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Assembly Bill A702

2019-2020 Legislative Session

Relates to the appointment of a special advocate in a proceeding involving the welfare of an animal

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Archive: Last Bill Status - In Assembly Committee

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2019-A702 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §353-g, Ag & Mkts L
Versions Introduced in 2017-2018 Legislative Session:
A8638

2019-A702 (ACTIVE) - Summary

Relates to the appointment of a special advocate in a proceeding involving the welfare of an animal.

2019-A702 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    702
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   appointment  of  a  special  advocate  in  a  proceeding involving the
   welfare of an animal

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 353-g to read as follows:
   § 353-G. SPECIAL ADVOCATE IN PROCEEDINGS REGARDING ANIMAL WELFARE.  1.
 IN ANY PROCEEDING UNDER THIS ARTICLE, ARTICLE TWENTY-SIX-A OF THIS CHAP-
 TER  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 COMMISSIONER
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. A DECISION BY  THE  COURT
 DENYING A REQUEST TO APPOINT A SEPARATE ADVOCATE TO REPRESENT THE INTER-
 ESTS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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