NY State Senate Bill 2025-S8035

Senate Bill S8035

2025-2026 Legislative Session

Authorizes courts, upon issuance of an order of protection, to order exclusive care, custody, and control of certain companion animals be granted to the petitioner

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to children and families

2025-S8035 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§812, 821, 446, 551, 656, 842 & 1056, Fam Ct Act; amd §§530.12 & 530.11, CP L; amd §§240 & 252, Dom Rel L

2025-S8035 (ACTIVE) - Summary

Authorizes courts, upon issuance of an order of protection, to order exclusive care, custody, and control of certain companion animals be granted to the petitioner

2025-S8035 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8035

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

Authorizes courts, upon issuance of an order of protection, to order
exclusive care, custody, and control of certain companion animals be
granted to the petitioner.

 
SUMMARY OF PROVISIONS:

Section 1: Amends opening paragraph of subdivision 1 of section 812 of
the family court act, to establish that both family and criminal courts
have concurrent jurisdiction over a broad range of offenses-including
harassment, sexual abuse, assault, coercion, identity theft, and stalk-

ing-when committed between spouses, former spouses, parents and chil-
dren, or household members. It also includes concurrent jurisdiction for
animal cruelty crimes involving animals connected to these individuals.
Even if a complainant chooses to proceed in family court, criminal court
jurisdiction remains intact.  Additionally, courts cannot deny
protection orders or dismiss cases solely because the alleged incidents
did not occur recently.

Section 2: Amends paragraph (a) of subdivision 1 of section 821 of the
family court act, to outline that a respondent may face legal action for
assault, attempted assault, or various offenses-including harassment,
sexual misconduct, stalking, identity theft, coercion, and more-when
committed against a spouse, former spouse, parent, child, or other
household member. It also includes allegations of animal cruelty, aggra-
vated animal cruelty, or sexual misconduct with an animal, specifically
when the animal is connected to the respondent's family or household.
These offenses justify legal proceedings regardless of the familial
relationship. The language ensures protection for individuals and
animals closely associated with the respondent.

Section 3: Amends subparagraph 6 of paragraph (a) of subdivision 1 of
530.12 of the criminal procedure law, to allow courts to grant petition-
ers exclusive custody or control of a companion animal owned or cared
for by either party or a minor child in the household. It can also order
the respondent to stay away from the animal and prohibit them from harm-
ing, hiding, or transferring it. Additionally, the respondent is barred
from intentionally injuring or killing the animal without justification.
The term "companion animal" is defined according to the Agriculture and
Markets Law.

Section 4: Amends subdivision (h) of section 446 of the Family Court
Act, to allow the court to grant the petitioner exclusive care and
custody of a companion animal owned or cared for by either party or a
minor child in their household. It also authorizes the court to order
the respondent to stay away from the animal and prohibit harming,
hiding, or disposing of it. Additionally, the respondent must not inten-
tionally injure or kill the animal without justification.
Section 5: Amends subdivision (i) of section 551 of the Family Court
Act, to permit the court to give the petitioner exclusive care and
custody of a companion animal owned or cared for by either party or
their minor child. It also prohibits the respondent from going near the
animal or taking actions like hiding, harming, or transferring it. The
respondent must not intentionally injure or kill the animal without
justification.

Section 6: Amends Subdivision (i) of section 656 of the Family Court
Act, to allow the court to give the petitioner exclusive custody and
control of a companion animal owned or cared for by either party or
their minor child. It also prohibits the respondent from going near,
harming, hiding, or otherwise interfering with the animal.  Addi-
tionally, the respondent must not intentionally injure or kill the
animal without justification.

Section 7: Amends Subdivision (i) of section 842 of the Family Court
Act, authorizes the court to grant the petitioner exclusive custody of a
companion animal owned or cared for by either party or a minor child in
their household. It also prohibits the respondent from approaching,
harming, hiding, or interfering with the animal. Additionally, the
respondent must not intentionally injure or kill the animal without
justification.

Section 8: Amends Paragraph (g) of subdivision 1 of section 1056 of the
Family Court Act, to allow the court to give the petitioner exclusive
custody and control of a companion animal owned or cared for by either
party or their minor child. It also prohibits the respondent from going
near, harming, hiding, or otherwise interfering with the animal: Addi-
tionally, the respondent must not intentionally injure or kill the
animal without justification.

Section 9: Amends Subparagraph 7 of paragraph a of subdivision 3 of
section 240 of 9 the domestic relations law, to authorize the court to
give the petitioner exclusive custody of a companion animal owned or
cared for by either party or a minor child in the household. It also
requires the respondent to stay away from the animal and not harm, hide,
or dispose of it.

Additionally, the respondent is prohibited from intentionally injuring
or killing the animal without justification.  Section 10: Amends Para-
graph (g) of subdivision 1 of section 252 of the domestic relations law,
to allow the court to grant the petitioner exclusive care and custody of
a companion animal owned or cared for by either party or their minor
child. It also prohibits the respondent from going near, harming,
hiding, or otherwise interfering with the animal. Additionally, the
respondent must not intentionally injure or kill the animal without
justification.

Section 11: Amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law, to state that the family court and
criminal courts share jurisdiction over cases involving various offenses
such as disorderly conduct, harassment, sexual misconduct, assault,
stalking, identity theft, grand larceny, coercion, and related crimes
between family or household members. If the respondent is not criminally
responsible due to age, the family court has exclusive jurisdiction.
Both courts also have concurrent jurisdiction over animal cruelty
offenses linked to family or household members.  Even if a complainant
chooses to proceed in family court, the criminal court retains jurisdic-
tion to hear the case, and "disorderly conduct" includes conduct occur-
ring outside public places.

Section 12: Sets effective date.

 
JUSTIFICATION:

The Animal Legal Defense Fund is a national nonprofit organization dedi-
cated to protecting the lives and advancing the interests of animals
through the legal system. In 2024, the ALDF released a report called the
"2024 U.S. Animal Protection Laws Rankings: The Best and Worst States
and Territories for Animal Protection Laws," in which they ranked the
top five best and worst states for animal protection laws. Some of the
strongest animal cruelty prevention laws highlighted in the report
related to allowing courts to include companion animals in orders of
protection. For example, Oregon explicitly permits courts to include
animals in domestic violence protection orders, ensuring that victims of
domestic violence can retain custody of their beloved companion animals
when fleeing abusive situations.

The bill amends multiple provisions across the Family Court Act and
Domestic Relations Law to allow courts to issue orders of protection
that include companion animals. Courts can now grant exclusive custody
of a companion animal to the petitioner and prohibit the respondent from
harming or interfering with the animal. This provision acknowledges the
role animals play in the lives of abuse victims and protects them from
being used as tools of coercion or threats.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8035 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8035
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13066-01-5

 S. 8035                             2
 
 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. 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
 S. 8035                             3
 
 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,
 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,
 S. 8035                             4
 
 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;
   §  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;
 S. 8035                             5
 
   § 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
 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
 S. 8035                             6
 
 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.

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