NY State Senate Bill 2021-S6027B

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2022	print number 6027b
Mar 14, 2022	amend and recommit to judiciary
Jan 05, 2022	referred to judiciary
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1084
May 12, 2021	print number 6027a
May 12, 2021	amend and recommit to judiciary
Mar 30, 2021	referred to judiciary

Votes

- May 18, 2021 - Judiciary Committee Vote
  S6027B
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 18, 2021
      
      aye (13)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (2)
      
      Lanza
      
      Palumbo

Bill Amendments

Original

B (Active)

2021-S6027 - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3414
2023-2024: S4084

2021-S6027 - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.

2021-S6027 - Sponsor Memo

                                
 
BILL NUMBER: S6027

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to establishing
a cause of action in tort for the wrongful injury to or death of a
companion animal

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the law by adding section 11-108 to the
general obligations law as follows:  Paragraph one refers the reader to
the definition of companion animals existing in section three hundred
and fifty of agriculture and markets law.

Paragraph two discusses the monetary consequences faced by a person
charged with causing the death of a companion animal.  Paragraph three
discusses the monetary consequences faced by the person who causes phys-
ical injury or serious physical injury to a companion animal.

Paragraph four provides for punitive damages.  Paragraph five provides a

statute of limitations of three years for the compensation of the owner
for his or her injuries.  Paragraph six provides a statute of limita-
tions of three years for the owner to receive compensation for harm
inflicted upon the companion animal. It goes on to explain that the
collected compensation will be payable into a trust for the companion
animal's care. If the animal should die, any remaining money will be
distributed to a nonprofit organization dedicated to the protection of
companion animals.  Paragraph 7 states that, if deemed appropriate, the
courts may issue a restraining order against the guilty party.

 
JUSTIFICATION:

Violence against animals, which is often a precursor to violence against
humans, is not properly addressed under civil tort law, which still
treats animals the same as inanimate property like tables and chairs.
Although several courts in New York have departed from the traditional
approach, many are hesitant, absent legislative guidance, to relinquish
the common law's antiquated, scientifically obsolete assumption that
animals are just "things."

Human relationships with companion animals can be deeply important and
meaningful, as has been demonstrated in study after study. According to
recent reports in USA TODAY, more than two-thirds of pet owners say they
consider their pet a member of their family. Moreover, 50% of pet owners
surveyed said they would be "very likely" to risk their own lives and
wellbeing to rescue their pet, and another 33% said they would be "some-
what likely" to do so.

In 1993, New York's state legislature passed the Pet Cemeteries and Pet
Crematoriums law, which states: "The legislature hereby finds and
declares that the relationships that humans develop with other members
of the animal kingdom that are taken into our homes and kept as pets are
unique and special. These relationships can enrich our lives and
increase our happiness. Even after the death of a pet, human attachment
to the memory of the pet often remains very strong..."


Writing in the New York University Law Review, Debra Squires-Lee noted
in 1995 that, according to the Restatement of Torts, Second, "the goals
of tort are: (a) to give compensation, indemnity or restitution for
harms; (b) to determine rights; (c) to punish wrongdoers and deter
wrongful conduct; and (d) to vindicate parties and deter retaliation or
violent and unlawful self-help." Ms. Squires-Lee concluded that "the
emotional harms wrought by the death of a companion animal must be
recognized if these goals of tort law are to be fulfilled.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action under section 11-108 of the general obligations law as added by
section one of this act which arise on or after such date.

2021-S6027 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6027
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to establishing
   a cause of action in tort for the wrongful injury to  or  death  of  a
   companion animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   §  11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
 THIS SECTION:
   (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
 THE AGRICULTURE AND MARKETS LAW; AND
   (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
 HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
 TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
   2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
 OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
 ANIMAL  SHALL  BE  LIABLE  IN DAMAGES FOR THE FAIR MONETARY VALUE OF THE
 DECEASED COMPANION ANIMAL TO HIS OR HER OWNER, INCLUDING DAMAGES FOR THE
 LOSS  OF  THE  REASONABLY  EXPECTED  SOCIETY,  COMPANIONSHIP,   COMFORT,
 PROTECTION  AND  SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER
 OWNER; COURT COSTS AND REASONABLE ATTORNEY'S FEES; AND OTHER  REASONABLE
 DAMAGES  RESULTING  FROM  THE  INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR
 OMISSION.
   3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
 OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
 PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE
 EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; THE LOSS
 OF REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT,  PROTECTION  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07612-01-1

