S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5315--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, THIELE, SIMON, PAULIN, BURDICK,
   GONZALEZ-ROJAS -- read once and referred to the Committee on Judiciary
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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 CIVIL OR CRIMINAL 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 REPRE-
 SENT THE INTERESTS OF SUCH ANIMAL AND TO HELP ENSURE THE  WELL-BEING  OF
 ANY  LIVING  ANIMAL  VICTIM.    IF  A  COURT  ORDERS THAT AN ADVOCATE BE
 APPOINTED TO REPRESENT THE INTERESTS  OF  AN  ANIMAL,  THE  COURT  SHALL
 APPOINT  SUCH  ADVOCATE  FROM  A LIST PROVIDED TO THE COURT BY THE CHIEF
 JUDGE OF THE STATE OF NEW YORK PURSUANT  TO  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   2. THE ADVOCATE SHALL:
   (A) MONITOR THE CASE;
   (B)  HAVE  ACCESS TO RELEVANT FILES, DOCUMENTS, AND REPORTS RELATED TO
 THE CASE;
   (C) REVIEW RECORDS RELATING TO THE CONDITION OF  THE  ANIMAL  AND  THE
 DEFENDANT'S  ACTIONS, INCLUDING, BUT NOT LIMITED TO, RECORDS FROM ANIMAL
 CONTROL OFFICERS, OFFICERS  OF  A  DULY  INCORPORATED  SOCIETY  FOR  THE
 PREVENTION OF CRUELTY TO ANIMALS, VETERINARIANS AND POLICE OFFICERS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00302-08-1

 A. 5315--A                          2
 
   (D)  SHARE  WITH ATTORNEYS FOR THE STATE AND DEFENDANT ANY INFORMATION
 NEW TO THE CASE OR PREPARED BY THE  ADVOCATE  FOR  PRESENTATION  TO  THE
 COURT OR EITHER PARTY; AND
   (E)  PRESENT INFORMATION AND RECOMMENDATIONS TO THE COURT PERTINENT TO
 DETERMINATIONS THAT RELATE TO THE INTERESTS OF THE ANIMAL  IN  QUESTION,
 PROVIDED  SUCH INFORMATION AND RECOMMENDATIONS RESULT FROM EXECUTING THE
 DUTIES UNDERTAKEN PURSUANT TO THIS  SUBDIVISION.  SUCH  INFORMATION  AND
 RECOMMENDATIONS  MAY  BE  BASED UPON THE KNOWLEDGE AND EXPERIENCE OF THE
 ADVOCATE OR ANOTHER SPECIALIST WITH SPECIFIC  KNOWLEDGE  AND  EXPERIENCE
 RELATED TO THE TYPE OF ANIMAL INVOLVED IN THE CASE.
   3. THE ADVOCATE MAY:
   (A)  CONSULT  ANY INDIVIDUAL WITH INFORMATION THAT COULD AID THE JUDGE
 OR FACT FINDER;
   (B) ATTEND HEARINGS; AND
   (C) AS NEEDED AND APPROPRIATE, PROVIDE A VICTIM  IMPACT  STATEMENT  TO
 THE COURT.
   4. ADVOCATES SHALL NOT HAVE DISCOVERY OR SUBPOENA POWERS.
   5.  THE OFFICE OF COURT ADMINISTRATION SHALL MAINTAIN A LIST OF ATTOR-
 NEYS AND SUPERVISED LAW STUDENTS WHO HAVE  INDICATED  A  WILLINGNESS  TO
 SERVE  AS  ADVOCATES  UNDER  THIS  SECTION  ON A VOLUNTARY BASIS AND ARE
 ELIGIBLE TO DO SO. LAW STUDENT ADVOCATES SHALL BE SUPERVISED IN  ACCORD-
 ANCE  WITH  SECTIONS FOUR HUNDRED SEVENTY-EIGHT AND FOUR HUNDRED EIGHTY-
 FOUR OF THIS CHAPTER AND ANY OTHER  APPLICABLE  LAWS,  RULES  AND  REGU-
 LATIONS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.