NY State Senate Bill S2167A

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 (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to judiciary returned to assembly repassed senate
Mar 26, 2018	amended on third reading 2167a
Mar 26, 2018	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 12, 2018	referred to judiciary delivered to assembly passed senate
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.131
Jan 03, 2018	referred to children and families returned to senate died in assembly
Apr 25, 2017	referred to judiciary delivered to assembly passed senate
Feb 14, 2017	advanced to third reading
Feb 13, 2017	2nd report cal.
Feb 07, 2017	1st report cal.191
Jan 12, 2017	referred to children and families

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2167 - Details

See Assembly Version of this Bill:: A668
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:: 2015-2016: S7394, A10661
2019-2020: S1251, A767
2021-2022: S3039, A510
2023-2024: S5309, A39

S2167 - 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.

S2167 - Sponsor Memo

 BILL NUMBER:  S2167

 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 :

2016: S.7394 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S2167 - Bill Text download pdf


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

                                  2167

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

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, 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
SUBDIVISION. "Companion animal", as used in this subdivision, shall have

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

                                                           LBD01788-01-7

S. 2167                             2

the same meaning as in subdivision five of section three  hundred  fifty
of the agriculture and markets law.
  §  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;
  § 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;
  §  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-
ING  IN  THE HOUSEHOLD, OR IN THE CUSTODY OF A DESIGNATED PARTY PURSUANT
TO PARAGRAPH TWO OF THIS SUBDIVISION.

S. 2167                             3

  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;
  §  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.
  § 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;
  §  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
  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. 2167                             4

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;
  §  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;
  §  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.
  § 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.
  (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. 2167                             5

  §  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)  (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;
  § 12. This act shall take effect immediately.

Co-Sponsors

S2167A (ACTIVE) - Details

See Assembly Version of this Bill:: A668
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:: 2015-2016: S7394, A10661
2019-2020: S1251, A767
2021-2022: S3039, A510
2023-2024: S5309, A39

S2167A (ACTIVE) - Summary

S2167A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2167A

SPONSOR: SERINO
 
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 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 by
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: 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 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  imper-
ative  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:

2016: S.7394 Passed Senate
2017: S.2167 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2167A (ACTIVE) - Bill Text download pdf


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

                                 2167--A
    Cal. No. 131

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens.  SERINO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families  --  recommitted to the Committee on Children and Families in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, passed by Senate and delivered  to  the  Assembly,  recalled,
  vote  reconsidered,  restored  to  third  reading, amended and ordered
  reprinted, 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]  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,

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

                      [ ] is old law to be omitted.
                                                           LBD01788-08-8

S. 2167--A                          2

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 subdivision, shall have the same meaning as in subdivision five
of section three hundred fifty of the agriculture and markets law.
  § 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 532 of the laws of 2008, 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. 2167--A                          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 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.
  § 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 added by chapter 253 of the
laws of 2006, 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. 2167--A                          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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The New York State Senate

senate Bill S2167A

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Archive: Last Bill Status - Passed Senate

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May 1, 2018 - floor Vote

Floor Vote: May 1, 2018

Mar 12, 2018 - floor Vote

Floor Vote: Mar 12, 2018

Jan 9, 2018 - Children and Families committee Vote

Committee Vote: Jan 9, 2018

Apr 25, 2017 - floor Vote

Floor Vote: Apr 25, 2017

Feb 7, 2017 - Children and Families committee Vote

Committee Vote: Feb 7, 2017

Bill Amendments

Co-Sponsors

S2167 - Details

S2167 - Summary

S2167 - Sponsor Memo

S2167 - Bill Text download pdf

Co-Sponsors

S2167A (ACTIVE) - Details

S2167A (ACTIVE) - Summary

S2167A (ACTIVE) - Sponsor Memo

S2167A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2167A

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Sponsored By

Sue Serino

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 1, 2018 - floor Vote

Floor Vote: May 1, 2018

Mar 12, 2018 - floor Vote

Floor Vote: Mar 12, 2018

Jan 9, 2018 - Children and Families committee Vote

Committee Vote: Jan 9, 2018

Apr 25, 2017 - floor Vote

Floor Vote: Apr 25, 2017

Feb 7, 2017 - Children and Families committee Vote

Committee Vote: Feb 7, 2017

Bill Amendments

Co-Sponsors

Tony Avella

S2167 - Details

S2167 - Summary

S2167 - Sponsor Memo

S2167 - Bill Text download pdf

Co-Sponsors

Tony Avella

James Tedisco

S2167A (ACTIVE) - Details

S2167A (ACTIVE) - Summary

S2167A (ACTIVE) - Sponsor Memo

S2167A (ACTIVE) - Bill Text download pdf

Comments