[ SHOWGSD-L ] NY: Alert! A3168 and A3765 security bonds and animal forfeiture

From: stormy435 <stormy435@xxxxxxx>
To: "showgsd-l@xxxxxxxxxxxxx" <showgsd-l@xxxxxxxxxxxxx>
Date: Mon, 23 Feb 2009 10:41:13 -0800
NY:  Alert!  A3168 and A3765 security bonds and animal forfeiture
**please cross post**

The agenda for the Tuesday, Feb. 24 meeting of the New York State
Assembly Committee on Agriculture includes--

A3168 (Bradley-D) Mandates hearings regarding the order of security
to a shelter, humane society, society for the prevention of cruelty to
animals or other organization or agency that provides care for animals
seized by the state

http://assembly.state.ny.us/leg/?bn 3168&sh=t

and

A3765 (Englebright-D)Authorizes the district attorney bringing animal
abuse charges to petition for the posting of security for the care of
the abused animal on behalf of the impounding organization

http://assembly.state.ny.us/leg/?bn 3765&sh=t

(background: In New York, state law permits, but currently does not
require, that a security bond be posted by defendants in animal
cruelty cases to cover expenses anticipated by the impounding
organization that has custody of their animals. This means that prior
to adjudication of their case--before they have a chance to defend
themselves--defendants facing unproven allegations may be required to
post a bond of many thousands of dollars within five days, or face
forfeiture of their animals. Forfeited animals may be put down or
sold, at the discretion of the impounding organization.)

Both of the above bills seek to expand current law--a law which we
believe to be illegal and unconstitutional on its face. The
presumption of innocence, and the right to due process, are key
components of the judiciary system and NY's existing security bond
provisions are at sharp odds with these concepts.

Furthermore, both bills allow New York's district attorneys--who are
elected officials charged with representing the People of the State of
New York--to represent private, not-for-profit corporations. This is
illegal. DA's may not represent private corporations. It would be
illegal if they were to do so, and an abuse of the district attorney's
office.

Additionally, petitions for security bonds are a civil matter.
District attorneys may not act in civil cases. It would be illegal if
they were to do so, and an abuse of the district attorney's office.

Finally, because petitions for security bonds are civil matters,
defendants may be denied access to legal representation. NY's public
defenders do not act in civil matters.

We believe that all responsible owners of animals share a concern for
the well being of pets and livestock. Under the law, we are explicitly
required to provide for their welfare and should be held accountable
if we fail. However, our concerns cannot drive us to surrender the
protections of our civil liberties that the U. S. Constitution and New
York State law affords.

Because time is so short, please take a moment to immediately
telephone, email, or fax the NYS Assembly Committee on Agriculture
Chairman, Hon. William Magee, and express your concerns regarding the
above two bills.

Tel: 518-455-4807
Fax: 518-455-5237
Email: MageeW@xxxxxxxxxxxxxxxxxxxx

If you email or fax, please also copy the NYS Assembly Speaker, Hon.
Sheldon Silver.

Fax: 518-455-5459
email: Speaker@xxxxxxxxxxxxxxxxxxxx

many thanks!
Mahlon Goer
Dog Federation of New York
www.DogFederationofNewYork.org
--
Stormy Hope
carpoc.org
GSDCA Member
And more clubs

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[ SHOWGSD-L ] NY: Alert! A3168 and A3765 security bonds and animal forfeiture

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