Bill Text: NY S01251 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to orders of protection with respect to companion animals; provides further protection for pets by authorizing the court to order a party to either relinquish a pet or to refrain from any contact with a pet.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S01251 Detail]
Download: New_York-2019-S01251-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1251 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sens. SERINO, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, the criminal procedure law and the domestic relations law, in relation to an order of protection with respect to companion animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 352.3 of the family court act, as 2 amended by chapter 532 of the laws of 2008, is amended to read as 3 follows: 4 (1) Upon the issuance of an order pursuant to section 315.3 or the 5 entry of an order of disposition pursuant to section 352.2, a court may 6 enter an order of protection against any respondent for good cause 7 shown. The order may require that the respondent: (a) stay away from the 8 home, school, business or place of employment of the victims of the 9 alleged offense; or (b) refrain from harassing, intimidating, threaten- 10 ing or otherwise interfering with the victim or victims of the alleged 11 offense and such members of the family or household of such victim or 12 victims as shall be specifically named by the court in such order; or 13 (c) refrain from intentionally injuring or killing, without justifica- 14 tion, any companion animal the respondent knows to be owned, possessed, 15 leased, kept or held by the [person protected by the order] petitioner 16 or a minor child residing in [such person's] the petitioner's or 17 respondent's household. Such order may also grant the petitioner the 18 exclusive care, custody or control of any animal that is owned, 19 possessed, leased, kept or held by the petitioner, the respondent or a 20 minor child residing in the residence or household of the petitioner or 21 the respondent, and order the respondent to stay away from the animal 22 and forbid the respondent from taking, transferring, concealing, harm- 23 ing, or otherwise disposing of the animal. "Companion animal", as used EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03289-01-9S. 1251 2 1 in this subdivision, shall have the same meaning as in subdivision five 2 of section three hundred fifty of the agriculture and markets law. 3 § 2. Paragraph 1 of subdivision (h) of section 446 of the family court 4 act, as amended by chapter 526 of the laws of 2013, is amended to read 5 as follows: 6 1. to refrain from intentionally injuring or killing, without justi- 7 fication, any companion animal the respondent knows to be owned, 8 possessed, leased, kept or held by the [person protected by the order] 9 petitioner or a minor child residing in [such person's] the petitioner's 10 or respondent's household. Such order may also grant the petitioner the 11 exclusive care, custody or control of any animal that is owned, 12 possessed, leased, kept or held by the petitioner, the respondent or a 13 minor child residing in the residence or household of the petitioner or 14 the respondent, and order the respondent to stay away from the animal 15 and forbid the respondent from taking, transferring, concealing, harm- 16 ing, or otherwise disposing of the animal. 17 § 3. Paragraph 1 of subdivision (i) of section 551 of the family court 18 act, as amended by chapter 526 of the laws of 2013, is amended to read 19 as follows: 20 1. to refrain from intentionally injuring or killing, without justi- 21 fication, any companion animal the respondent knows to be owned, 22 possessed, leased, kept or held by the [person protected by the order] 23 petitioner or a minor child residing in [such person's] the petitioner's 24 or respondent's household. Such order may also grant the petitioner the 25 exclusive care, custody or control of any animal that is owned, 26 possessed, leased, kept or held by the petitioner, the respondent or a 27 minor child residing in the residence or household of the petitioner or 28 the respondent, and order the respondent to stay away from the animal 29 and forbid the respondent from taking, transferring, concealing, harm- 30 ing, or otherwise disposing of the animal. 31 § 4. Paragraph 1 of subdivision (i) of section 656 of the family court 32 act, as amended by chapter 526 of the laws of 2013, is amended to read 33 as follows: 34 1. to refrain from intentionally injuring or killing, without justi- 35 fication, any companion animal the respondent knows to be owned, 36 possessed, leased, kept or held by the petitioner or a minor child 37 residing in the petitioner's or respondent's household. Such order may 38 also grant the petitioner the exclusive care, custody or control of any 39 animal that is owned, possessed, leased, kept or held by the petitioner, 40 the respondent or a minor child residing in the residence or household 41 of the petitioner or the respondent, and order the respondent to stay 42 away from the animal and forbid the respondent from taking, trans- 43 ferring, concealing, harming, or otherwise disposing of the animal. 44 § 5. Paragraph 1 of subdivision (h) of section 759 of the family court 45 act, as amended by chapter 532 of the laws of 2008, is amended to read 46 as follows: 47 1. to refrain from intentionally injuring or killing, without justi- 48 fication, any companion animal the respondent knows to be owned, 49 possessed, leased, kept or held by the [person protected by the order] 50 petitioner or a minor child residing in [such person's] the petitioner's 51 or respondent's household. Such order may also grant the petitioner the 52 exclusive care, custody or control of any animal that is owned, 53 possessed, leased, kept or held by the petitioner, the respondent or a 54 minor child residing in the residence or household of the petitioner or 55 the respondent, and order the respondent to stay away from the animalS. 