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NY S05727

Bill

Status

Introduced

6/1/2015

Primary Sponsor

Andrew Lanza

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • Allows impounding organizations to file petitions requesting security deposits from defendants facing animal cruelty charges, either upon issuance of an appearance ticket or within a reasonable time thereafter, or upon arraignment of charges.

  • Security amount must be sufficient to cover reasonable expenses for animal care pending disposition of charges, including estimated medical care and boarding for at least thirty days, as determined by the court.

  • Court must hold a hearing on the petition within ten business days and may consider the impounding organization's recommendations and actual costs of caring for the animal.

  • Allows the district attorney to file petitions on behalf of the impounding organization if requested, and requires the petitioner to prove by preponderance of evidence that the defendant violated animal protection laws.

  • Court may assign counsel to defendants in security posting hearings if they lack representation and are eligible for appointed counsel for the underlying criminal offense, and may waive the security requirement for good cause.

Legislative Description

Provides for the filing and determination of a petition for the posting of security by persons against whom criminal charges are pending as the result of a crime against the animal.

Last Action

COMMITTED TO RULES

6/17/2016

Committee Referrals

Rules6/17/2016
Agriculture6/1/2015

Full Bill Text

No bill text available