NY State Senate Bill 2023-S5309

Current Bill Status - In Senate Committee Children And Families 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 03, 2024	referred to children and families
Mar 01, 2023	referred to children and families

2023-S5309 (ACTIVE) - Details

See Assembly Version of this Bill:: A39
Current Committee:: Senate Children And Families
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: S7394, A10661
2017-2018: S2167, A668
2019-2020: S1251, A767
2021-2022: S3039, A510

2023-S5309 (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.

2023-S5309 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5309

SPONSOR: WEIK
 
TITLE OF BILL:

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

 
PURPOSE:

To extend protections to the pets of victims of domestic abuse by giving
the court discretion to forbid contact between the abuser and any pet
cared for by the victim.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 352.3 of the family court act to give the
court discretion to grant the petitioner of an order of protection
custody of a companion animal owned by the petitioner, respondent, or a
minor child residing in the residence of the petitioner or respondent.
It also gives the court discretion to forbid any contact between the

respondent and any companion animal belonging to either party or a minor
child residing in the household.

Section 2: Amends section 446 of the family court act by adding the same
provisions as section 1 of this bill.

Section 3: Amends section 551 of the family court act by adding the same
provisions as section 1 of this bill.

Section 4: Amends section 656 of the family court act by adding the same
provisions as section 1 of this bill.

Section 5: Amends section 759 of the family court act by adding the same
provisions as section 1 of this bill.

Section 6: Amends section 842 of the family court act by adding the same
provisions as section 1 of this bill.

Section 7: Amends section 1056 of the family court act by adding the
same provisions as section 1 of this bill.

Section 8: Amends section 530.12 of the criminal procedure law by adding
the same provisions as section. 1 of this bill.

Section 9: Amends section 530.13 of the criminal procedure' law' y
adding similar provisions to section 1 of this bill.

Section 10: Amends section 240 of the domestic relations law by adding
the same provisions as section 1 of this bill.

Section 11: Amends section 252 of the domestic relations law by adding
the same provisions as section 1 of this bill.

Section 12: Provides the effective date.

 
JUSTIFICATION:

Study after study has linked domestic abuse with animal abuse. A study
by the American Humane Association found that 71% of pet-owning women
entering women's shelters reported that their batterer had injured,
maimed, killed or threatened family pets for revenge or to psychologi-
cally control their victim. The fact is, the people who are capable of
harming their significant others are almost certainly capable of harming
their pets. Unfortunately, many abusers can hold this over their
victims. According to the Urban Resource Institute, 48% of victims of
domestic violence do not leave their abuser because they fear what would
happen to their pet. This bill seeks to empower those who desperately
need to get away from their abuser, but are too selfless and concerned
that they will have to leave their pet behind.

Currently, orders of protection only prohibit the respondent from inten-
tionally injuring or killing a pet belonging to the petitioner or a
minor child in their household. Knowing that the petitioner has violated
the order of protection would serve little comfort in the tragic event
that someone lost their pet. For this reason, more needs to be done to
prevent that from happening by giving the court discretion to forbid any
contact between the respondent and the pet.

Furthermore, it is imperative that the court has the discretion when
issuing the order of protection to extend it so that it explicitly
covers not only pets owned by the victim or a minor child in the house-
hold, but also any pets that may be legally owned by the abuser but in
practice are shared with the victim. People can easily grow attached to
the pets of their significant others, and a pet owned by their partner
would certainly be a concern of theirs when considering leaving an
abusive relationship, regardless of who legally owns the pet. States
such as California, New Jersey, Ohio, Massachusetts, and many others
have already recognized the need for such provisions. The American
Humane' Association found that 98% of Americans consider their pet to be
a part of their family, and victims of violence should not be forced to
abandon a part of their family in order to escape their abuser.

 
LEGISLATIVE HISTORY:

2022: S3039 Children and Families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5309 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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:
 
   Section 1. Subdivision 1 of section 352.3 of the family court act,  as
 amended  by  chapter  261  of  the  laws  of 2020, 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; or (d) refrain  from  remotely  controlling  any
 connected  devices affecting the home, vehicle or property of the person
 protected by the order. 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
 RESPONDENT, AND ORDER THE RESPONDENT TO STAY AWAY FROM  THE  ANIMAL  AND
 FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARMING, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00725-01-3

 S. 5309                             2
 
 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.
 "Connected  device", as used in this subdivision, shall mean any device,
 or other physical object that is capable of connecting to the  internet,
 directly  or  indirectly,  and  that  is  assigned  an internet protocol
 address or bluetooth address.
   § 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 261 of the laws of 2020, 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. 5309                             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 335 of the laws of 2019, 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 amended by chapter 261 of the
 laws of 2020, 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. 5309                             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.

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Senate Bill S5309

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2023-S5309 (ACTIVE) - Details

2023-S5309 (ACTIVE) - Summary

2023-S5309 (ACTIVE) - Sponsor Memo

2023-S5309 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5309

Share this bill

Sponsored By

Alexis Weik

Current Bill Status - In Senate Committee Children And Families Committee

2023-S5309 (ACTIVE) - Details

2023-S5309 (ACTIVE) - Summary

2023-S5309 (ACTIVE) - Sponsor Memo

2023-S5309 (ACTIVE) - Bill Text download pdf

Comments