Authorizes courts, upon issuance of an order of protection, to order exclusive care, custody, and control of certain companion animals be granted to the petitioner
STATE OF NEW YORK
________________________________________________________________________
8035
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. SKOUFIS -- 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 authorizing courts, upon
issuance of an order of protection, to order exclusive care, custody,
and control of certain companion animals be granted to the petitioner
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 812 of
2 the family court act, as amended by chapter 541 of the laws of 2024, is
3 amended to read as follows:
4 The family court and the criminal courts shall have concurrent juris-
5 diction over any proceeding concerning acts which would constitute
6 disorderly conduct, unlawful dissemination or publication of an intimate
7 image, harassment in the first degree, harassment in the second degree,
8 aggravated harassment in the second degree, sexual misconduct, forcible
9 touching, sexual abuse in the third degree, sexual abuse in the second
10 degree as set forth in subdivision one of section 130.60 of the penal
11 law, stalking in the first degree, stalking in the second degree, stalk-
12 ing in the third degree, stalking in the fourth degree, criminal
13 mischief, menacing in the second degree, menacing in the third degree,
14 reckless endangerment, criminal obstruction of breathing or blood circu-
15 lation, strangulation in the second degree, strangulation in the first
16 degree, assault in the second degree, assault in the third degree, an
17 attempted assault, identity theft in the first degree, identity theft in
18 the second degree, identity theft in the third degree, grand larceny in
19 the fourth degree, grand larceny in the third degree, coercion in the
20 second degree or coercion in the third degree as set forth in subdivi-
21 sions one, two and three of section 135.60 of the penal law between
22 spouses or former spouses, or between parent and child or between
23 members of the same family or household except that if the respondent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13066-01-5
S. 8035 2
1 would not be criminally responsible by reason of age pursuant to section
2 30.00 of the penal law, then the family court shall have exclusive
3 jurisdiction over such proceeding. The family court and the criminal
4 courts shall also have concurrent jurisdiction over any proceeding
5 concerning acts which would constitute animal cruelty as set forth in
6 section three hundred fifty-three of the agriculture and markets law,
7 aggravated animal cruelty as set forth in section three hundred fifty-
8 three-a of the agriculture and markets law, or sexual misconduct with an
9 animal as set forth in subdivision four of section 130.20 of the penal
10 law when perpetrated against an animal owned, possessed, or residing
11 with a spouse or former spouse of the respondent, a child of the
12 respondent, or a member of the same family or household as the respond-
13 ent. Notwithstanding a complainant's election to proceed in family
14 court, the criminal court shall not be divested of jurisdiction to hear
15 a family offense proceeding pursuant to this section. In any proceeding
16 pursuant to this article, a court shall not deny an order of protection,
17 or dismiss a petition, solely on the basis that the acts or events
18 alleged are not relatively contemporaneous with the date of the peti-
19 tion, the conclusion of the fact-finding or the conclusion of the dispo-
20 sitional hearing. For purposes of this article, "disorderly conduct"
21 includes disorderly conduct not in a public place. For purposes of this
22 article, "members of the same family or household" shall mean the
23 following:
24 § 2. Paragraph (a) of subdivision 1 of section 821 of the family court
25 act, as amended by section 6 of part NN of chapter 55 of the laws of
26 2018, is amended to read as follows:
27 (a) An allegation that the respondent assaulted or attempted to
28 assault [his or her] such respondent's spouse, or former spouse, parent,
29 child or other member of the same family or household or engaged in
30 disorderly conduct, harassment, sexual misconduct, forcible touching,
31 sexual abuse in the third degree, sexual abuse in the second degree as
32 set forth in subdivision one of section 130.60 of the penal law, stalk-
33 ing, criminal mischief, menacing, reckless endangerment, criminal
34 obstruction of breathing or blood circulation, strangulation, identity
35 theft in the first degree, identity theft in the second degree, identity
36 theft in the third degree, grand larceny in the fourth degree, grand
37 larceny in the third degree, coercion in the second degree or coercion
38 in the third degree as set forth in subdivisions one, two and three of
39 section 135.60 of the penal law, toward any such person, or an allega-
40 tion the respondent perpetrated animal cruelty as set forth in section
41 three hundred fifty-three of the agriculture and markets law, aggravated
42 animal cruelty as set forth in section three hundred fifty-three-a of
43 the agriculture and markets law, or sexual misconduct with an animal as
44 set forth in subdivision four of section 130.20 of the penal law against
45 an animal owned, possessed, or residing with a spouse or former spouse
46 of the respondent, a child of the respondent, or a member of the same
47 family or household as the respondent;
48 § 3. Subparagraph 6 of paragraph (a) of subdivision 1 of 530.12 of the
49 criminal procedure law, as amended by chapter 526 of the laws of 2013,
50 is amended to read as follows:
51 (6) (A) to grant the petitioner the exclusive care, custody, or
52 control of any companion animal owned, possessed, leased, kept, or held
53 by either the petitioner or the respondent or a minor child residing in
54 the residence or household of either the petitioner or the respondent
55 and order the respondent to stay away from the companion animal and
S. 8035 3
1 forbid the respondent from taking, transferring, encumbering, conceal-
2 ing, harming, or otherwise disposing of the companion animal.
