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NY S08543
Bill
Status
2/12/2024
Primary Sponsor
Michael Gianaris
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AI Summary
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Establishes a civil remedy in New York Supreme Court allowing authorized agents (police officers and animal cruelty prevention society officers) to petition for court orders to ensure proper care of companion animals found to be mistreated or improperly cared for.
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Authorizes authorized agents to issue written notice to owners or caretakers requiring them to provide proper food, water, shelter, and veterinary care within a specified timeframe, and to petition for an ex-parte emergency care and inspection order upon non-compliance.
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Requires the court to hold an animal care hearing within 10 calendar days of issuing an emergency order, where the authorized agent must prove by preponderance of the evidence that the animal was mistreated or improperly cared for and the owner is unable or unwilling to provide adequate care.
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Allows the court to order immediate forfeiture of the animal to an impounding organization and prohibit the owner from possessing other companion animals for a court-determined period, with the owner required to post a supersedeas bond covering at least 180 days of reasonable care costs.
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Permits appeals to the appellate division within 10 calendar days of forfeiture, with a second supersedeas bond required if a continuance is granted; forfeited animals cannot be adopted or disposed of during appeal unless euthanasia is necessary to prevent suffering or danger.
Legislative Description
Establishes a civil remedy for the protection of animals denied proper care by creating a special proceeding in the supreme court that will hold owners and caretakers liable if such animals under their care are mistreated.
Last Action
REFERRED TO AGRICULTURE
2/12/2024