NY State Assembly Bill 2019-A767

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 10, 2019	referred to judiciary

2019-A767 (ACTIVE) - Details

See Senate Version of this Bill:: S1251
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: 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
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10661, S7394
2017-2018: A668, S2167
2021-2022: A510, S3039
2023-2024: A39, S5309

2019-A767 (ACTIVE) - Summary

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.

2019-A767 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    767
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03289-01-9

 A. 767                              2
 
 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
 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

 A. 767                              3
 
 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
 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.

 A. 767                              4
 
   § 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.

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Assembly Bill A767

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2019-A767 (ACTIVE) - Details

2019-A767 (ACTIVE) - Summary

2019-A767 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A767

Share this bill

Sponsored By

ROSENTHAL L

Archive: Last Bill Status - In Assembly Committee

2019-A767 (ACTIVE) - Details

2019-A767 (ACTIVE) - Summary

2019-A767 (ACTIVE) - Bill Text download pdf

Comments