S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10234
 
                           I N  A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   seizure of animals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 373 of the agriculture and markets law, as added by
 chapter  545  of the laws of 1971, subdivisions 1, 2 and 3 as amended by
 chapter 79 of the laws of 1997, subdivision 1-a as added by chapter  811
 of the laws of 1981, subdivision 5 as amended by section 23 and subpara-
 graph 2 of paragraph b of subdivision 6 as amended by section 24 of part
 T  of chapter 59 of the laws of 2010, subdivisions 6 and 7 as amended by
 chapter 256 of the laws of 1997 and paragraph a and  subparagraph  1  of
 paragraph  b  of  subdivision 6 as amended by chapter 531 of the laws of
 2013, is amended to read as follows:
   § 373. Seizure  of  animals  lost,  strayed,  homeless,  abandoned  or
 improperly  confined  or kept. 1. Any police officer or agent or officer
 of the American Society for the Prevention of Cruelty to Animals or  any
 duly  incorporated society for the prevention of cruelty to animals, may
 lawfully take possession of any lost,  strayed,  homeless  or  abandoned
 animal found in any street, road or other public place.
   1-a.  Any  police officer in Lewis county may lawfully take possession
 of any lost, strayed, homeless or abandoned domestic animal, as  defined
 in  section one hundred eight of this chapter, found in any street, road
 or other public place.
   2. Any such police officer or agent or officer may also lawfully  take
 possession  of  any  animal in or upon any premises other than a street,
 road or other public place, which (A) for more  than  twelve  successive
 hours  has  been confined or kept in a crowded or unhealthy condition or
 in unhealthful or unsanitary surroundings or (B) HAS not  BEEN  properly
 cared  for,  INCLUDING,  BUT  NOT  LIMITED TO THE PROVISION OF NECESSARY
 SHELTER, VETERINARY, FARRIER AND OTHER SPECIES- OR BREED-SPECIFIC  CARE;
 or  [without]  (C)  FOR  MORE  THAN TWELVE SUCCESSIVE HOURS HAS NOT BEEN
 PROVIDED WITH necessary sustenance,  food  or  drink,  provided  that  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00242-01-7

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 complaint  stating  just  and  reasonable  grounds is made under oath or
 affirmation to any magistrate authorized to issue warrants  in  criminal
 cases,  and that such warrant authorizing entry and search is issued and
 delivered by such magistrate; if just and reasonable cause is shown, the
 magistrate  shall  immediately issue such warrant.  FURTHER, THE WARRANT
 SHALL PROVIDE THAT, WHERE ANY ANIMAL IS SEIZED FROM A PERSON BASED  UPON
 NONCOMPLIANCE  WITH THE STANDARDS OF CARE SET FORTH IN THIS SUBDIVISION,
 THE POLICE OFFICER, AGENT OR OFFICER MAY TAKE POSSESSION  OF  ANY  OTHER
 ANIMAL OR ANIMALS IN THE CUSTODY OR CONTROL OF SUCH PERSON FROM WHOM THE
 ANIMAL  IS  SEIZED.  THE PERSON FROM WHOM ANIMALS ARE SEIZED PURSUANT TO
 THIS SUBDIVISION MAY PETITION THE  COURT,  UPON  SEIZURE,  OR  WITHIN  A
 REASONABLE  TIME  THEREAFTER,  FOR  A  RETURN  OF  THE  SEIZED ANIMAL OR
 ANIMALS. A HEARING ON SUCH PETITION SHALL BE CONDUCTED WITHIN TEN  BUSI-
 NESS  DAYS  OF  SUCH  PETITION.  THE PETITIONER SHALL HAVE THE BURDEN OF
 PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THERE  WAS  NO  PROBABLE
 CAUSE  FOR THE SEIZURE OF SUCH ANIMAL OR ANIMALS SEIZED PURSUANT TO THIS
 SUBDIVISION. NO ANIMAL OR ANIMALS SEIZED PURSUANT  TO  THIS  SUBDIVISION
 MAY  BE  RETURNED TO THE OWNER OR PERSON FROM WHOM THE ANIMAL OR ANIMALS
 WERE SEIZED UNTIL SUCH HEARING HAS BEEN CONDUCTED.
   3. Any such police officer or agent or officer may also lawfully  take
 possession  of  any  unwanted  animal  from  the person in possession or
 custody thereof.
   4. When any person arrested is, at the time of such arrest, in  charge
 of  any  animal or of any vehicle drawn by or containing any animal, any
 agent or officer of said society or societies or any police officer  may
 take  charge  of  such  animal and of such vehicle and its contents, and
 deposit the same in a safe place or custody, or deliver  the  same  into
 the  possession  of the police or sheriff of the county or place wherein
 such arrest was made, who shall thereupon assume  the  custody  thereof;
 and  all  necessary  expenses incurred in taking charge of such property
 shall be a charge thereon.
