Assembly Bill A39

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    39
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 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.
              

                                                            LBD00725-01-3
 A. 39                               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
 A. 39                               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 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  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
 A. 39                               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.