S T A T E O F N E W Y O R K
________________________________________________________________________
2167--A
Cal. No. 131
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sens. SERINO, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Children and
Families -- recommitted to the Committee on Children and Families in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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] PETITIONER
or a minor child residing in [such person's] THE PETITIONER'S OR
RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01788-08-8
S. 2167--A 2
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL. "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.
§ 2. Paragraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 3. Paragraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 4. Paragraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the petitioner or a minor child
residing in the PETITIONER'S OR RESPONDENT'S household. SUCH ORDER MAY
ALSO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY
ANIMAL THAT IS OWNED, POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER,
THE RESPONDENT OR A MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD
OF THE PETITIONER OR THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY
AWAY FROM THE ANIMAL AND FORBID THE RESPONDENT FROM TAKING, TRANS-
FERRING, CONCEALING, HARMING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 5. Paragraph 1 of subdivision (h) of section 759 of the family court
act, as amended by chapter 532 of the laws of 2008, is amended to read
as follows:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
S. 2167--A 3
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 6. Paragraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the petitioner or a minor child
residing in the PETITIONER'S OR RESPONDENT'S household. SUCH ORDER MAY
ALSO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY
ANIMAL THAT IS OWNED, POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER,
THE RESPONDENT OR A MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD
OF THE PETITIONER OR THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY
AWAY FROM THE ANIMAL AND FORBID THE RESPONDENT FROM TAKING, TRANS-
FERRING, CONCEALING, HARMING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 7. Subparagraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 8. Clause (A) of 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:
(A) to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by the victim or a minor child residing
in the VICTIM'S OR DEFENDANT'S household. SUCH ORDER MAY ALSO GRANT THE
VICTIM THE EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS
OWNED, POSSESSED, LEASED, KEPT OR HELD BY THE VICTIM, THE DEFENDANT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE VICTIM OR THE
DEFENDANT, AND ORDER THE DEFENDANT TO STAY AWAY FROM THE ANIMAL AND
FORBID THE DEFENDANT FROM TAKING, TRANSFERRING, CONCEALING, HARMING, OR
OTHERWISE DISPOSING OF THE ANIMAL.
§ 9. Subparagraph 1 of 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:
1. to refrain from intentionally injuring or killing, without justi-
fication, 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. SUCH ORDER MAY
ALSO GRANT THE VICTIM THE EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY
ANIMAL THAT IS OWNED, POSSESSED, LEASED, KEPT OR HELD BY THE VICTIM, THE
DEFENDANT OR A MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE
S. 2167--A 4
VICTIM OR THE DEFENDANT, AND ORDER THE DEFENDANT TO STAY AWAY FROM THE
ANIMAL AND FORBID THE DEFENDANT FROM TAKING, TRANSFERRING, CONCEALING,
HARMING, OR OTHERWISE DISPOSING OF THE ANIMAL.
§ 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) to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL. "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;
§ 11. Paragraph (g) of subdivision 1 of section 252 of the domestic
relations law, as amended by chapter 526 of the laws of 2013, is amended
to read as follows:
(g) to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the [person protected by the order]
PETITIONER or a minor child residing in [such person's] THE PETITIONER'S
OR RESPONDENT'S household. SUCH ORDER MAY ALSO GRANT THE PETITIONER THE
EXCLUSIVE CARE, CUSTODY OR CONTROL OF ANY ANIMAL THAT IS OWNED,
POSSESSED, LEASED, KEPT OR HELD BY THE PETITIONER, THE RESPONDENT OR A
MINOR CHILD RESIDING IN THE RESIDENCE OR HOUSEHOLD OF THE PETITIONER OR
THE RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM THE ANIMAL
AND FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE ANIMAL. "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;
§ 12. This act shall take effect immediately.