   5. Nothing herein contained  shall  restrict  the  rights  and  powers
 derived  from  section one hundred seventeen of this chapter relating to
 seizure of unlicensed dogs and the disposition to be made of animals  so
 seized or taken, nor those derived from any other general or special law
 relating  to  the seizure or other taking of dogs and other animals by a
 society for the prevention of cruelty to animals.
   6. a. If any animal is seized and impounded pursuant to the provisions
 of this section, section three hundred fifty-three-d of this article  or
 section  three hundred seventy-five of this article for any violation of
 this article, upon arraignment of charges, or within a  reasonable  time
 thereafter,  FOR ONE OR MORE OF THE ANIMALS SEIZED the duly incorporated
 society for the prevention of cruelty to animals, humane society, pound,
 animal shelter or any authorized agents thereof, hereinafter referred to
 for the purposes of this section as the "impounding  organization",  may
 file  a  petition with the court requesting that the person from whom an
 animal is seized or the owner of the animal be ordered to post a securi-
 ty. The district attorney prosecuting the charges may  file  and  obtain
 the  requested  relief  on  behalf  of  the  impounding  organization if
 requested to do so by the impounding organization.   The security  shall
 be in an amount sufficient to secure payment for all reasonable expenses
 INCURRED  SINCE  THE  DATE OF SEIZURE AND expected to be incurred by the
 impounding organization in caring and providing for [the animal] ALL THE
 ANIMALS SEIZED pending disposition of the charges FOR ONE OR MORE OF THE
 ANIMALS SEIZED. Reasonable expenses shall include, but  not  be  limited
 to,  estimated medical care and boarding of the SEIZED animal OR ANIMALS

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 for at least thirty days. The amount of the security, if any,  shall  be
 determined by the court after taking into consideration all of the facts
 and  circumstances  of the case including, but not limited to the recom-
 mendation  of the impounding organization having custody and care of the
 seized animal OR ANIMALS and the  cost  of  caring  for  the  animal  OR
 ANIMALS.  If a security has been posted in accordance with this section,
 the impounding organization  may  draw  from  the  security  the  actual
 reasonable  costs  to be incurred by such organization in caring for the
 seized animal OR ANIMALS.
   b. (1) Upon receipt of a petition pursuant  to  paragraph  a  of  this
 subdivision  the  court  shall  set  a  hearing  on  the  petition to be
 conducted within ten business days of the filing of such  petition.  The
 petitioner  shall  serve  a true copy of the petition upon the defendant
 and the district attorney if the district attorney  has  not  filed  the
 petition  on behalf of the petitioner. The petitioner shall also serve a
 true copy of the petition on any interested person. For purposes of this
 subdivision, interested person shall mean  an  individual,  partnership,
 firm,  joint  stock  company, corporation, association, trust, estate or
 other legal entity who the court determines may have a pecuniary  inter-
 est  in  the animal which is the subject of the petition. The petitioner
 or the district attorney acting on behalf of the petitioner, shall  have
 the burden of proving by a preponderance of the evidence that the person
 from  whom  the  animal was seized violated a provision of this article.
 The court may waive for good cause shown the posting of security.
   (2) If the court orders the posting of a security, the security  shall
 be  posted  with the clerk of the court within five business days of the
 hearing provided for in subparagraph one of this  paragraph.  The  court
 may  order  the  immediate forfeiture of the seized animal OR ANIMALS to
 the impounding organization if the person ordered to post  the  security
 fails  to  do  so.  Any  animal  forfeited  shall  be made available for
 adoption or euthanized subject to subdivision  seven-a  of  section  one
 hundred  seventeen of this chapter or section three hundred seventy-four
 of this article.
   (3) In the case of an animal other than a companion animal or pet,  if
 a  person  ordered  to  post  security fails to do so, the court may, in
 addition to the forfeiture  to  a  duly  incorporated  society  for  the
 prevention  of cruelty to animals, humane society, pound, animal shelter
 or any authorized agents thereof, and subject  to  the  restrictions  of
 sections  three  hundred fifty-four, three hundred fifty-seven and three
 hundred seventy-four of this article, order the  animal  which  was  the
 basis  of  the  order  to  be sold, provided that all interested persons
 shall first be provided the opportunity to redeem their interest in  the
 animal  and to purchase the interest of the person ordered to post secu-
 rity, subject to such conditions  as  the  court  deems  appropriate  to
 assure  proper care and treatment of the animal. The court may reimburse
 the person ordered to post security and any interested persons any money
 earned by the sale of the animal  less  any  costs  including,  but  not
 limited  to, veterinary and custodial care. Any animal determined by the
 court to be maimed, diseased, disabled or infirm so as to be  unfit  for
 sale  or  any  useful  purpose shall be forfeited to a duly incorporated
 society for the prevention of cruelty to animals or a duly  incorporated
 humane  society  or  authorized  agents  thereof,  and  be available for
 adoption or shall be euthanized subject to section three hundred  seven-
 ty-four of this article.