 S. 6027                             2
 
 SERVICES  OF  THE  INJURED  COMPANION  ANIMAL TO HIS OR HER OWNER; COURT
 COSTS AND REASONABLE  ATTORNEY'S  FEES;  AND  OTHER  REASONABLE  DAMAGES
 RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
 LY,  BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF A
 COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
   5. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL'S OWNER SHALL BE RECOVERED IN AN ACTION IN TORT, COMMENCED WITHIN
 THREE  YEARS  FROM THE DATE OF INJURY OR DEATH OR FROM THE DATE WHEN THE
 OWNER KNEW, OR IN THE  EXERCISE  OF  REASONABLE  DILIGENCE  SHOULD  HAVE
 KNOWN,  OF  THE  FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT TO FURTHER
 EXTENSION ON ACCOUNT OF ANY SUSPENSION OF THE STATUTE OF LIMITATIONS DUE
 TO INFANCY, DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
   6. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL  SHALL BE RECOVERED IN AN ACTION IN TORT BROUGHT BY A GUARDIAN AD
 LITEM OR NEXT FRIEND APPOINTED BY THE COURT AND, COMMENCED WITHIN  THREE
 YEARS  FROM  THE  DATE  OF  INJURY OR FROM THE DATE WHEN THE GUARDIAN AD
 LITEM OR NEXT FRIEND KNEW, OR IN THE EXERCISE  OF  REASONABLE  DILIGENCE
 SHOULD  HAVE  KNOWN, OF THE FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT
 TO FURTHER EXTENSION ON ACCOUNT OF ANY  SUSPENSION  OF  THE  STATUTE  OF
 LIMITATIONS  DUE  TO  INFANCY,  DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
 DAMAGES SO RECOVERED SHALL BE PAYABLE INTO A TRUST FOR THE CARE  OF  THE
 COMPANION  ANIMAL,  WHICH TRUST SHALL BE ENFORCEABLE FOR THE LIFE OF THE
 COMPANION ANIMAL BY A PERSON APPOINTED BY THE COURT.  ANY  REMAINDER  OF
 TRUST  FUNDS  EXISTING  AT  THE  DEATH  OF THE COMPANION ANIMAL SHALL BE
 DISTRIBUTED TO A NON-PROFIT ORGANIZATION DEDICATED TO THE PROTECTION  OF
 COMPANION ANIMALS.
   7.  RESTRAINING  ORDERS  AND  OTHER INJUNCTIVE RELIEF FOR THE WRONGFUL
 INJURY OR KILLING OF A COMPANION ANIMAL MAY BE  ISSUED  BY  A  COURT  OF
 COMPETENT JURISDICTION AS APPROPRIATE.
   §  2. This act shall take effect immediately and shall apply to causes
 of action under section 11-108 of the general obligations law  as  added
 by section one of this act which arise on or after such date.

co-Sponsors

2021-S6027A - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3414
2023-2024: S4084

2021-S6027A - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.

2021-S6027A - Sponsor Memo

                                
 
BILL NUMBER: S6027A

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to establishing
a cause of action in tort for the wrongful injury to or death of a
companion animal

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the law by adding section 11-108 to the
general obligations law as follows:

Paragraph one refers the reader to the definition of companion animals
existing in section three hundred and fifty of agriculture and markets
law.

Paragraph two discusses the monetary consequences faced by a person
charged with causing the death of a companion animal.

Paragraph three discusses the monetary consequences faced by the person

who causes physical injury or serious physical injury to a companion
animal.

Paragraph four provides for punitive damages.

Paragraph five provides a statute of limitations of three years for the
compensation of the owner for his or her injuries.

Paragraph six provides a statute of limitations of three years for the
owner to receive compensation for harm inflicted upon the companion
animal. It goes on to explain that the collected compensation will be
payable into a trust for the companion animal's care. If the animal
should die, any remaining money will be distributed to a nonprofit
organization dedicated to the protection of companion animals.

Paragraph 7 states that, if deemed appropriate, the courts may issue a
restraining order against the guilty party.

 
JUSTIFICATION:

Violence against animals, which is often a precursor to violence against
humans, is not properly addressed under civil tort law, which still
treats animals the same as inanimate property like tables and chairs.
Although several courts in New York have departed from the traditional
approach, many are hesitant, absent legislative guidance, to relinquish
the common law's antiquated, scientifically obsolete assumption that
animals are just "things."

Human relationships with companion animals can be deeply important and
meaningful, as has been demonstrated in study after study.  According to
recent reports in USA TODAY, more than two-thirds of pet owners say they
consider their pet a member of their family.  Moreover, 50% of pet
owners surveyed said they would be "very likely" to risk their own lives
and wellbeing to rescue their pet, and another 33% said they would be
"somewhat likely" to do so.


In 1993, New York's state legislature passed the Pet Cemeteries and Pet
Crematoriums law, which states: "The legislature hereby finds and
declares that the relationships that humans develop with other members
of the animal kingdom that are taken into our homes and kept as pets are
unique and special. These relationships can enrich our lives and
increase our happiness. Even after the death of a pet, human attachment
to the memory of the pet often remains very strong..."

