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
________________________________________________________________________
3039
2021-2022 Regular Sessions
IN SENATE
January 27, 2021
___________
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 261 of the laws of 2020, 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; or (d) refrain from remotely controlling any
18 connected devices affecting the home, vehicle or property of the person
19 protected by the order. Such order may also grant the petitioner the
20 exclusive care, custody or control of any animal that is owned,
21 possessed, leased, kept or held by the petitioner, the respondent or a
22 minor child residing in the residence or household of the petitioner or
23 respondent, and order the respondent to stay away from the animal and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00441-01-1
S. 3039 2
1 forbid the respondent from taking, transferring, concealing, harming, or
2 otherwise disposing of the animal. "Companion animal", as used in this
3 subdivision, shall have the same meaning as in subdivision five of
4 section three hundred fifty of the agriculture and markets law.
5 "Connected device", as used in this subdivision, shall mean any device,
6 or other physical object that is capable of connecting to the internet,
7 directly or indirectly, and that is assigned an internet protocol
8 address or bluetooth address.
9 § 2. Paragraph 1 of subdivision (h) of section 446 of the family court
10 act, as amended by chapter 526 of the laws of 2013, is amended to read
11 as follows:
12 1. to refrain from intentionally injuring or killing, without justi-
13 fication, any companion animal the respondent knows to be owned,
14 possessed, leased, kept or held by the [person protected by the order]
15 petitioner or a minor child residing in [such person's] the petitioner's
16 or respondent's household. Such order may also grant the petitioner the
17 exclusive care, custody or control of any animal that is owned,
18 possessed, leased, kept or held by the petitioner, the respondent or a
19 minor child residing in the residence or household of the petitioner or
20 the respondent, and order the respondent to stay away from the animal
21 and forbid the respondent from taking, transferring, concealing, harm-
22 ing, or otherwise disposing of the animal.
23 § 3. Paragraph 1 of subdivision (i) of section 551 of the family court
24 act, as amended by chapter 526 of the laws of 2013, is amended to read
25 as follows:
26 1. to refrain from intentionally injuring or killing, without justi-
27 fication, any companion animal the respondent knows to be owned,
28 possessed, leased, kept or held by the [person protected by the order]
29 petitioner or a minor child residing in [such person's] the petitioner's
30 or respondent's household. Such order may also grant the petitioner the
31 exclusive care, custody or control of any animal that is owned,
32 possessed, leased, kept or held by the petitioner, the respondent or a
33 minor child residing in the residence or household of the petitioner or
34 the respondent, and order the respondent to stay away from the animal
35 and forbid the respondent from taking, transferring, concealing, harm-
36 ing, or otherwise disposing of the animal.
37 § 4. Paragraph 1 of subdivision (i) of section 656 of the family court
38 act, as amended by chapter 526 of the laws of 2013, is amended to read
39 as follows:
40 1. to refrain from intentionally injuring or killing, without justi-
41 fication, any companion animal the respondent knows to be owned,
42 possessed, leased, kept or held by the petitioner or a minor child
43 residing in the petitioner's or respondent's household. Such order may
44 also grant the petitioner the exclusive care, custody or control of any
45 animal that is owned, possessed, leased, kept or held by the petitioner,
46 the respondent or a minor child residing in the residence or household
47 of the petitioner or the respondent, and order the respondent to stay
48 away from the animal and forbid the respondent from taking, trans-
49 ferring, concealing, harming, or otherwise disposing of the animal.
50 § 5. Paragraph 1 of subdivision (h) of section 759 of the family court
51 act, as amended by chapter 261 of the laws of 2020, is amended to read
52 as follows:
53 1. to refrain from intentionally injuring or killing, without justi-
54 fication, any companion animal the respondent knows to be owned,
55 possessed, leased, kept or held by the [person protected by the order]
56 petitioner or a minor child residing in [such person's] the petitioner's
S. 3039 3
1 or respondent's household. Such order may also grant the petitioner the
2 exclusive care, custody or control of any animal that is owned,
3 possessed, leased, kept or held by the petitioner, the respondent or a
4 minor child residing in the residence or household of the petitioner or
5 the respondent, and order the respondent to stay away from the animal
6 and forbid the respondent from taking, transferring, concealing, harm-
7 ing, or otherwise disposing of the animal.
8 § 6. Paragraph 1 of subdivision (i) of section 842 of the family court
9 act, as amended by chapter 335 of the laws of 2019, is amended to read
10 as follows:
11 1. 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 petitioner or a minor child
14 residing in the petitioner's or respondent's household. Such order may
15 also grant the petitioner the exclusive care, custody or control of any
16 animal that is owned, possessed, leased, kept or held by the petitioner,
17 the respondent or a minor child residing in the residence or household
18 of the petitioner or the respondent, and order the respondent to stay
19 away from the animal and forbid the respondent from taking, trans-
20 ferring, concealing, harming, or otherwise disposing of the animal.
