Senate Bill S3525A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3525--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by Sens. BAILEY, ADDABBO, BIAGGI, STAVISKY -- read twice and
   ordered printed, and when printed to be committed 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.
              

                                                            LBD00302-09-1

 S. 3525--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.