NY State Senate Bill 2015-S7394A

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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Actions

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	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

Votes

- Jun 7, 2016 - Floor Vote
  S7394A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Persaud
  May 24, 2016 - Children And Families Committee Vote
  S7394A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 24, 2016
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      Young

Bill Amendments

Original

A (Active)

2015-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
2021-2022: S3039, A510
2023-2024: S5309, A39

2015-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.

2015-S7394 - Sponsor Memo

                                 BILL NUMBER:  S7394

 TITLE OF BILL :

An act to amend the family court act and the criminal procedure law,
in relation to 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 that is cared for by the victim.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 842 of the family court act to give the
court discretion to order the respondent to give up custody of a
companion animal they own, and allow the petitioner or another
designated party to maintain custody of the companion animal. 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, or a designated party with
custody of said animal.

Section 2: Amends section 530.12 of the criminal procedure law by
adding the same provisions as section 1 of this bill.

Section 3: Establishes 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
psychologically 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
intentionally 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
household, 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 :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-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

S. 7394                             2

  (B)  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
  (C)  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 ITEM (B) OF THIS SUBPARAGRAPH.
  [(B)] (D) "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 3. This act shall take effect immediately.

2015-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
2021-2022: S3039, A510
2023-2024: S5309, A39

2015-S7394A (ACTIVE) - Summary

2015-S7394A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7394A

 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 that is 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 order the respondent to give up custody of a
companion animal they own, and allow the petitioner or another
designated party to maintain custody of the companion animal. 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, or a designated party with
custody of said animal.

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 by
adding similar provisions to section 1 of this bill. The provision
where the respondent may be required to give up custody of any pet
they own was not included because this section of law does not deal
with "members of the same family or household," as defined in section
530.11 of the criminal procedure law.

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: Establishes 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
psychologically 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
intentionally 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
household, 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 :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-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

                      [ ] is old law to be omitted.
                                                           LBD13205-04-6

S. 7394--A                          2

SUBDIVISION. "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.
  S  2.  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:
  (h)  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 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
  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 3. 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:
  (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 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
  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  4.  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:
  (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-

S. 7394--A                          3

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  5. Subdivision (h) of section 759 of the family court act, as added
by chapter 253 of the laws of 2006, paragraph 1 as  amended  by  chapter
532 of the laws of 2008, is amended to read as follows:
  (h)  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 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
  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 6. 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  7.  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:
  (g)  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 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
  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

S. 7394--A                          4

  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 SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  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  8.  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
  (B)  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
  (C) 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 ITEM (B) OF THIS SUBPARAGRAPH.
  [(B)]  (D) "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  9. 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:
  (c)  1.  to  refrain  from  intentionally injuring or killing, without
justification, 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[.]; OR
  2. TO REFRAIN FROM HAVING CONTACT WITH  ANY  COMPANION  ANIMAL  OWNED,
POSSESSED,  LEASED,  KEPT  OR  HELD BY SUCH VICTIM OR VICTIMS OR A MINOR
CHILD RESIDING IN SUCH VICTIM'S OR VICTIMS' HOUSEHOLD.
  3. "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 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) (I) 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 person protected by  the  order]
EITHER PARTY or a minor child residing in [such person's] EITHER PARTY'S
household OR DESIGNATED PARTY AS DETERMINED BY THE COURT; OR
  (II)  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
  (III) 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 ITEM (II) OF THIS SUBPARAGRAPH.

S. 7394--A                          5

  (IV)  "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  11.  Paragraph  (g) of subdivision 1 of section 252 of the domestic
relations law, as amended by chapter 526 of the laws of 2012, is amended
to read as follows:
  (g) (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 person protected by  the  order]
EITHER  PARTY    or  a  minor  child  residing in [such person's] EITHER
PARTY'S household OR DESIGNATED PARTY AS DETERMINED 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 SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (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 12. This act shall take effect immediately.

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Senate Bill S7394A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 7, 2016 - Floor Vote

Floor Vote: Jun 7, 2016

May 24, 2016 - Children And Families Committee Vote

Children And Families Committee Vote: May 24, 2016

Bill Amendments

2015-S7394 - Details

2015-S7394 - Summary

2015-S7394 - Sponsor Memo

2015-S7394 - Bill Text download pdf

2015-S7394A (ACTIVE) - Details

2015-S7394A (ACTIVE) - Summary

2015-S7394A (ACTIVE) - Sponsor Memo

2015-S7394A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7394A

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S7394 - Details

2015-S7394 - Summary

2015-S7394 - Sponsor Memo

2015-S7394 - Bill Text download pdf

2015-S7394A (ACTIVE) - Details

2015-S7394A (ACTIVE) - Summary

2015-S7394A (ACTIVE) - Sponsor Memo

2015-S7394A (ACTIVE) - Bill Text download pdf

Comments