S03039 Summary:

BILL NOS03039
 
SAME ASSAME AS A00510
 
SPONSORSERINO
 
COSPNSRTEDISCO
 
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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S03039 Actions:

BILL NOS03039
 
01/27/2021REFERRED TO CHILDREN AND FAMILIES
01/05/2022REFERRED TO CHILDREN AND FAMILIES
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S03039 Committee Votes:

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S03039 Floor Votes:

There are no votes for this bill in this legislative session.
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S03039 Memo:

Memo not available
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S03039 Text:



 
                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.
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