3 (B) to refrain from intentionally injuring or killing, without justi-
4 fication, any companion animal the defendant knows to be owned,
5 possessed, leased, kept or held by the victim or a minor child residing
6 in the household.
7 [(B)] (C) "Companion animal", as used in this section, shall have the
8 same meaning as in subdivision five of section three hundred fifty of
9 the agriculture and markets law;
10 § 4. Subdivision (h) of section 446 of the family court act, as
11 amended by chapter 526 of the laws of 2013, is amended to read as
12 follows:
13 (h) 1. to grant the petitioner the exclusive care, custody, or control
14 of any companion animal owned, possessed, leased, kept, or held by
15 either the petitioner or the respondent or a minor child residing in the
16 residence or household of either the petitioner or the respondent and
17 order the respondent to stay away from the companion animal and forbid
18 the respondent from taking, transferring, encumbering, concealing, harm-
19 ing, or otherwise disposing of the companion animal.
20 2. 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 or
23 a minor child residing in such person's household.
24 [2.] 3. "Companion animal", as used in this section, shall have the
25 same meaning as in subdivision five of section three hundred fifty of
26 the agriculture and markets law;
27 § 5. Subdivision (i) of section 551 of the family court act, as
28 amended by chapter 526 of the laws of 2013, is amended to read as
29 follows:
30 (i) 1. to grant the petitioner the exclusive care, custody, or control
31 of any companion animal owned, possessed, leased, kept, or held by
32 either the petitioner or the respondent or a minor child residing in the
33 residence or household of either the petitioner or the respondent and
34 order the respondent to stay away from the companion animal and forbid
35 the respondent from taking, transferring, encumbering, concealing, harm-
36 ing, or otherwise disposing of the companion animal.
37 2. to refrain from intentionally injuring or killing, without justi-
38 fication, any companion animal the respondent knows to be owned,
39 possessed, leased, kept or held by the person protected by the order or
40 a minor child residing in such person's household.
41 [2.] 3. "Companion animal", as used in this section, shall have the
42 same meaning as in subdivision five of section three hundred fifty of
43 the agriculture and markets law;
44 § 6. Subdivision (i) of section 656 of the family court act, as
45 amended by chapter 526 of the laws of 2013, is amended to read as
46 follows:
47 (i) 1. to grant the petitioner the exclusive care, custody, or control
48 of any companion animal owned, possessed, leased, kept, or held by
49 either the petitioner or the respondent or a minor child residing in the
50 residence or household of either the petitioner or the respondent and
51 order the respondent to stay away from the companion animal and forbid
52 the respondent from taking, transferring, encumbering, concealing, harm-
53 ing, or otherwise disposing of the companion animal.
54 2. to refrain from intentionally injuring or killing, without justi-
55 fication, any companion animal the respondent knows to be owned,
S. 8035 4
1 possessed, leased, kept or held by the petitioner or a minor child
2 residing in the household.
3 [2.] 3. "Companion animal", as used in this section, shall have the
4 same meaning as in subdivision five of section three hundred fifty of
5 the agriculture and markets law;
6 § 7. Subdivision (i) of section 842 of the family court act, as
7 amended by chapter 335 of the laws of 2019, is amended to read as
8 follows:
9 (i) 1. to grant the petitioner the exclusive care, custody, or control
10 of any companion animal owned, possessed, leased, kept, or held by
11 either the petitioner or the respondent or a minor child residing in the
12 residence or household of either the petitioner or the respondent and
13 order the respondent to stay away from the companion animal and forbid
14 the respondent from taking, transferring, encumbering, concealing, harm-
15 ing, or otherwise disposing of the companion animal.
16 2. to refrain from intentionally injuring or killing, without justi-
17 fication, any companion animal the respondent knows to be owned,
18 possessed, leased, kept or held by the petitioner or a minor child
19 residing in the household.
20 [2.] 3. "Companion animal", as used in this section, shall have the
21 same meaning as in subdivision five of section three hundred fifty of
22 the agriculture and markets law;
23 § 8. Paragraph (g) of subdivision 1 of section 1056 of the family
24 court act, as amended by chapter 526 of the laws of 2013, is amended to
25 read as follows:
26 (g) 1. to grant the petitioner the exclusive care, custody, or control
27 of any companion animal owned, possessed, leased, kept, or held by
28 either the petitioner or the respondent or a minor child residing in the
29 residence or household of either the petitioner or the respondent and
30 order the respondent to stay away from the companion animal and forbid
31 the respondent from taking, transferring, encumbering, concealing, harm-
32 ing, or otherwise disposing of the companion animal.
