Bill Text: NY A00111 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the creation of a court appointed advocate for animals.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-01-03 - referred to judiciary [A00111 Detail]

Download: New_York-2023-A00111-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           111

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL, THIELE, SIMON, PAULIN, BURDICK,
          GONZALEZ-ROJAS, MITAYNES, DINOWITZ -- read once and  referred  to  the
          Committee on Judiciary

        AN  ACT  to  amend  the  judiciary law, in relation to the creation of a
          court appointed advocate for animals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The judiciary law is amended by adding a new article 22-B
     2  to read as follows:
     3                                 ARTICLE 22-B
     4                SPECIAL ADVOCATES FOR ANIMAL WELFARE PROGRAM
     5  Section 858-a. Special advocate in proceedings regarding animal welfare.
     6    § 858-a. Special advocate in proceedings regarding animal welfare.  1.
     7  In  any civil or criminal proceeding regarding the welfare of an animal,
     8  the court may order, upon its own initiative or upon request of a  party
     9  or  counsel for a party, that a separate advocate be appointed to repre-
    10  sent the interests of such animal and to help ensure the  well-being  of
    11  any  living  animal  victim.    If  a  court  orders that an advocate be
    12  appointed to represent the interests  of  an  animal,  the  court  shall
    13  appoint  such  advocate  from  a list provided to the court by the chief
    14  judge of the state of New York pursuant  to  subdivision  five  of  this
    15  section.
    16    2. The advocate shall:
    17    (a) monitor the case;
    18    (b)  have  access to relevant files, documents, and reports related to
    19  the case;
    20    (c) review records relating to the condition of  the  animal  and  the
    21  defendant's  actions, including, but not limited to, records from animal
    22  control officers, officers  of  a  duly  incorporated  society  for  the
    23  prevention of cruelty to animals, veterinarians and police officers;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01364-01-3
        A. 111                              2

     1    (d)  share  with attorneys for the state and defendant any information
     2  new to the case or prepared by the  advocate  for  presentation  to  the
     3  court or either party; and
     4    (e)  present information and recommendations to the court pertinent to
     5  determinations that relate to the interests of the animal  in  question,
     6  provided  such information and recommendations result from executing the
     7  duties undertaken pursuant to this  subdivision.  Such  information  and
     8  recommendations  may  be  based upon the knowledge and experience of the
     9  advocate or another specialist with specific  knowledge  and  experience
    10  related to the type of animal involved in the case.
    11    3. The advocate may:
    12    (a)  consult  any individual with information that could aid the judge
    13  or fact finder;
    14    (b) attend hearings; and
    15    (c) as needed and appropriate, provide a victim  impact  statement  to
    16  the court.
    17    4. Advocates shall not have discovery or subpoena powers.
    18    5.  The office of court administration shall maintain a list of attor-
    19  neys and supervised law students who have  indicated  a  willingness  to
    20  serve  as  advocates  under  this  section  on a voluntary basis and are
    21  eligible to do so. Law student advocates shall be supervised in  accord-
    22  ance  with  sections four hundred seventy-eight and four hundred eighty-
    23  four of this chapter and any other  applicable  laws,  rules  and  regu-
    24  lations.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.