Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.
STATE OF NEW YORK
________________________________________________________________________
10333--A
IN ASSEMBLY
April 29, 2020
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the domestic relations law and the agriculture and
markets law, in relation to providing for the legal ownership of a
companion animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The domestic relations law is amended by adding a new
2 section 256 to read as follows:
3 § 256. Order to care for companion animal pending final determination;
4 assignment of sole or joint ownership. 1. Notwithstanding any other law
5 to the contrary, the court, at the request of a party to proceedings for
6 dissolution of marriage or for legal separation of the parties, may
7 enter an order prior to the final determination of ownership of a
8 companion animal to require a party to care for the companion animal
9 taking into consideration the well-being of such companion animal. The
10 existence of an order providing for the care of a companion animal
11 during the course of proceedings shall not have any impact on the
12 court's final determination of ownership of the companion animal.
13 2. Notwithstanding any other law, the court, at the request of a party
14 to proceedings for dissolution of marriage or for legal separation of
15 the parties, may assign sole or joint ownership of the companion animal
16 taking into consideration the well-being of the companion animal.
17 3. "Companion animal," as used in this section, shall have the same
18 meaning as in subdivision five of section three hundred fifty of the
19 agriculture and markets law.
20 § 2. The agriculture and markets law is amended by adding a new
21 section 382 to read as follows:
22 § 382. Order to care for companion animal pending final determination.
23 1. Notwithstanding any other law to the contrary, in any proceeding
24 wherein at issue is ownership of a companion animal who currently does
25 or has resided with parties to the lawsuit, the court may enter an order
26 prior to the final determination of ownership of a companion animal to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15878-02-0
A. 10333--A 2
1 require a party to care for the companion animal taking into consider-
2 ation the well-being of such companion animal. The existence of an order
3 providing for the care of a companion animal during the course of
4 proceedings shall not have any impact on the court's final determination
5 of ownership of such companion animal.
6 2. Notwithstanding any other law to the contrary, in any proceeding
7 wherein at issue is ownership of a companion animal who currently does
8 or has resided with parties to the lawsuit, the court may assign sole or
9 joint ownership of the companion animal taking into consideration the
10 well-being of such companion animal.
11 3. "Companion animal" as used in this section shall have the same
12 meaning as provided in subdivision five of section three hundred fifty
13 of this article.
14 § 3. This act shall take effect on the thirtieth day after it shall
15 have become a law.