NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A111
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the judiciary law, in relation to the creation of a
court appointed advocate for animals
PURPOSE:
This bill would allow judges to appoint special advocates in cases
involving the welfare of an animal.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the judiciary law by adding a new article 22-b.
Section two sets forth the effective date.
JUSTIFICATION:
Crimes against animals often go =prosecuted or result in lenient punish-
ments, both of which put animals in danger. We also know that those who
abuse animals will often go on to harm humans. In fact, the Federal
Bureau of Investigation began tracking cases of animal abuse in 2017 in
the National Incident-Based Reporting System (NIBRS) because of the
demonstrated link between animal abuse and human violence. Animals do
not have a voice within the courtroom and not all lawyers are experi-
enced in the area of animal welfare.
This bill would allow New York State judges to appoint special advocates
to represent the interests of animals in cases involving animal welfare,
much like the courts do for children and other vulnerable crime victims.
The advocates will monitor the case, review pertinent information and
documents from veterinarians, animal control, and police officers and
attend hearings, among other. Ultimately, these advocates will provide
a voice for abused- and neglected animals within the courtroom and work
to ensure the best interests of the animals are served.
LEGISLATIVE HISTORY:
2021-22: A.5315 - Referred to Judiciary; S.3525-A - Referred to Judici-
ary
2019-20: A.25 - Referred to Judiciary; S.3027 - Referred to Judiciary
2017-18: A.9701 - Referred to Judiciary
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
180 days.
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.
