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.

Statutes affected:
S8035: 240 domestic relations law, 240(3) domestic relations law, 252 domestic relations law, 252(1) domestic relations law, 530.11 criminal procedure law, 530.11(1) criminal procedure law