Includes consideration of evidence of recent acts of aggravated cruelty to animals as a factor to be considered when determining whether grounds for a temporary extreme risk protection order exist.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6556
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to includ-
ing consideration of evidence of recent acts of aggravated cruelty to
animals as a factor to be considered when determining whether grounds
for a temporary extreme risk protection order exist
SUMMARY OF PROVISIONS:
Section one amends Civil Practice Law section 6342 to add "recent acts
of aggravated cruelty to animals as defined in Agriculture and Markets
Law section 353-A" to the list of considerations used by a court to
determine whether to issue a temporary extreme risk protection order. .
Section two is the effective date.
JUSTIFICATION:
Currently, Civil Practice Law lists criteria for courts to consider when
determining whether to issue a temporary extreme risk protection order
(TERPO.) These include but are not limited to threats of physical force,
reckless use or brandishing of firearms, recent or ongoing substance or
alcohol abuse, or other considerations. While the court may consider
other unlisted factors at its discretion, four states have explicitly
added animal cruelty to their statutes as this bill would do.
Both academic and law enforcement sources recognize a link between
cruelty to animals and violence against people. A 2021 article in the
FBI's Law Enforcement Bulletin characterizes recent research into animal
abuse as showing "a well-documented link that it is a predictive or
co-occurring crime with violence against humans...and is associated with
other types of violent offenses," noting that increased awareness of
this connection "strengthens the identification and reduction of such
crimes."
The National Sheriffs' Association similarly notes the connection
between animal and human violence, including that 60% of families under
investigation for child abuse and 88% of those specifically investigated
for physical child abuse also reported instances of animal cruelty. New
York law recognizes this link in Family Court Act section 842, allowing
companion animals to be included in orders of protection. Expanding the
TERPO criteria to explicitly include cruelty to animals is an important
step in protecting New Yorkers by recognizing the strong connection to
violence against people.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6556
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to includ-
ing consideration of evidence of recent acts of aggravated cruelty to
animals as a factor to be considered when determining whether grounds
for a temporary extreme risk protection order exist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 6342 of the civil practice law
2 and rules, as added by chapter 19 of the laws of 2019, is amended to
3 read as follows:
4 2. In determining whether grounds for a temporary extreme risk
5 protection order exist, the court shall consider any relevant factors
6 including, but not limited to, the following acts of the respondent:
7 (a) a threat or act of violence or use of physical force directed
8 toward self, the petitioner, or another person;
9 (b) a violation or alleged violation of an order of protection;
10 (c) any pending charge or conviction for an offense involving the use
11 of a weapon;
12 (d) the reckless use, display or brandishing of a firearm, rifle or
13 shotgun;
14 (e) any history of a violation of an extreme risk protection order;
15 (f) evidence of recent or ongoing abuse of controlled substances or
16 alcohol; [or]
17 (g) evidence of recent acquisition of a firearm, rifle, shotgun or
18 other deadly weapon or dangerous instrument, or any ammunition there-
19 for[.]; or
20 (h) evidence of recent acts of aggravated cruelty to animals as
21 defined in section three hundred fifty-three-a of the agriculture and
22 markets law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10188-01-5
A. 6556 2
1 In considering the factors under this subdivision, the court shall
2 consider the time that has elapsed since the occurrence of such act or
3 acts and the age of the person at the time of the occurrence of such act
4 or acts.
5 For the purposes of this subdivision, "recent" means within the six
6 months prior to the date the petition was filed.
7 § 2. This act shall take effect immediately.
