Relates to orders of protection with respect to companion animals; provides further protection for pets by authorizing the court to order a party to either relinquish a pet or to refrain from any contact with a pet.
STATE OF NEW YORK
________________________________________________________________________
1251
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
___________
Introduced by Sens. SERINO, TEDISCO -- 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 an order of protection with
respect to companion animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 352.3 of the family court act, as
2 amended by chapter 532 of the laws of 2008, is amended to read as
3 follows:
4 (1) Upon the issuance of an order pursuant to section 315.3 or the
5 entry of an order of disposition pursuant to section 352.2, a court may
6 enter an order of protection against any respondent for good cause
7 shown. The order may require that the respondent: (a) stay away from the
8 home, school, business or place of employment of the victims of the
9 alleged offense; or (b) refrain from harassing, intimidating, threaten-
10 ing or otherwise interfering with the victim or victims of the alleged
11 offense and such members of the family or household of such victim or
12 victims as shall be specifically named by the court in such order; or
13 (c) refrain from intentionally injuring or killing, without justifica-
14 tion, any companion animal the respondent knows to be owned, possessed,
15 leased, kept or held by the [person protected by the order] petitioner
16 or a minor child residing in [such person's] the petitioner's or
17 respondent's household. Such order may also grant the petitioner the
18 exclusive care, custody or control of any animal that is owned,
19 possessed, leased, kept or held by the petitioner, the respondent or a
20 minor child residing in the residence or household of the petitioner or
21 the respondent, and order the respondent to stay away from the animal
22 and forbid the respondent from taking, transferring, concealing, harm-
23 ing, or otherwise disposing of the animal. "Companion animal", as used
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03289-01-9
S. 1251 2
1 in this subdivision, shall have the same meaning as in subdivision five
2 of section three hundred fifty of the agriculture and markets law.
3 § 2. Paragraph 1 of subdivision (h) of section 446 of the family court
4 act, as amended by chapter 526 of the laws of 2013, is amended to read
5 as follows:
6 1. to refrain from intentionally injuring or killing, without justi-
7 fication, any companion animal the respondent knows to be owned,
8 possessed, leased, kept or held by the [person protected by the order]
9 petitioner or a minor child residing in [such person's] the petitioner's
10 or respondent's household. Such order may also grant the petitioner the
11 exclusive care, custody or control of any animal that is owned,
12 possessed, leased, kept or held by the petitioner, the respondent or a
13 minor child residing in the residence or household of the petitioner or
14 the respondent, and order the respondent to stay away from the animal
15 and forbid the respondent from taking, transferring, concealing, harm-
16 ing, or otherwise disposing of the animal.
17 § 3. Paragraph 1 of subdivision (i) of section 551 of the family court
18 act, as amended by chapter 526 of the laws of 2013, is amended to read
19 as follows:
20 1. 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]
23 petitioner or a minor child residing in [such person's] the petitioner's
24 or respondent's household. Such order may also grant the petitioner the
25 exclusive care, custody or control of any animal that is owned,
26 possessed, leased, kept or held by the petitioner, the respondent or a
27 minor child residing in the residence or household of the petitioner or
28 the respondent, and order the respondent to stay away from the animal
29 and forbid the respondent from taking, transferring, concealing, harm-
30 ing, or otherwise disposing of the animal.
31 § 4. Paragraph 1 of subdivision (i) of section 656 of the family court
32 act, as amended by chapter 526 of the laws of 2013, is amended to read
33 as follows:
34 1. to refrain from intentionally injuring or killing, without justi-
35 fication, any companion animal the respondent knows to be owned,
36 possessed, leased, kept or held by the petitioner or a minor child
37 residing in the petitioner's or respondent's household. Such order may
38 also grant the petitioner the exclusive care, custody or control of any
39 animal that is owned, possessed, leased, kept or held by the petitioner,
40 the respondent or a minor child residing in the residence or household
41 of the petitioner or the respondent, and order the respondent to stay
42 away from the animal and forbid the respondent from taking, trans-
43 ferring, concealing, harming, or otherwise disposing of the animal.
44 § 5. Paragraph 1 of subdivision (h) of section 759 of the family court
45 act, as amended by chapter 532 of the laws of 2008, is amended to read
46 as follows:
47 1. to refrain from intentionally injuring or killing, without justi-
48 fication, any companion animal the respondent knows to be owned,
49 possessed, leased, kept or held by the [person protected by the order]
50 petitioner or a minor child residing in [such person's] the petitioner's
51 or respondent's household. Such order may also grant the petitioner the
52 exclusive care, custody or control of any animal that is owned,
53 possessed, leased, kept or held by the petitioner, the respondent or a
54 minor child residing in the residence or household of the petitioner or
55 the respondent, and order the respondent to stay away from the animal
S. 1251 3
1 and forbid the respondent from taking, transferring, concealing, harm-
2 ing, or otherwise disposing of the animal.
