BILL NUMBER: S5514
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to includ-
ing consideration of evidence of recent acts of aggravated cruelty to
animals as a factor to be considered when determining whether grounds
for a temporary extreme risk protection order exist
 
PURPOSE:
To add recent acts of aggravated cruelty to animals to the list of
determining factors for temporary extreme risk protection orders.
 
SUMMARY OF PROVISIONS:
Section one amends Civil Practice Law section 6342 to add "recent acts
of aggravated cruelty to animals as defined in Agriculture and Markets
Law section 353-A" to the list of considerations used by a court to
determine whether to issue a temporary extreme risk protection order.
Section two is the effective date.
 
JUSTIFICATION:
Currently, Civil Practice Law lists criteria for courts to consider when
determining whether to issue a temporary extreme risk protection order
(TERPO.) These include but are not limited to threats of physical force,
reckless use or brandishing of firearms, recent or ongoing substance or
alcohol abuse, or other considerations. While the court may consider
other unlisted factors at its discretion, four states have explicitly
added animal cruelty to their statutes as this bill would do.
Both academic and law enforcement sources recognize a link between
cruelty to animals and violence against people. A 2021 article in the
FBI's Law Enforcement Bulletin characterizes recent research Into animal
abuse as showing "a well-documented link that it is a predictive or
co-occurring crime with violence against humans...and is associated with
other types of violent offenses," noting that increased awareness of
this connection "strengthens the identification and reduction of such
crimes."
The National Sheriffs' Association similarly notes the connection
between animal and human violence, including that 60% of families under
investigation for child abuse and 88% of those specifically investigated
for physical child abuse also reported instances of animal cruelty.
New York law recognizes this link in Family Court Act section 842,
allowing companion animals to be included in orders of protection.
Expanding the TERPO criteria to explicitly include cruelty to animals is
an important step in protecting New Yorkers by recognizing the strong
connection to violence against people.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5514: 6342 civil practice law, 6342(2) civil practice law