S06027 Summary:

BILL NOS06027A
 
SAME ASNo Same As
 
SPONSORBRISPORT
 
COSPNSRSALAZAR
 
MLTSPNSR
 
Add §11-108, Gen Ob L
 
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.
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S06027 Actions:

BILL NOS06027A
 
03/30/2021REFERRED TO JUDICIARY
05/12/2021AMEND AND RECOMMIT TO JUDICIARY
05/12/2021PRINT NUMBER 6027A
05/18/20211ST REPORT CAL.1084
05/20/20212ND REPORT CAL.
05/24/2021ADVANCED TO THIRD READING
06/10/2021COMMITTED TO RULES
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S06027 Committee Votes:

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S06027 Floor Votes:

There are no votes for this bill in this legislative session.
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S06027 Memo:

Memo not available
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S06027 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6027--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     March 30, 2021
                                       ___________
 
        Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the general obligations law, in relation to establishing
          a  cause  of  action  in tort for the wrongful injury to or death 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  general  obligations  law is amended by adding a new
     2  section 11-108 to read as follows:
     3    § 11-108. Wrongful injury or death of companion animal. 1. As used  in
     4  this section:
     5    (a)  the  term  "companion animal" shall have the same meaning as such
     6  term is defined in subdivision five of section three  hundred  fifty  of
     7  the agriculture and markets law; and
     8    (b)  the  terms  "physical injury" and "serious physical injury" shall
     9  have the same meaning as such terms are defined in subdivisions nine and
    10  ten, respectively, of section 10.00 of the penal law.
    11    2. A person who with no justifiable purpose intentionally,  recklessly
    12  or  negligently,  by  act  or  omission  causes the death of a companion
    13  animal shall be liable in damages for: the fair monetary  value  of  the
    14  deceased  companion  animal  to  his  or  her  owner; mental distress or
    15  emotional harm suffered by the owner or members of the owner's household
    16  caused by the death of the companion animal; the expenses of  veterinary
    17  and  other  special  medical care required; and other reasonable damages
    18  resulting from the intentional, reckless or negligent act or omission.
    19    3. A person who with no justifiable purpose intentionally,  recklessly
    20  or  negligently,  by  act  or omission causes physical injury or serious
    21  physical injury to a companion animal shall be liable  in  damages  for:
    22  the  expenses  of  veterinary  and  other special medical care required;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07612-04-1

        S. 6027--A                          2
 
     1  mental distress or emotional harm suffered by the owner  or  members  of
     2  the  owner's household caused by the physical injury or serious physical
     3  injury to the companion animal; and other reasonable  damages  resulting
     4  from the intentional, reckless or negligent act or omission.
     5    4. A person who with no justifiable purpose intentionally or reckless-
     6  ly,  by act or omission causes the serious physical injury or death of a
     7  companion animal may be liable in punitive damages.
     8    5. In any action brought under  this  section,  the  court  may  award
     9  reasonable attorneys' fees to a prevailing plaintiff.
    10    6. An action for recovery of damages under this section may be brought
    11  in any court of competent jurisdiction.
    12    §  2. This act shall take effect immediately and shall apply to causes
    13  of action under section 11-108 of the general obligations law  as  added
    14  by section one of this act which arise on or after such date.
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