[ SHOWGSD-L ] NY Forfeiture Bond Proposal (S3806)

From: Stormy Hope <Stormy435@xxxxxxx>
To: "showgsd-l@xxxxxxxxxxxxx List" <showgsd-l@xxxxxxxxxxxxx>
Date: Mon, 6 Jun 2011 07:43:10 -0700
**Please Cross Post Appropriately**

NY's "guilty until proven innocent" proposal is on next week's Senate  
Finance Committee agenda. Because the proposal's companion bill  
already passed in the NY Assembly, we are looking at a do-or-die  
situation.

NY S3806 Ball (R-Brewster) expands on a highly questionable existing  
state law allowing
pre-trial, pre-sentence, permanent forfeiture of valuable  
animalsâ??personal
propertyâ??if defendants are unable to promptly post high cost  
security bonds to
pre-pay the estimated maintenance cost of holding impounded animals  
pending
resolution of charges. Once forfeited to the private impounding  
organization, pet animals may be killed or sold off at the  
organization's sole discretion.

Many summaries of bill incorrectly refer to S3806 as a proposal to  
"reimburse" humane societies and spca's for costs incurred. THIS IS  
NOT ACCURATE. Private impounding organizations ask for PREPAYMENT of  
their estimated costs.

< http://assembly.state.ny.us/leg/?default_fld=&bn=S03806&term 
11&Summary=Y&Actions=Y&Text=Y 
  >

In reality, defendants in NY are frequently required to post hefty  
security
bonds (tens of thousands of dollars per month in some cases) or face
forfeiture of their animals at arraignment or soon thereafter --  
BEFORE they are able to do a single thing in their
own defense. The defendant's right to due process does not exist these  
cases -- they are penalized (either through loss of their animals or  
financially) long before a judge and jury considers the charges.

Talking points/concerns

S3806 exacerbates and streamlines the above existing serious defect in  
state law by. . .

. . .UNFUNDED MANDATE S3806 [illegally] provides that public servants  
on the public payroll (district
attorneys) appear in court on behalf of private corporations (spca's  
acting as
impounding organizations) during forfeiture hearings. This provision  
is a misuse of public monies and an UNFUNDED MANDATE.

Because the bill will be considered by the Senate Finance Committee,  
please be sure to mention concerns regarding the misuse of public  
monies for an UNFUNDED MANDATE.

. . .Forfeiture hearings are
civil matters, and under existing law district attorneys may NOT act  
in civil matters in NY. It would be illegal for them to do so.

. . .S3806 [illegally] amends the timing of forfeiture hearings,  
giving the prosecution and private impounding organizations more  
flexibility in the timing of their petitions for prepayment of costs.  
Because existing
state law violates the defendant's right to due process, amendments  
regarding
the timing of petitions for forfeiture are also illegal. An illegal  
law cannot
legally be amended.

DFNY has consistently and vigorously opposed this bill, both this year  
and in
prior sessions. 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  
protection of
our civil rights. We are innocent until proven guilty -- there is no  
concept more cherished in our legal tradition.

Please contact the Chair and Vice-Chair of the NYS Senate Committee on  
Finance by Monday afternoon at the latest and
ask them to hold S3806 in committee. Please also contact your own  
state Senator and express your concerns.

Contact info:

Finance Committee
Chairman: Senator John DeFrancisco
Phone: (518) 455-3511
email: jdefranc@ nysenate.gov
fax: (518) 426-6952

Vice Chair: Senator Owen Johnson
Phone: (518) 455-3411
email: ojohnson@ senate.state.ny.us
fax: (518) 426-6973

To find contact information for your own state senator:
http://www.nysenate.gov/senators

This is urgent -- the committee meets on Tuesday, June 7. Phone calls  
and emails must be made on Monday the 6th at the latest.

As always, many thanks for everyone's help! Let's work together to  
prevent yet another illegal, over-reaching, punitive bill from passing  
into law in New York! 
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[ SHOWGSD-L ] NY Forfeiture Bond Proposal (S3806)

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