Writing in the New York University Law Review, Debra Squires-Lee noted
in 1995 that, according to the Restatement of Torts, Second, "the goals
of tort are: (a) to give compensation, indemnity or restitution for
harms; (b) to determine rights; (c) to punish wrongdoers and deter
wrongful conduct; and (d) to vindicate parties and deter retaliation or
violent and unlawful self-help." Ms. Squires-Lee concluded that "the
emotional harms wrought by the death of a companion animal must be
recognized if these goals of tort law are to be fulfilled.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action under section 11-108 of the general obligations law as added by
section one of this act which arise on or after such date.

2021-S6027A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6027--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general obligations law, in relation to establishing
   a  cause  of  action  in tort for the wrongful injury to or death of a
   companion animal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 11-108 to read as follows:
   § 11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED  IN
 THIS SECTION:
   (A)  THE  TERM  "COMPANION ANIMAL" SHALL HAVE THE SAME MEANING AS SUCH
 TERM IS DEFINED IN SUBDIVISION FIVE OF SECTION THREE  HUNDRED  FIFTY  OF
 THE AGRICULTURE AND MARKETS LAW; AND
   (B)  THE  TERMS  "PHYSICAL INJURY" AND "SERIOUS PHYSICAL INJURY" SHALL
 HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
 TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
   2. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
 OR  NEGLIGENTLY,  BY  ACT  OR  OMISSION  CAUSES THE DEATH OF A COMPANION
 ANIMAL SHALL BE LIABLE IN DAMAGES FOR: THE FAIR MONETARY  VALUE  OF  THE
 DECEASED  COMPANION  ANIMAL  TO  HIS  OR  HER  OWNER; MENTAL DISTRESS OR
 EMOTIONAL HARM SUFFERED BY THE OWNER OR MEMBERS OF THE OWNER'S HOUSEHOLD
 CAUSED BY THE DEATH OF THE COMPANION ANIMAL; THE EXPENSES OF  VETERINARY
 AND  OTHER  SPECIAL  MEDICAL CARE REQUIRED; AND OTHER REASONABLE DAMAGES
 RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
 OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
 PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE  IN  DAMAGES  FOR:
 THE  EXPENSES  OF  VETERINARY  AND  OTHER SPECIAL MEDICAL CARE REQUIRED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07612-04-1

 S. 6027--A                          2
 
 MENTAL DISTRESS OR EMOTIONAL HARM SUFFERED BY THE OWNER  OR  MEMBERS  OF
 THE  OWNER'S HOUSEHOLD CAUSED BY THE PHYSICAL INJURY OR SERIOUS PHYSICAL
 INJURY TO THE COMPANION ANIMAL; AND OTHER REASONABLE  DAMAGES  RESULTING
 FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
 LY,  BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF A
 COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
   5. IN ANY ACTION BROUGHT UNDER  THIS  SECTION,  THE  COURT  MAY  AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   6. AN ACTION FOR RECOVERY OF DAMAGES UNDER THIS SECTION MAY BE BROUGHT
 IN ANY COURT OF COMPETENT JURISDICTION.
   §  2. This act shall take effect immediately and shall apply to causes
 of action under section 11-108 of the general obligations law  as  added
 by section one of this act which arise on or after such date.

co-Sponsors

2021-S6027B (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3414
2023-2024: S4084

2021-S6027B (ACTIVE) - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.

2021-S6027B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6027B

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to establishing
a cause of action in tort for the wrongful injury to or death of a
companion animal

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the law by adding section 11-108 to the
general obligations law as follows:

Paragraph one refers the reader to the definition of companion animals
existing in section three hundred and fifty of agriculture and markets
law.

Paragraph two discusses the monetary consequences faced by a person
charged with causing the death of a companion animal.

Paragraph three discusses the monetary consequences faced by the person
who causes physical injury or serious physical injury to a companion

animal.

Paragraph four provides for punitive damages. Paragraph five provides
for attorneys' fees.

Paragraph six provides the jurisdictional limitations.

Paragraph seven provides that this act shall not apply to injuries
sustained during lawful veterinary treatment.

 
JUSTIFICATION:

Violence against animals, which is often a precursor to violence against
humans, is not properly addressed under civil tort law, which still
treats animals the same as inanimate property like tables and chairs.
Although several courts in New York have departed from the traditional
approach, many are hesitant, absent legislative guidance, to relinquish
the common law's antiquated, scientifically obsolete assumption that
animals are just "things."

Human relationships with companion animals can be deeply important and
meaningful, as has been demonstrated in study after study. According to
recent reports in USA TODAY, more than two-thirds of pet owners say they
consider their pet a member of their family. Moreover, 50% of pet owners
surveyed said they would be "very likely" to risk their own lives and
well-being to rescue their pet, and another 33% said they would be
"somewhat likely" to do so.