21 § 7. Subparagraph 1 of paragraph (g) of subdivision 1 of section 1056
22 of the family court act, as amended by chapter 526 of the laws of 2013,
23 is amended to read as follows:
24 1. to refrain from intentionally injuring or killing, without justi-
25 fication, any companion animal the respondent knows to be owned,
26 possessed, leased, kept or held by the [person protected by the order]
27 petitioner or a minor child residing in [such person's] the petitioner's
28 or respondent's household. Such order may also grant the petitioner the
29 exclusive care, custody or control of any animal that is owned,
30 possessed, leased, kept or held by the petitioner, the respondent or a
31 minor child residing in the residence or household of the petitioner or
32 the respondent, and order the respondent to stay away from the animal
33 and forbid the respondent from taking, transferring, concealing, harm-
34 ing, or otherwise disposing of the animal.
35 § 8. Clause (A) of subparagraph 6 of paragraph (a) of subdivision 1 of
36 section 530.12 of the criminal procedure law, as amended by chapter 526
37 of the laws of 2013, is amended to read as follows:
38 (A) to refrain from intentionally injuring or killing, without justi-
39 fication, any companion animal the defendant knows to be owned,
40 possessed, leased, kept or held by the victim or a minor child residing
41 in the victim's or defendant's household. Such order may also grant the
42 victim the exclusive care, custody or control of any animal that is
43 owned, possessed, leased, kept or held by the victim, the defendant or a
44 minor child residing in the residence or household of the victim or the
45 defendant, and order the defendant to stay away from the animal and
46 forbid the defendant from taking, transferring, concealing, harming, or
47 otherwise disposing of the animal.
48 § 9. Subparagraph 1 of paragraph (c) of subdivision 1 of section
49 530.13 of the criminal procedure law, as added by chapter 261 of the
50 laws of 2020, is amended to read as follows:
51 1. to refrain from intentionally injuring or killing, without justi-
52 fication, any companion animal the defendant knows to be owned,
53 possessed, leased, kept or held by such victim or victims or a minor
54 child residing in such victim's or victims' household. Such order may
55 also grant the victim the exclusive care, custody or control of any
56 animal that is owned, possessed, leased, kept or held by the victim, the
S. 3039 4
1 defendant or a minor child residing in the residence or household of the
2 victim or the defendant, and order the defendant to stay away from the
3 animal and forbid the defendant from taking, transferring, concealing,
4 harming, or otherwise disposing of the animal.
5 § 10. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of
6 the domestic relations law, as amended by chapter 526 of the laws of
7 2013, is amended to read as follows:
8 (7) to refrain from intentionally injuring or killing, without justi-
9 fication, any companion animal the respondent knows to be owned,
10 possessed, leased, kept or held by the [person protected by the order]
11 petitioner or a minor child residing in [such person's] the petitioner's
12 or respondent's household. Such order may also grant the petitioner the
13 exclusive care, custody or control of any animal that is owned,
14 possessed, leased, kept or held by the petitioner, the respondent or a
15 minor child residing in the residence or household of the petitioner or
16 the respondent, and order the respondent to stay away from the animal
17 and forbid the respondent from taking, transferring, concealing, harm-
18 ing, or otherwise disposing of the animal. "Companion animal," as used
19 in this section, shall have the same meaning as in subdivision five of
20 section three hundred fifty of the agriculture and markets law;
21 § 11. Paragraph (g) of subdivision 1 of section 252 of the domestic
22 relations law, as amended by chapter 526 of the laws of 2013, is amended
23 to read as follows:
24 (g) to refrain from intentionally injuring or killing, without justi-
25 fication, any companion animal the respondent knows to be owned,
26 possessed, leased, kept or held by the [person protected by the order]
27 petitioner or a minor child residing in [such person's] the petitioner's
28 or respondent's household. Such order may also grant the petitioner the
29 exclusive care, custody or control of any animal that is owned,
30 possessed, leased, kept or held by the petitioner, the respondent or a
31 minor child residing in the residence or household of the petitioner or
32 the respondent, and order the respondent to stay away from the animal
33 and forbid the respondent from taking, transferring, concealing, harm-
34 ing, or otherwise disposing of the animal. "Companion animal," as used
35 in this section, shall have the same meaning as in subdivision five of
36 section three hundred fifty of the agriculture and markets law;
37 § 12. This act shall take effect immediately.
