Assembly Bill A9701

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9701
 
                           I N  A S S E M B L Y
 
                             February 2, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation  to  the  creation  of  a
   court appointed advocate for animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The judiciary law is amended by adding a new  article  22-B
 to read as follows:
                                ARTICLE 22-B
               SPECIAL ADVOCATES FOR ANIMAL WELFARE PROGRAM
 SECTION 858-A. SPECIAL ADVOCATE IN PROCEEDINGS REGARDING ANIMAL WELFARE.
   §  858-A. SPECIAL ADVOCATE IN PROCEEDINGS REGARDING ANIMAL WELFARE. 1.
 IN ANY PROCEEDING IN A COURT UNDER THIS  CHAPTER,  THE  AGRICULTURE  AND
 MARKETS  LAW,  OR  IN  ANY  OTHER PROCEEDING REGARDING THE WELFARE OF AN
 ANIMAL, THE COURT MAY ORDER, UPON ITS OWN INITIATIVE OR UPON REQUEST  OF
 A PARTY OR COUNSEL FOR A PARTY, THAT A SEPARATE ADVOCATE BE APPOINTED TO
 REPRESENT  THE  INTERESTS OF JUSTICE. IF A COURT ORDERS THAT AN ADVOCATE
 BE APPOINTED TO REPRESENT THE INTERESTS  OF  JUSTICE,  THE  COURT  SHALL
 APPOINT  SUCH  ADVOCATE FROM A LIST PROVIDED TO THE COURT BY THE COMMIS-
 SIONER PURSUANT TO SUBDIVISION THREE OF THIS SECTION. A DECISION BY  THE
 COURT  DENYING A REQUEST TO APPOINT A SEPARATE ADVOCATE TO REPRESENT THE
 INTERESTS OF JUSTICE SHALL NOT BE SUBJECT TO APPEAL.
   2. THE ADVOCATE MAY:
   (A) MONITOR THE CASE;
   (B) CONSULT ANY INDIVIDUAL WITH INFORMATION THAT COULD AID  THE  JUDGE
 OR  FACT  FINDER AND REVIEW RECORDS RELATING TO THE CONDITION OF THE CAT
 OR DOG AND THE DEFENDANT'S  ACTIONS,  INCLUDING,  BUT  NOT  LIMITED  TO,
 RECORDS FROM ANIMAL CONTROL OFFICERS, VETERINARIANS AND POLICE OFFICERS;
   (C) ATTEND HEARINGS; AND
   (D)  PRESENT  INFORMATION OR RECOMMENDATIONS TO THE COURT PERTINENT TO
 DETERMINATIONS THAT RELATE TO THE INTERESTS OF  JUSTICE,  PROVIDED  SUCH
 INFORMATION  AND  RECOMMENDATIONS  SHALL BE BASED SOLELY UPON THE DUTIES
 UNDERTAKEN PURSUANT TO THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14232-01-8

 A. 9701                             2
 
   3. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL MAINTAIN A LIST  OF
 ATTORNEYS  WITH  KNOWLEDGE  OF  ANIMAL ISSUES AND THE LEGAL SYSTEM AND A
 LIST OF LAW SCHOOLS THAT HAVE STUDENTS, OR ANTICIPATE  HAVING  STUDENTS,
 WITH  AN INTEREST IN ANIMAL ISSUES AND THE LEGAL SYSTEM.  SUCH ATTORNEYS
 AND  LAW  STUDENTS  SHALL  BE  ELIGIBLE TO SERVE ON A VOLUNTARY BASIS AS
 ADVOCATES UNDER THIS ARTICLE.
   § 2. This act shall take effect immediately.