A00767 Summary:

BILL NOA00767
 
SAME ASSAME AS S01251
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd 352.3, 446, 551, 656, 759, 842 & 1056, Fam Ct Act; amd 530.12 & 530.13, CP L; amd 240 & 252, Dom Rel L
 
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.
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A00767 Actions:

BILL NOA00767
 
01/10/2019referred to judiciary
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A00767 Committee Votes:

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A00767 Floor Votes:

There are no votes for this bill in this legislative session.
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A00767 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A767
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: This bill extends protections to the pets of victims of domestic abuse by giving the court discretion to forbid contact between the abuser and any pet that is cared for by the victim.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 352.3 of the family court act to give the court discretion to order the respondent to give up custody of a compan- ion animal they own, and allow the petitioner or another designated party to maintain custody of the companion animal. It also gives the court discretion to forbid any contact between the respondent and any companion animal belonging to either party or a minor child residing in the household, or a designated party with custody of said animal. Section two amends section 446 of the family court act by adding the same provisions as section one of this bill. Section three amends section 551 of the family court act by adding the same provisions as section one of this bill. Section four amends section 656 of the family court act by adding the same provisions as section 1 of this bill. Section five amends section 759 of the family court act by adding the same provisions as section 1 of this bill. Section six amends section 842 of the family court act by adding the same provisions as section 1 of this bill. Section seven amends section 1056 of the family court act by adding the same provisions as section I of this bill. Section eight amends section 530.12 of the criminal procedure law by adding the same provisions as section 1 of this bill. Section nine amends section 530.13 of the criminal procedure law by adding similar provisions to section 1 of this bill. The provision where the respondent may be required to give up custody of any pet they own was not included because this section of law does not deal with "members of the same family or household," as defined in section 530.11 of the criminal procedure law. Section ten amends section 240 of the domestic relations law by adding the same provisions as section I of this bill. Section eleven amends section 252 of the domestic relations law by adding the same provisions as section 1 of this bill. Section twelve sets forth the effective date.   JUSTIFICATION: Study after study has linked domestic abuse with animal abuse. A study by the American Humane Association found that 71% of pet-owning women entering women's shelters reported that their barterer had injured, maimed, killed or threatened family pets for revenge or to psychologi- cally control their victim. The fact is, the peOpknvho are capable of harming their significant others are almost certainly capable of harming their pets. Unfortunately, rnanYi abusers can hold this over their victims. According to the Urban Resource Institute, 48% of victims of domestic violence do not leave their abuser because they fear what would happen to their pet. This bill seeks to empower those who desperately need to get away from their abuser, but are too selfless and concerned that they will have to leave their pet behind. Currently, orders of protection only prohibit the respondent from inten- tionally injuring or killing a pet belonging to the petitioner or a minor child in their household. Knowing that the petitioner has violated the order of protection would serve little comfort in the tragic event that someone lost their pet. For this reason, more needs to be done to prevent that from happening by giving the court discretion to forbid any contact between the respondent and the pet. Furthermore, it is imper- ative that the court has the discretion when issuing the order of protection to extend it so that it explicitly covers not only pets owned by the victim or a minor child in the household, but also any pets that may be legally owned by the abuser but in practice are shared with the victim. People can easily grow attached to the pets of their significant others, and a pet owned by their partner would certainly be a concern of theirs when considering leaving an abusive relationship, regardless of who legally owns the pet. States such as California, New Jersey, Ohio, Massachusetts, and many others have already recognized the need for such provisions. The American Humane Association found that 98% of Americans consider their pet to be a part of their family, and victims of violence should not be forced to abandon a part of their family in order to escape their abuser.   LEGISLATIVE HISTORY: 2017-18: A.668-A - Referred to Judiciary; S.2167-A - Passed Senate 2015-16: A.I0661 - Referred to Judiciary; S.7394-A - Passed Senate   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect immediately.
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A00767 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           767
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary
 
        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

        A. 767                              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

        A. 767                              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.

        A. 767                              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.
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