S T A T E O F N E W Y O R K
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10661
I N A S S E M B L Y
June 10, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. 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:
Section 1. Subdivision 1 of section 352.3 of the family court act, as
amended by chapter 532 of the laws of 2008, is amended to read as
follows:
(1) Upon the issuance of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court may
enter an order of protection against any respondent for good cause
shown. The order may require that the respondent: (a) stay away from the
home, school, business or place of employment of the victims of the
alleged offense; or (b) refrain from harassing, intimidating, threaten-
ing or otherwise interfering with the victim or victims of the alleged
offense and such members of the family or household of such victim or
victims as shall be specifically named by the court in such order; or
(c) refrain from intentionally injuring or killing, without justifica-
tion, any companion animal the respondent knows to be owned, possessed,
leased, kept or held by [the person protected by the order] EITHER PARTY
or a minor child residing in [such person's] EITHER PARTY'S household OR
A DESIGNATED PARTY AS DETERMINED BY THE COURT; OR (D) RELINQUISH CUSTODY
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT OR HELD BY EITHER
PARTY OR A MINOR CHILD RESIDING IN THE HOUSEHOLD TO THE PETITIONER OR A
DESIGNATED PARTY AS DETERMINED BY THE COURT; OR (E) TO REFRAIN FROM
HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT
OR HELD BY WITHER PARTY OR A MINOR CHILD RESIDING IN THE HOUSEHOLD OR IN
THE CUSTODY OF A DESIGNATED PARTY PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION. "Companion animal", as used in this subdivision, shall have
the same meaning as in subdivision five of section three hundred fifty
of the agriculture and markets law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13205-05-6
A. 10661 2
S 2. Subdivision (h) of section 446 of the family court act, as
amended by chapter 526 of the laws of 2013, is amended to read as
follows:
(h) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household[.] OR A DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.
4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 3. Subdivision (i) of section 551 of the family court act, as
amended by chapter 526 of the laws of 2013, is amended to read as
follows:
(i) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household[.] OR A DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.
4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 4. Subdivision (i) of section 656 of the family court act, as
amended by chapter 526 of the laws of 2013, is amended to read as
follows:
(i) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the petitioner] EITHER PARTY or a
minor child residing in the household[.] OR A DESIGNATED PARTY AS DETER-
MINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.
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4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 5. Subdivision (h) of section 759 of the family court act, as added
by chapter 253 of the laws of 2006, paragraph 1 as amended by chapter
532 of the laws of 2008, is amended to read as follows:
(h) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household[.] OR A DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.
4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law.
S 6. Subdivision (i) of section 842 of the family court act, as
amended by chapter 526 of the laws of 2013, is amended to read as
follows:
(i) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the petitioner] EITHER PARTY or a
minor child residing in the household[.] OR A DESIGNATED PARTY AS DETER-
MINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.
4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 7. Paragraph (g) of subdivision 1 of section 1056 of the family
court act, as amended by chapter 526 of the laws of 2013, is amended to
read as follows:
(g) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household[.] OR A DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
2. TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
3. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
A. 10661 4
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
4. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 8. Subparagraph 6 of paragraph (a) of subdivision 1 of section
530.12 of the criminal procedure law, as amended by chapter 526 of the
laws of 2013, is amended to read as follows:
(6) (A) to refrain from intentionally injuring or killing, without
justification, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by [the victim] EITHER PARTY or a minor
child residing in the household OR A DESIGNATED PARTY AS DETERMINED BY
THE COURT; OR
(B) TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
(C) TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO ITEM (B) OF THIS SUBPARAGRAPH.
[(B)] (D) "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law;
S 9. Paragraph (c) of subdivision 1 of section 530.13 of the criminal
procedure law, as added by chapter 253 of the laws of 2006, is amended
to read as follows:
(c) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by such victim or victims or a minor
child residing in such victim's or victims' household[.]; OR
2. TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY SUCH VICTIM OR VICTIMS OR A MINOR
CHILD RESIDING IN SUCH VICTIM'S OR VICTIMS' HOUSEHOLD.
3. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law.
S 10. Subparagraph 7 of paragraph (a) of subdivision 3 of section 240
of the domestic relations law, as amended by chapter 526 of the laws of
2013, is amended to read as follows:
(7) (I) to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household OR DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
(II) TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
(III) TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO ITEM (II) OF THIS SUBPARAGRAPH.
(IV) "Companion animal," as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
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S 11. Paragraph (g) of subdivision 1 of section 252 of the domestic
relations law, as amended by chapter 526 of the laws of 2012, is amended
to read as follows:
(g) (1) to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by [the person protected by the order]
EITHER PARTY or a minor child residing in [such person's] EITHER
PARTY'S household OR DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
(2) TO RELINQUISH CUSTODY OF ANY COMPANION ANIMAL OWNED, POSSESSED,
LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESIDING IN THE
HOUSEHOLD TO THE PETITIONER OR A DESIGNATED PARTY AS DETERMINED BY THE
COURT; OR
(3) TO REFRAIN FROM HAVING CONTACT WITH ANY COMPANION ANIMAL OWNED,
POSSESSED, LEASED, KEPT OR HELD BY EITHER PARTY OR A MINOR CHILD RESID-
ING IN THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
(4) "Companion animal," as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
S 12. This act shall take effect immediately.