33 2. to refrain from intentionally injuring or killing, without justi-
34 fication, any companion animal the respondent knows to be owned,
35 possessed, leased, kept or held by the person protected by the order or
36 a minor child residing in such person's household.
37 [2.] 3. "Companion animal", as used in this section, shall have the
38 same meaning as in subdivision five of section three hundred fifty of
39 the agriculture and markets law;
40 § 9. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of
41 the domestic relations law, as amended by chapter 526 of the laws of
42 2013, is amended to read as follows:
43 (7) (i) to grant the petitioner the exclusive care, custody, or
44 control of any companion animal owned, possessed, leased, kept, or held
45 by either the petitioner or the respondent or a minor child residing in
46 the residence or household of either the petitioner or the respondent
47 and order the respondent to stay away from the companion animal and
48 forbid the respondent from taking, transferring, encumbering, conceal-
49 ing, harming, or otherwise disposing of the companion animal.
50 (ii) to refrain from intentionally injuring or killing, without justi-
51 fication, any companion animal the respondent knows to be owned,
52 possessed, leased, kept or held by the person protected by the order or
53 a minor child residing in such person's household.
54 (iii) "Companion animal," as used in this section, shall have the same
55 meaning as in subdivision five of section three hundred fifty of the
56 agriculture and markets law;
S. 8035 5
1 § 10. Paragraph (g) of subdivision 1 of section 252 of the domestic
2 relations law, as amended by chapter 526 of the laws of 2013, is amended
3 to read as follows:
4 (g) (1) to grant the petitioner the exclusive care, custody, or
5 control of any companion animal owned, possessed, leased, kept, or held
6 by either the petitioner or the respondent or a minor child residing in
7 the residence or household of either the petitioner or the respondent
8 and order the respondent to stay away from the companion animal and
9 forbid the respondent from taking, transferring, encumbering, conceal-
10 ing, harming, or otherwise disposing of the companion animal.
11 (2) to refrain from intentionally injuring or killing, without justi-
12 fication, any companion animal the respondent knows to be owned,
13 possessed, leased, kept or held by the person protected by the order or
14 a minor child residing in such person's household.
15 (3) "Companion animal," as used in this section, shall have the same
16 meaning as in subdivision five of section three hundred fifty of the
17 agriculture and markets law;
18 § 11. The opening paragraph of subdivision 1 of section 530.11 of the
19 criminal procedure law, as amended by chapter 541 of the laws of 2024,
20 is amended to read as follows:
21 The family court and the criminal courts shall have concurrent juris-
22 diction over any proceeding concerning acts which would constitute
23 disorderly conduct, unlawful dissemination or publication of an intimate
24 image, harassment in the first degree, harassment in the second degree,
25 aggravated harassment in the second degree, sexual misconduct, forcible
26 touching, sexual abuse in the third degree, sexual abuse in the second
27 degree as set forth in subdivision one of section 130.60 of the penal
28 law, stalking in the first degree, stalking in the second degree, stalk-
29 ing in the third degree, stalking in the fourth degree, criminal
30 mischief, menacing in the second degree, menacing in the third degree,
31 reckless endangerment, strangulation in the first degree, strangulation
32 in the second degree, criminal obstruction of breathing or blood circu-
33 lation, assault in the second degree, assault in the third degree, an
34 attempted assault, identity theft in the first degree, identity theft in
35 the second degree, identity theft in the third degree, grand larceny in
36 the fourth degree, grand larceny in the third degree, coercion in the
37 second degree or coercion in the third degree as set forth in subdivi-
38 sions one, two and three of section 135.60 of the penal law between
39 spouses or former spouses, or between parent and child or between
40 members of the same family or household except that if the respondent
41 would not be criminally responsible by reason of age pursuant to section
42 30.00 of the penal law, then the family court shall have exclusive
43 jurisdiction over such proceeding. The family court and the criminal
44 courts shall also have concurrent jurisdiction over any proceeding
45 concerning acts which would constitute animal cruelty as set forth in
46 section three hundred fifty-three of the agriculture and markets law,
47 aggravated animal cruelty as set forth in section three hundred fifty-
48 three-a of the agriculture and markets law, or sexual misconduct with an
49 animal as set forth in subdivision four of section 130.20 of the penal
50 law when perpetrated against an animal owned, possessed, or residing
51 with a spouse or former spouse of the respondent, a child of the
52 respondent, or a member of the same family or household as the respond-
53 ent. Notwithstanding a complainant's election to proceed in family
54 court, the criminal court shall not be divested of jurisdiction to hear
55 a family offense proceeding pursuant to this section. For purposes of
56 this section, "disorderly conduct" includes disorderly conduct not in a
S. 8035 6
1 public place. For purposes of this section, "members of the same family
2 or household" with respect to a proceeding in the criminal courts shall
3 mean the following:
4 § 12. This act shall take effect immediately.
