S T A T E O F N E W Y O R K
________________________________________________________________________
10857
I N A S S E M B L Y
April 8, 2026
___________
Introduced by M. of A. HEVESI -- 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 authorizing courts, upon
issuance of an order of protection, to order exclusive care, custody,
and control of certain companion animals be granted to the petitioner
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 812 of
the family court act, as amended by chapter 541 of the laws of 2024, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, unlawful dissemination or publication of an intimate
image, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in the first
degree, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. THE FAMILY COURT AND THE CRIMINAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13066-01-5
A. 10857 2
COURTS SHALL ALSO HAVE CONCURRENT JURISDICTION OVER ANY PROCEEDING
CONCERNING ACTS WHICH WOULD CONSTITUTE ANIMAL CRUELTY AS SET FORTH IN
SECTION THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW,
AGGRAVATED ANIMAL CRUELTY AS SET FORTH IN SECTION THREE HUNDRED FIFTY-
THREE-A OF THE AGRICULTURE AND MARKETS LAW, OR SEXUAL MISCONDUCT WITH AN
ANIMAL AS SET FORTH IN SUBDIVISION FOUR OF SECTION 130.20 OF THE PENAL
LAW WHEN PERPETRATED AGAINST AN ANIMAL OWNED, POSSESSED, OR RESIDING
WITH A SPOUSE OR FORMER SPOUSE OF THE RESPONDENT, A CHILD OF THE
RESPONDENT, OR A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE RESPOND-
ENT. Notwithstanding a complainant's election to proceed in family
court, the criminal court shall not be divested of jurisdiction to hear
a family offense proceeding pursuant to this section. In any proceeding
pursuant to this article, a court shall not deny an order of protection,
or dismiss a petition, solely on the basis that the acts or events
alleged are not relatively contemporaneous with the date of the peti-
tion, the conclusion of the fact-finding or the conclusion of the dispo-
sitional hearing. For purposes of this article, "disorderly conduct"
includes disorderly conduct not in a public place. For purposes of this
article, "members of the same family or household" shall mean the
following:
§ 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by section 6 of part NN of chapter 55 of the laws of
2018, is amended to read as follows:
(a) An allegation that the respondent assaulted or attempted to
assault [his or her] SUCH RESPONDENT'S spouse, or former spouse, parent,
child or other member of the same family or household or engaged in
disorderly conduct, harassment, sexual misconduct, forcible touching,
sexual abuse in the third degree, sexual abuse in the second degree as
set forth in subdivision one of section 130.60 of the penal law, stalk-
ing, criminal mischief, menacing, reckless endangerment, criminal
obstruction of breathing or blood circulation, strangulation, identity
theft in the first degree, identity theft in the second degree, identity
theft in the third degree, grand larceny in the fourth degree, grand
larceny in the third degree, coercion in the second degree or coercion
in the third degree as set forth in subdivisions one, two and three of
section 135.60 of the penal law, toward any such person, OR AN ALLEGA-
TION THE RESPONDENT PERPETRATED ANIMAL CRUELTY AS SET FORTH IN SECTION
THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW, AGGRAVATED
ANIMAL CRUELTY AS SET FORTH IN SECTION THREE HUNDRED FIFTY-THREE-A OF
THE AGRICULTURE AND MARKETS LAW, OR SEXUAL MISCONDUCT WITH AN ANIMAL AS
SET FORTH IN SUBDIVISION FOUR OF SECTION 130.20 OF THE PENAL LAW AGAINST
AN ANIMAL OWNED, POSSESSED, OR RESIDING WITH A SPOUSE OR FORMER SPOUSE
OF THE RESPONDENT, A CHILD OF THE RESPONDENT, OR A MEMBER OF THE SAME
FAMILY OR HOUSEHOLD AS THE RESPONDENT;
§ 3. Subparagraph 6 of paragraph (a) of subdivision 1 of 530.12 of the
criminal procedure law, as amended by chapter 526 of the laws of 2013,
is amended to read as follows:
(6) (A) TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR
CONTROL OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD
BY EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN
THE RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT
AND ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND
FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEAL-
ING, HARMING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
(B) to refrain from intentionally injuring or killing, without justi-
fication, any companion animal the defendant knows to be owned,
A. 10857 3
possessed, leased, kept or held by the victim or a minor child residing
in the household.