3 § 6. Paragraph 1 of subdivision (i) of section 842 of the family court
4 act, as amended by chapter 526 of the laws of 2013, is amended to read
5 as follows:
6 1. to refrain from intentionally injuring or killing, without justi-
7 fication, any companion animal the respondent knows to be owned,
8 possessed, leased, kept or held by the petitioner or a minor child
9 residing in the petitioner's or respondent's household. Such order may
10 also grant the petitioner the exclusive care, custody or control of any
11 animal that is owned, possessed, leased, kept or held by the petitioner,
12 the respondent or a minor child residing in the residence or household
13 of the petitioner or the respondent, and order the respondent to stay
14 away from the animal and forbid the respondent from taking, trans-
15 ferring, concealing, harming, or otherwise disposing of the animal.
16 § 7. Subparagraph 1 of paragraph (g) of subdivision 1 of section 1056
17 of the family court act, as amended by chapter 526 of the laws of 2013,
18 is amended to read as follows:
19 1. to refrain from intentionally injuring or killing, without justi-
20 fication, any companion animal the respondent knows to be owned,
21 possessed, leased, kept or held by the [person protected by the order]
22 petitioner or a minor child residing in [such person's] the petitioner's
23 or respondent's household. Such order may also grant the petitioner the
24 exclusive care, custody or control of any animal that is owned,
25 possessed, leased, kept or held by the petitioner, the respondent or a
26 minor child residing in the residence or household of the petitioner or
27 the respondent, and order the respondent to stay away from the animal
28 and forbid the respondent from taking, transferring, concealing, harm-
29 ing, or otherwise disposing of the animal.
30 § 8. Clause (A) of subparagraph 6 of paragraph (a) of subdivision 1 of
31 section 530.12 of the criminal procedure law, as amended by chapter 526
32 of the laws of 2013, is amended to read as follows:
33 (A) to refrain from intentionally injuring or killing, without justi-
34 fication, any companion animal the defendant knows to be owned,
35 possessed, leased, kept or held by the victim or a minor child residing
36 in the victim's or defendant's household. Such order may also grant the
37 victim the exclusive care, custody or control of any animal that is
38 owned, possessed, leased, kept or held by the victim, the defendant or a
39 minor child residing in the residence or household of the victim or the
40 defendant, and order the defendant to stay away from the animal and
41 forbid the defendant from taking, transferring, concealing, harming, or
42 otherwise disposing of the animal.
43 § 9. Subparagraph 1 of paragraph (c) of subdivision 1 of section
44 530.13 of the criminal procedure law, as added by chapter 253 of the
45 laws of 2006, is amended to read as follows:
46 1. to refrain from intentionally injuring or killing, without justi-
47 fication, any companion animal the defendant knows to be owned,
48 possessed, leased, kept or held by such victim or victims or a minor
49 child residing in such victim's or victims' household. Such order may
50 also grant the victim the exclusive care, custody or control of any
51 animal that is owned, possessed, leased, kept or held by the victim, the
52 defendant or a minor child residing in the residence or household of the
53 victim or the defendant, and order the defendant to stay away from the
54 animal and forbid the defendant from taking, transferring, concealing,
55 harming, or otherwise disposing of the animal.
S. 1251 4
1 § 10. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of
2 the domestic relations law, as amended by chapter 526 of the laws of
3 2013, is amended to read as follows:
4 (7) to refrain from intentionally injuring or killing, without justi-
5 fication, any companion animal the respondent knows to be owned,
6 possessed, leased, kept or held by the [person protected by the order]
7 petitioner or a minor child residing in [such person's] the petitioner's
8 or respondent's household. Such order may also grant the petitioner the
9 exclusive care, custody or control of any animal that is owned,
10 possessed, leased, kept or held by the petitioner, the respondent or a
11 minor child residing in the residence or household of the petitioner or
12 the respondent, and order the respondent to stay away from the animal
13 and forbid the respondent from taking, transferring, concealing, harm-
14 ing, or otherwise disposing of the animal. "Companion animal," as used
15 in this section, shall have the same meaning as in subdivision five of
16 section three hundred fifty of the agriculture and markets law;
17 § 11. Paragraph (g) of subdivision 1 of section 252 of the domestic
18 relations law, as amended by chapter 526 of the laws of 2013, is amended
19 to read as follows:
20 (g) 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]
23 petitioner or a minor child residing in [such person's] the petitioner's
24 or respondent's household. Such order may also grant the petitioner the
25 exclusive care, custody or control of any animal that is owned,
26 possessed, leased, kept or held by the petitioner, the respondent or a
27 minor child residing in the residence or household of the petitioner or
28 the respondent, and order the respondent to stay away from the animal
29 and forbid the respondent from taking, transferring, concealing, harm-
30 ing, or otherwise disposing of the animal. "Companion animal," as used
31 in this section, shall have the same meaning as in subdivision five of
32 section three hundred fifty of the agriculture and markets law;
33 § 12. This act shall take effect immediately.