S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3724
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic  relations  law  and  the  agriculture  and
   markets  law,  in  relation  to providing for the legal ownership of a
   companion animal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  domestic  relations  law  is amended by adding a new
 section 256 to read as follows:
   § 256. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION;
 ASSIGNMENT OF SOLE OR JOINT OWNERSHIP. 1. NOTWITHSTANDING ANY OTHER  LAW
 TO THE CONTRARY, THE COURT, AT THE REQUEST OF A PARTY TO PROCEEDINGS FOR
 DISSOLUTION  OF  MARRIAGE  OR  FOR  LEGAL SEPARATION OF THE PARTIES, MAY
 ENTER AN ORDER PRIOR TO  THE  FINAL  DETERMINATION  OF  OWNERSHIP  OF  A
 COMPANION  ANIMAL  TO  REQUIRE  A PARTY TO CARE FOR THE COMPANION ANIMAL
 TAKING INTO CONSIDERATION THE WELL-BEING OF SUCH COMPANION  ANIMAL.  THE
 EXISTENCE  OF  AN  ORDER  PROVIDING  FOR  THE CARE OF A COMPANION ANIMAL
 DURING THE COURSE OF PROCEEDINGS  SHALL  NOT  HAVE  ANY  IMPACT  ON  THE
 COURT'S FINAL DETERMINATION OF OWNERSHIP OF THE COMPANION ANIMAL.
   2. NOTWITHSTANDING ANY OTHER LAW, THE COURT, AT THE REQUEST OF A PARTY
 TO  PROCEEDINGS  FOR  DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION OF
 THE PARTIES, MAY ASSIGN SOLE OR JOINT OWNERSHIP OF THE COMPANION  ANIMAL
 TAKING INTO CONSIDERATION THE WELL-BEING OF THE COMPANION ANIMAL.
   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.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 382 to read as follows:
   § 382. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION.
 1. NOTWITHSTANDING ANY OTHER LAW TO  THE  CONTRARY,  IN  ANY  PROCEEDING
 WHEREIN  AT  ISSUE IS OWNERSHIP OF A COMPANION ANIMAL WHO CURRENTLY DOES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00989-01-1

 A. 3724                             2
 
 OR HAS RESIDED WITH PARTIES TO THE LAWSUIT, THE COURT MAY ENTER AN ORDER
 PRIOR TO THE FINAL DETERMINATION OF OWNERSHIP OF A COMPANION  ANIMAL  TO
 REQUIRE  A  PARTY TO CARE FOR THE COMPANION ANIMAL TAKING INTO CONSIDER-
 ATION THE WELL-BEING OF SUCH COMPANION ANIMAL. THE EXISTENCE OF AN ORDER
 PROVIDING  FOR  THE  CARE  OF  A  COMPANION  ANIMAL DURING THE COURSE OF
 PROCEEDINGS SHALL NOT HAVE ANY IMPACT ON THE COURT'S FINAL DETERMINATION
 OF OWNERSHIP OF SUCH COMPANION ANIMAL.
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  IN  ANY  PROCEEDING
 WHEREIN  AT  ISSUE IS OWNERSHIP OF A COMPANION ANIMAL WHO CURRENTLY DOES
 OR HAS RESIDED WITH PARTIES TO THE LAWSUIT, THE COURT MAY ASSIGN SOLE OR
 JOINT OWNERSHIP OF THE COMPANION ANIMAL TAKING  INTO  CONSIDERATION  THE
 WELL-BEING OF SUCH COMPANION ANIMAL.
   3.  "COMPANION  ANIMAL"  AS  USED  IN THIS SECTION SHALL HAVE THE SAME
 MEANING AS PROVIDED IN SUBDIVISION FIVE OF SECTION THREE  HUNDRED  FIFTY
 OF THIS ARTICLE.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.