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.
STATE OF NEW YORK
________________________________________________________________________
5514
2025-2026 Regular Sessions
IN SENATE
February 24, 2025
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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
S. 5514 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.
