New York A 545: Relates to the proper venue for an impounding organization to file a petition for a security

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A00545 Summary:

BILL NOA00545 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPaulin (MS)

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COSPNSRButtenschon, Stirpe, Cruz, Williams, Sayegh, McDonough, DeStefano, Miller, Colton, Steck

&nbsp

MLTSPNSRSimon

&nbsp

Amd §373, Ag & Mkts L

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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.

Go to top A00545 Actions:

BILL NOA00545 

&nbsp

01/08/2025referred to agriculture

01/07/2026referred to agriculture

Go to topA00545 Committee&nbspVotes:

Go to topA00545 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00545 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 545

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. PAULIN, BUTTENSCHON, STIRPE, CRUZ, WILLIAMS,
 SAYEGH, McDONOUGH, DeSTEFANO, MILLER, COLTON, STECK -- Multi-Sponsored
 by -- M. of A. SIMON -- read once and referred to the Committee on
 Agriculture

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02034-01-5

 A. 545 2

 1 a reasonable time thereafter. The district attorney prosecuting the
 2 charges may file and obtain the requested relief on behalf of the
 3 impounding organization if requested to do so by the impounding organ-
 4 ization. The security shall be in an amount sufficient to secure payment
 5 for all reasonable expenses expected to be incurred by the impounding
 6 organization in caring and providing for the animal pending disposition
 7 of the charges. Reasonable expenses shall include, but not be limited
 8 to, estimated medical care and boarding of the animal for at least thir-
 9 ty days. The amount of the security, if any, shall be determined by the
 10 court after taking into consideration all of the facts and circumstances
 11 of the case including, but not limited to the recommendation of the
 12 impounding organization having custody and care of the seized animal and
 13 the cost of caring for the animal. If a security has been posted in
 14 accordance with this section, the impounding organization may draw from
 15 the security the actual reasonable costs to be incurred by such organ-
 16 ization in caring for the seized animal.
 17 (1) Upon receipt of a petition pursuant to paragraph a of this subdi-
 18 vision the court shall set a hearing on the petition to be conducted
 19 within ten business