senate Bill S7394A

2015-2016 Legislative Session

Relates to orders of protection with respect to companion animals

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2016 referred to judiciary
delivered to assembly
passed senate
Jun 01, 2016 advanced to third reading
amended (t) 7394a
May 25, 2016 2nd report cal.
May 24, 2016 1st report cal.1120
Apr 27, 2016 referred to children and families

S7394 - Details

See Assembly Version of this Bill:
A10661
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:
2017-2018: S2167, A668
2019-2020: S1251, A767

S7394 - 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.

S7394 - Sponsor Memo

S7394 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7394

                            I N  S E N A T E

                             April 27, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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 and the criminal procedure law,  in
  relation to 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 (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  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13205-02-6

S7394A (ACTIVE) - Details

See Assembly Version of this Bill:
A10661
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:
2017-2018: S2167, A668
2019-2020: S1251, A767

S7394A (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.

S7394A (ACTIVE) - Sponsor Memo

S7394A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7394--A
    Cal. No. 1120

                            I N  S E N A T E

                             April 27, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  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] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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