In 1993, New York's state legislature passed the Pet Cemeteries and Pet
Crematoriums law, which states: "The legislature hereby finds and
declares that the relationships that humans develop with other members
of the animal kingdom that are taken into our homes and kept as pets are
unique and special. These relationships can enrich our lives and
increase our happiness. Even after the death of a pet, human attachment
to the memory of the pet often remains very strong..."

Writing in the New York University Law Review, Debra Squires-Lee noted
in 1995 that, according to the Restatement of Torts, Second, "the goals
of tort are: (a) to give compensation, indemnity or restitution for
harms; (b) to determine rights; (c) to punish wrongdoers and deter
wrongful conduct; and (d) to vindicate parties and deter retaliation or
violent and unlawful self-help." Ms. Squires-Lee concluded that "the
emotional harms wrought by the death of a companion animal must be
recognized if these goals of tort law are to be fulfilled.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action under section 11-108 of the general obligations law as added by
section one of this act which arise on or after such date.

2021-S6027B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6027--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Judi-
   ciary   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general obligations law, in relation to establishing
   a cause of action in tort for the wrongful injury to  or  death  of  a
   companion animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   §  11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
 THIS SECTION:
   (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
 THE AGRICULTURE AND MARKETS LAW; AND
   (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
 HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
 TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
   2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
 OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
 ANIMAL  SHALL  BE  LIABLE IN DAMAGES FOR: THE FAIR MONETARY VALUE OF THE
 DECEASED COMPANION ANIMAL TO  HIS  OR  HER  OWNER;  MENTAL  DISTRESS  OR
 EMOTIONAL HARM SUFFERED BY THE OWNER OR MEMBERS OF THE OWNER'S HOUSEHOLD
 CAUSED  BY THE DEATH OF THE COMPANION ANIMAL; THE EXPENSES OF VETERINARY
 AND OTHER SPECIAL MEDICAL CARE REQUIRED; AND  OTHER  REASONABLE  DAMAGES
 RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07612-06-2
 S. 6027--B                          2

 
   3.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
 OR NEGLIGENTLY, BY ACT OR OMISSION CAUSES  PHYSICAL  INJURY  OR  SERIOUS
 PHYSICAL  INJURY  TO  A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR:
 THE EXPENSES OF VETERINARY AND  OTHER  SPECIAL  MEDICAL  CARE  REQUIRED;
 MENTAL  DISTRESS  OR  EMOTIONAL HARM SUFFERED BY THE OWNER OR MEMBERS OF
 THE OWNER'S HOUSEHOLD CAUSED BY THE PHYSICAL INJURY OR SERIOUS  PHYSICAL
 INJURY  TO  THE COMPANION ANIMAL; AND OTHER REASONABLE DAMAGES RESULTING
 FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
 LY, BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF  A
 COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
   5.  IN  ANY  ACTION  BROUGHT  UNDER  THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   6. AN ACTION FOR RECOVERY OF DAMAGES UNDER THIS SECTION MAY BE BROUGHT
 IN ANY COURT OF COMPETENT JURISDICTION.
   7. NO ACTION SHALL BE BROUGHT UNDER THIS SECTION AGAINST A VETERINARI-
 AN FOR INJURY OR DEATH SUSTAINED DURING THE COURSE OF THE LAWFUL  TREAT-
 MENT OF A COMPANION ANIMAL.
   §  2. This act shall take effect immediately and shall apply to causes
 of action under section 11-108 of the general obligations law  as  added
 by section one of this act which arise on or after such date.

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Senate Bill S6027B

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

May 18, 2021 - Judiciary Committee Vote

Judiciary Committee Vote: May 18, 2021

Bill Amendments

2021-S6027 - Details

2021-S6027 - Summary

2021-S6027 - Sponsor Memo

2021-S6027 - Bill Text download pdf

co-Sponsors

2021-S6027A - Details

2021-S6027A - Summary

2021-S6027A - Sponsor Memo

2021-S6027A - Bill Text download pdf

co-Sponsors

2021-S6027B (ACTIVE) - Details

2021-S6027B (ACTIVE) - Summary

2021-S6027B (ACTIVE) - Sponsor Memo

2021-S6027B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6027B

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Sponsored By

Jabari Brisport

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2021-S6027 - Details

2021-S6027 - Summary

2021-S6027 - Sponsor Memo

2021-S6027 - Bill Text download pdf

co-Sponsors

Julia Salazar

2021-S6027A - Details

2021-S6027A - Summary

2021-S6027A - Sponsor Memo

2021-S6027A - Bill Text download pdf

co-Sponsors

Julia Salazar

2021-S6027B (ACTIVE) - Details

2021-S6027B (ACTIVE) - Summary

2021-S6027B (ACTIVE) - Sponsor Memo

2021-S6027B (ACTIVE) - Bill Text download pdf

Comments