   (4) Nothing in this section shall be construed to limit or restrict in
 any  way the rights of a secured party having a security interest in any

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 animal described in this section. This section expressly does not impair
 or subordinate the rights of such a secured  lender  having  a  security
 interest in the animal or in the proceeds from the sale of such animal.
   c.  In no event shall the security prevent the impounding organization
 having custody and care of the animal OR ANIMALS from disposing  of  the
 animal OR ANIMALS pursuant to section three hundred seventy-four of this
 article  prior to the expiration of the thirty day period covered by the
 security if the court makes a determination of the charges  against  the
 person from whom the animal OR ANIMALS was OR WERE seized prior thereto.
 Upon  receipt  of a petition from the impounding organization, the court
 may order the person from whom the animal OR ANIMALS was OR WERE  seized
 or  the  owner  of  the animal OR ANIMALS to post an additional security
 with the clerk of the court to secure payment of reasonable expenses for
 an additional period of time pending a determination by the court of the
 charges against the person from whom the animal OR ANIMALS was  OR  WERE
 seized.  The person who posted the security [shall be entitled to a] MAY
 MAKE  APPLICATION  TO THE COURT FOR A refund of the security in whole or
 part for any expenses not incurred by such impounding organization  upon
 adjudication of the charges. The person who posted the security shall be
 entitled to a [full] refund of the security, [including reimbursement by
 the  impounding  organization  of  any amount allowed by the court to be
 expended] SOLELY TO THE EXTENT THAT THE REASONABLE EXPENSES PAID  THERE-
 FROM  BY THE IMPOUNDING ORGANIZATION EXCEED THE REASONABLE EXPENSES THAT
 WOULD HAVE BEEN INCURRED HAD THE SEIZURE NOT OCCURRED, and the return of
 the animal OR ANIMALS seized and impounded upon acquittal  or  dismissal
 of  [the]  ALL  charges, except (A) where the dismissal is based upon an
 adjournment in contemplation of dismissal pursuant to section 215.30  of
 the  criminal  procedure  law  OR  (B)  WHERE THE PERSON IS CHARGED WITH
 VIOLATIONS OF THIS ARTICLE CONCERNING MORE THAN ONE ANIMAL, AND IS FOUND
 GUILTY, BY PLEA OR OTHERWISE, OF ANY VIOLATION OF THIS ARTICLE REGARDING
 ANY ANIMAL. The court order  directing  such  refund  and  reimbursement
 shall  provide  for payment to be made within a reasonable time from the
 acquittal or dismissal of charges.
   7. Notwithstanding any other provision of this section to the  contra-
 ry,  the  court  may  order  a person charged with any violation of this
 article to provide necessary food,  water,  shelter  and  care  for  any
 animal  which  is  the  basis  of the charge, without the removal of the
 animal from its existing location, until the charges against the  person
 are  adjudicated.   [Until] UPON APPLICATION TO THE COURT, UNTIL a final
 determination of the charges is made, any law enforcement officer, offi-
 cer of a duly incorporated society for  the  prevention  of  cruelty  to
 animals,  or  its  authorized  agents,  [may] SHALL be authorized [by an
 order of the court] to make [regular] SPORADIC,  UNANNOUNCED  visits  to
 where  the  animal is being kept to ascertain if the animal is receiving
 necessary [food, water, shelter and] care IN ACCORDANCE WITH SUBDIVISION
 TWO OF THIS SECTION. Nothing shall prevent any law enforcement  officer,
 officer  of a duly incorporated society for the prevention of cruelty to
 animals, or its authorized agents, from applying for a warrant  pursuant
 to  this  section  to  seize any animal being held by the person charged
 pending the adjudication of the charges if it  is  determined  that  the
 animal  is  not receiving [the] necessary [food, water, shelter or] care
 IN ACCORDANCE WITH SUBDIVISION TWO OF  THIS  SECTION.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  BE INTERPRETED AS PERMITTING THE RETURN OF AN ANIMAL
 SEIZED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHOUT A HEARING  AS
 REQUIRED UNDER SUCH SUBDIVISION.
   § 2. This act shall take effect immediately.