for animal shelters and the local governments they serve to responsibly
meet the costs associated with caring for the victims of animal cruelty.
Unable to shoulder the costs associated with caring for these animals
alone, many shelters are forced to limit the assistance they can offer.
This creates an obstacle to effective enforcement of cruelty and anti-
fighting laws, which are serious: misdemeanor and felony-level crimes in
New York State there is no place for the seized animals to go, law
enforcement often has little choice but to weigh against, seizing them
in the first place, an outcome that must be avoided wherever possible.
LEGISLATIVE HISTORY:
A.4986 of 2021 and 2022, referred to agriculture.
A.5552 of 2019 and 2020, referred to agriculture. Same as S. 3707,
passed Senate in 2019.
A.7969-A of 2015 and 2016, referred to agriculture. Same as S. 5727-A,
referred to agriculture in 2015 and advanced to a third reading in 2016.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
On the ninetieth day after it shall become a law.
