NY State Senate Bill S1251

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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In Committee
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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Jun 20, 2019	committed to rules
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.627
Jan 11, 2019	referred to children and families

Votes

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May 7, 2019 - Children and Families committee Vote

S1251

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

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Children and Families Committee Vote: May 7, 2019

aye (6)

aye wr (1)

Persaud

Co-Sponsors

S1251 (ACTIVE) - Details

See Assembly Version of this Bill:: A767
Current Committee:: Senate Children And Families
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
2017-2018: S2167, A668
2021-2022: S3039, A510
2023-2024: S5309, A39

S1251 (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.

S1251 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1251

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: Provides 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 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 house-
hold, 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:

2017-18: S.2167A Passed Senate
2016: S.7394 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1251 (ACTIVE) - Bill Text download pdf


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

                                  1251

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 11, 2019
                               ___________

Introduced  by  Sens. SERINO, TEDISCO -- 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] 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

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

                                                           LBD03289-01-9

S. 1251                             2

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
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

S. 1251                             3

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
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.

S. 1251                             4

  § 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 S1251

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

Votes

May 7, 2019 - Children and Families committee Vote

Children and Families Committee Vote: May 7, 2019

Co-Sponsors

S1251 (ACTIVE) - Details

S1251 (ACTIVE) - Summary

S1251 (ACTIVE) - Sponsor Memo

S1251 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1251

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Sponsored By

Sue Serino

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

Votes

May 7, 2019 - Children and Families committee Vote

Children and Families Committee Vote: May 7, 2019

Co-Sponsors

James Tedisco

S1251 (ACTIVE) - Details

S1251 (ACTIVE) - Summary

S1251 (ACTIVE) - Sponsor Memo

S1251 (ACTIVE) - Bill Text download pdf

Comments