Senate Bill S5309

2023-2024 Legislative Session

Relates to orders of protection with respect to companion animals

download bill text pdf

Sponsored By

Current 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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2023-S5309 (ACTIVE) - Details

See Assembly Version of this Bill:
A39
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
2021-2022: S3039, A510

2023-S5309 (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.

2023-S5309 (ACTIVE) - Sponsor Memo

2023-S5309 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5309
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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
 FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, CONCEALING, HARMING, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00725-01-3
              

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