1251 3 1 and forbid the respondent from taking, transferring, concealing, harm- 2 ing, or otherwise disposing of the animal. 3 § 6. Paragraph 1 of subdivision (i) of section 842 of the family court 4 act, as amended by chapter 526 of the laws of 2013, is amended to read 5 as follows: 6 1. to refrain from intentionally injuring or killing, without justi- 7 fication, any companion animal the respondent knows to be owned, 8 possessed, leased, kept or held by the petitioner or a minor child 9 residing in the petitioner's or respondent's household. Such order may 10 also grant the petitioner the exclusive care, custody or control of any 11 animal that is owned, possessed, leased, kept or held by the petitioner, 12 the respondent or a minor child residing in the residence or household 13 of the petitioner or the respondent, and order the respondent to stay 14 away from the animal and forbid the respondent from taking, trans- 15 ferring, concealing, harming, or otherwise disposing of the animal. 16 § 7. Subparagraph 1 of paragraph (g) of subdivision 1 of section 1056 17 of the family court act, as amended by chapter 526 of the laws of 2013, 18 is amended to read as follows: 19 1. to refrain from intentionally injuring or killing, without justi- 20 fication, any companion animal the respondent knows to be owned, 21 possessed, leased, kept or held by the [person protected by the order] 22 petitioner or a minor child residing in [such person's] the petitioner's 23 or respondent's household. Such order may also grant the petitioner the 24 exclusive care, custody or control of any animal that is owned, 25 possessed, leased, kept or held by the petitioner, the respondent or a 26 minor child residing in the residence or household of the petitioner or 27 the respondent, and order the respondent to stay away from the animal 28 and forbid the respondent from taking, transferring, concealing, harm- 29 ing, or otherwise disposing of the animal. 30 § 8. Clause (A) of subparagraph 6 of paragraph (a) of subdivision 1 of 31 section 530.12 of the criminal procedure law, as amended by chapter 526 32 of the laws of 2013, is amended to read as follows: 33 (A) to refrain from intentionally injuring or killing, without justi- 34 fication, any companion animal the defendant knows to be owned, 35 possessed, leased, kept or held by the victim or a minor child residing 36 in the victim's or defendant's household. Such order may also grant the 37 victim the exclusive care, custody or control of any animal that is 38 owned, possessed, leased, kept or held by the victim, the defendant or a 39 minor child residing in the residence or household of the victim or the 40 defendant, and order the defendant to stay away from the animal and 41 forbid the defendant from taking, transferring, concealing, harming, or 42 otherwise disposing of the animal. 43 § 9. Subparagraph 1 of paragraph (c) of subdivision 1 of section 44 530.13 of the criminal procedure law, as added by chapter 253 of the 45 laws of 2006, is amended to read as follows: 46 1. to refrain from intentionally injuring or killing, without justi- 47 fication, any companion animal the defendant knows to be owned, 48 possessed, leased, kept or held by such victim or victims or a minor 49 child residing in such victim's or victims' household. Such order may 50 also grant the victim the exclusive care, custody or control of any 51 animal that is owned, possessed, leased, kept or held by the victim, the 52 defendant or a minor child residing in the residence or household of the 53 victim or the defendant, and order the defendant to stay away from the 54 animal and forbid the defendant from taking, transferring, concealing, 55 harming, or otherwise disposing of the animal.S. 1251 4 1 § 10. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of 2 the domestic relations law, as amended by chapter 526 of the laws of 3 2013, is amended to read as follows: 4 (7) to refrain from intentionally injuring or killing, without justi- 5 fication, any companion animal the respondent knows to be owned, 6 possessed, leased, kept or held by the [person protected by the order] 7 petitioner or a minor child residing in [such person's] the petitioner's 8 or respondent's household. Such order may also grant the petitioner the 9 exclusive care, custody or control of any animal that is owned, 10 possessed, leased, kept or held by the petitioner, the respondent or a 11 minor child residing in the residence or household of the petitioner or 12 the respondent, and order the respondent to stay away from the animal 13 and forbid the respondent from taking, transferring, concealing, harm- 14 ing, or otherwise disposing of the animal. "Companion animal," as used 15 in this section, shall have the same meaning as in subdivision five of 16 section three hundred fifty of the agriculture and markets law; 17 § 11. Paragraph (g) of subdivision 1 of section 252 of the domestic 18 relations law, as amended by chapter 526 of the laws of 2013, is amended 19 to read as follows: 20 (g) to refrain from intentionally injuring or killing, without justi- 21 fication, any companion animal the respondent knows to be owned, 22 possessed, leased, kept or held by the [person protected by the order] 23 petitioner or a minor child residing in [such person's] the petitioner's 24 or respondent's household. Such order may also grant the petitioner the 25 exclusive care, custody or control of any animal that is owned, 26 possessed, leased, kept or held by the petitioner, the respondent or a 27 minor child residing in the residence or household of the petitioner or 28 the respondent, and order the respondent to stay away from the animal 29 and forbid the respondent from taking, transferring, concealing, harm- 30 ing, or otherwise disposing of the animal. "Companion animal," as used 31 in this section, shall have the same meaning as in subdivision five of 32 section three hundred fifty of the agriculture and markets law; 33 § 12. This act shall take effect immediately.