BILL NUMBER: S4613
SPONSOR: WEIK
 
TITLE OF BILL:
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
 
PURPOSE:
To extend protections to the pets of victims of domestic abuse by giving
the court discretion to forbid contact between the abuser and any pet
cared for by the victim.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 352.3 of the family court act to give the
court discretion to grant the petitioner of an order of protection
custody of a companion animal owned by the petitioner, respondent, or a
minor child residing in the residence of the petitioner or respondent.
It also gives the court discretion to forbid any contact between the
respondent and any companion animal belonging to either party or a minor
child residing in the household.
Section 2: Amends section 446 of the family court act by adding the same
provisions as section 1 of this bill.
Section 3: Amends section 551 of the family court act by adding the same
provisions as section 1 of this bill.
Section 4: Amends section 656 of the family court act by adding the same
provisions as section 1 of this bill.
Section 5: Amends section 759 of the family court act by adding the same
provisions as section 1 of this bill.
Section 6: Amends section 842 of the family court act by adding the same
provisions as section 1 of this bill.
Section 7: Amends section 1056 of the family court act by adding the
same provisions as section 1 of this bill.
Section 8: Amends section 530.12 of the criminal procedure law by adding
the same provisions as section 1 of this bill.
Section 9: Amends section 530.13 of the criminal procedure' law' y
adding similar provisions to section 1 of this bill.
Section 10: Amends section 240 of the domestic relations law by adding
the same provisions as section 1 of this bill.
Section 11: Amends section 252 of the domestic relations law by adding
the same provisions as section 1 of this bill.
Section 12: Provides the effective date.
 
JUSTIFICATION:
Study after study has linked domestic abuse with animal abuse. A study
by the American Humane Association found that 71% of pet-owning women
entering women's shelters reported that their batterer had injured,
maimed, killed or threatened family pets for revenge or to psychologi-
cally control their victim. The fact is, the people who are capable of
harming their significant others are almost certainly capable of harming
their pets. Unfortunately, many abusers can hold this over their
victims. According to the Urban Resource Institute, 48% of victims of
domestic violence do not leave their abuser because they fear what would
happen to their pet. This bill seeks to empower those who desperately
need to get away from their abuser, but are too selfless and concerned
that they will have to leave their pet behind.
Currently, orders of protection only prohibit the respondent from inten-
tionally injuring or killing a pet belonging to the petitioner or a
minor child in their household. Knowing that the petitioner has violated
the order of protection would serve little comfort in the tragic event
that someone lost their pet. For this reason, more needs to be done to
prevent that from happening by giving the court discretion to forbid any
contact between the respondent and the pet.
Furthermore, it is imperative that the court has the discretion when
issuing the order of protection to extend it so that it explicitly
covers not only pets owned by the victim or a minor child in the house-
hold, but also any pets that may be legally owned by the abuser but in
practice are shared with the victim. People can easily grow attached to
the pets of their significant others, and a pet owned by their partner
would certainly be a concern of theirs when considering leaving an
abusive relationship, regardless of who legally owns the pet. States
such as California, New Jersey, Ohio, Massachusetts, and many others
have already recognized the need for such provisions. The American
Humane Association found that 98% of Americans consider their pet to be
a part of their family, and victims of violence should not be forced to
abandon a part of their family in order to escape their abuser.
 
LEGISLATIVE HISTORY:
2023 S5309 Children and Families
2022 S3039 Children and Families
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4613: 530.12 criminal procedure law, 530.12(1) criminal procedure law, 530.13 criminal procedure law, 530.13(1) criminal procedure law, 240 domestic relations law, 240(3) domestic relations law, 252 domestic relations law, 252(1) domestic relations law