NY State Senate Bill 2021-S3039

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to children and families
Jan 27, 2021	referred to children and families

co-Sponsors

2021-S3039 (ACTIVE) - Details

See Assembly Version of this Bill:: A510
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
2019-2020: S1251, A767
2023-2024: S5309, A39

2021-S3039 (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.

2021-S3039 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3039

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' y
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:

2019-20: S.1251 Advanced to 3rd Reading
2017-18: S.2167A Passed Senate
2016: S.7394 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3039 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3039
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 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 261 of the laws  of  2020,  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;  or  (d)  refrain from remotely controlling any
 connected devices affecting the home, vehicle or property of the  person
 protected  by  the  order.  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
 RESPONDENT,  AND  ORDER  THE RESPONDENT TO STAY AWAY FROM THE ANIMAL AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00441-01-1

 S. 3039                             2
 
 FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARMING, 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.
 "Connected device", as used in this subdivision, shall mean any  device,
 or  other physical object that is capable of connecting to the internet,
 directly or indirectly,  and  that  is  assigned  an  internet  protocol
 address or bluetooth address.
   § 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 261 of the laws of 2020, 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

 S. 3039                             3
 
 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.
   § 6. Paragraph 1 of subdivision (i) of section 842 of the family court
 act, as amended by chapter 335 of the laws of 2019, 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  261  of  the
 laws of 2020, 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

 S. 3039                             4
 
 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.
   § 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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Senate Bill S3039

Sponsored By

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

co-Sponsors

2021-S3039 (ACTIVE) - Details

2021-S3039 (ACTIVE) - Summary

2021-S3039 (ACTIVE) - Sponsor Memo

2021-S3039 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3039

Share this bill

Sponsored By

Susan Serino

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

co-Sponsors

James Tedisco

2021-S3039 (ACTIVE) - Details

2021-S3039 (ACTIVE) - Summary

2021-S3039 (ACTIVE) - Sponsor Memo

2021-S3039 (ACTIVE) - Bill Text download pdf

Comments