[(B)] (C) "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;
§ 4. 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:
(h) 1. TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR CONTROL
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY
EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN THE
RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT AND
ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND FORBID
THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
2. 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 or
a minor child residing in such person's household.
[2.] 3. "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;
§ 5. 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:
(i) 1. TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR CONTROL
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY
EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN THE
RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT AND
ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND FORBID
THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
2. 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 or
a minor child residing in such person's household.
[2.] 3. "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;
§ 6. 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:
(i) 1. TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR CONTROL
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY
EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN THE
RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT AND
ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND FORBID
THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
2. 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 household.
[2.] 3. "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;
A. 10857 4
§ 7. 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:
(i) 1. TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR CONTROL
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY
EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN THE
RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT AND
ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND FORBID
THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
2. 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 household.
[2.] 3. "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;
§ 8. 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:
(g) 1. TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR CONTROL
OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD BY
EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN THE
RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT AND
ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND FORBID
THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEALING, HARM-
ING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
2. 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 or
a minor child residing in such person's household.
[2.] 3. "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;
§ 9. 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) (I) TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR
CONTROL OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD
BY EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN
THE RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT
AND ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND
FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEAL-
ING, HARMING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
(II) 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 or
a minor child residing in such person's household.
(III) "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;
§ 10. 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) (1) TO GRANT THE PETITIONER THE EXCLUSIVE CARE, CUSTODY, OR
CONTROL OF ANY COMPANION ANIMAL OWNED, POSSESSED, LEASED, KEPT, OR HELD
A. 10857 5
BY EITHER THE PETITIONER OR THE RESPONDENT OR A MINOR CHILD RESIDING IN
THE RESIDENCE OR HOUSEHOLD OF EITHER THE PETITIONER OR THE RESPONDENT
AND ORDER THE RESPONDENT TO STAY AWAY FROM THE COMPANION ANIMAL AND
FORBID THE RESPONDENT FROM TAKING, TRANSFERRING, ENCUMBERING, CONCEAL-
ING, HARMING, OR OTHERWISE DISPOSING OF THE COMPANION ANIMAL.
(2) 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 or
a minor child residing in such person's household.
(3) "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. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 541 of the laws of 2024,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, unlawful dissemination or publication of an intimate
image, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, strangulation in the first degree, strangulation
in the second degree, criminal obstruction of breathing or blood circu-
lation, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. THE FAMILY COURT AND THE CRIMINAL
COURTS SHALL ALSO HAVE CONCURRENT JURISDICTION OVER ANY PROCEEDING
CONCERNING ACTS WHICH WOULD CONSTITUTE ANIMAL CRUELTY AS SET FORTH IN
SECTION THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW,
AGGRAVATED ANIMAL CRUELTY AS SET FORTH IN SECTION THREE HUNDRED FIFTY-
THREE-A OF THE AGRICULTURE AND MARKETS LAW, OR SEXUAL MISCONDUCT WITH AN
ANIMAL AS SET FORTH IN SUBDIVISION FOUR OF SECTION 130.20 OF THE PENAL
LAW WHEN PERPETRATED AGAINST AN ANIMAL OWNED, POSSESSED, OR RESIDING
WITH A SPOUSE OR FORMER SPOUSE OF THE RESPONDENT, A CHILD OF THE
RESPONDENT, OR A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE RESPOND-
ENT. Notwithstanding a complainant's election to proceed in family
court, the criminal court shall not be divested of jurisdiction to hear
a family offense proceeding pursuant to this section. For purposes of
this section, "disorderly conduct" includes disorderly conduct not in a
public place. For purposes of this section, "members of the same family
or household" with respect to a proceeding in the criminal courts shall
mean the following:
§ 12. This act shall take effect immediately.