S 8035: 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

  
  STATE OF NEW YORK ________________________________________________________________________ 8035 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. The opening paragraph of subdivision 1 of section 812 of 2 the family court act, as amended by chapter 541 of the laws of 2024, is 3 amended to read as follows: 4 The family court and the criminal courts shall have concurrent juris- 5 diction over any proceeding concerning acts which would constitute 6 disorderly conduct, unlawful dissemination or publication of an intimate 7 image, harassment in the first degree, harassment in the second degree, 8 aggravated harassment in the second degree, sexual misconduct, forcible 9 touching, sexual abuse in the third degree, sexual abuse in the second 10 degree as set forth in subdivision one of section 130.60 of the penal 11 law, stalking in the first degree, stalking in the second degree, stalk- 12 ing in the third degree, stalking in the fourth degree, criminal 13 mischief, menacing in the second degree, menacing in the third degree, 14 reckless endangerment, criminal obstruction of breathing or blood circu- 15 lation, strangulation in the second degree, strangulation in the first 16 degree, assault in the second degree, assault in the third degree, an 17 attempted assault, identity theft in the first degree, identity theft in 18 the second degree, identity theft in the third degree, grand larceny in 19 the fourth degree, grand larceny in the third degree, coercion in the 20 second degree or coercion in the third degree as set forth in subdivi- 21 sions one, two and three of section 135.60 of the penal law between 22 spouses or former spouses, or between parent and child or between 23 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 1 would not be criminally responsible by reason of age pursuant to section 2 30.00 of the penal law, then the family court shall have exclusive 3 jurisdiction over such proceeding. The family court and the criminal 4 courts shall also have concurrent jurisdiction over any proceeding 5 concerning acts which would constitute animal cruelty as set forth in 6 section three hundred fifty-three of the agriculture and markets law, 7 aggravated animal cruelty as set forth in section three hundred fifty- 8 three-a of the agriculture and markets law, or sexual misconduct with an 9 animal as set forth in subdivision four of section 130.20 of the penal 10 law when perpetrated against an animal owned, possessed, or residing 11 with a spouse or former spouse of the respondent, a child of the 12 respondent, or a member of the same family or household as the respond- 13 ent. Notwithstanding a complainant's election to proceed in family 14 court, the criminal court shall not be divested of jurisdiction to hear 15 a family offense proceeding pursuant to this section. In any proceeding 16 pursuant to this article, a court shall not deny an order of protection, 17 or dismiss a petition, solely on the basis that the acts or events 18 alleged are not relatively contemporaneous with the date of the peti- 19 tion, the conclusion of the fact-finding or the conclusion of the dispo- 20 sitional hearing. For purposes of this article, "disorderly conduct" 21 includes disorderly conduct not in a public place. For purposes of this 22 article, "members of the same family or household" shall mean the 23 following: 24 § 2. Paragraph (a) of subdivision 1 of section 821 of the family court 25 act, as amended by section 6 of part NN of chapter 55 of the laws of 26 2018, is amended to read as follows: 27 (a) An allegation that the respondent assaulted or attempted to 28 assault [his or her] such respondent's spouse, or former spouse, parent, 29 child or other member of the same family or household or engaged in 30 disorderly conduct, harassment, sexual misconduct, forcible touching, 31 sexual abuse in the third degree, sexual abuse in the second degree as 32 set forth in subdivision one of section 130.60 of the penal law, stalk- 33 ing, criminal mischief, menacing, reckless endangerment, criminal 34 obstruction of breathing or blood circulation, strangulation, identity 35 theft in the first degree, identity theft in the second degree, identity 36 theft in the third degree, grand larceny in the fourth degree, grand 37 larceny in the third degree, coercion in the second degree or coercion 38 in the third degree as set forth in subdivisions one, two and three of 39 section 135.60 of the penal law, toward any such person, or an allega- 40 tion the respondent perpetrated animal cruelty as set forth in section 41 three hundred fifty-three of the agriculture and markets law, aggravated 42 animal cruelty as set forth in section three hundred fifty-three-a of 43 the agriculture and markets law, or sexual misconduct with an animal as 44 set forth in subdivision four of section 130.20 of the penal law against 45 an animal owned, possessed, or residing with a spouse or former spouse 46 of the respondent, a child of the respondent, or a member of the same 47 family or household as the respondent; 48 § 3. Subparagraph 6 of paragraph (a) of subdivision 1 of 530.12 of the 49 criminal procedure law, as amended by chapter 526 of the laws of 2013, 50 is amended to read as follows: 51 (6) (A) to grant the petitioner the exclusive care, custody, or 52 control of any companion animal owned, possessed, leased, kept, or held 53 by either the petitioner or the respondent or a minor child residing in 54 the residence or household of either the petitioner or the respondent 55 and order the respondent to stay away from the companion animal and 
 S. 8035 3 1 forbid the respondent from taking, transferring, encumbering, conceal- 2 ing, harming, or otherwise disposing of the companion animal. 3 (B) to refrain from intentionally injuring or killing, without justi- 4 fication, any companion animal the defendant knows to be owned, 5 possessed, leased, kept or held by the victim or a minor child residing 6 in the household. 7 [(B)] (C) "Companion animal", as used in this section, shall have the 8 same meaning as in subdivision five of section three hundred fifty of 9 the agriculture and markets law; 10 § 4. Subdivision (h) of section 446 of the family court act, as 11 amended by chapter 526 of the laws of 2013, is amended to read as 12 follows: 13 (h) 1. to grant the petitioner the exclusive care, custody, or control 14 of any companion animal owned, possessed, leased, kept, or held by 15 either the petitioner or the respondent or a minor child residing in the 16 residence or household of either the petitioner or the respondent and 17 order the respondent to stay away from the companion animal and forbid 18 the respondent from taking, transferring, encumbering, concealing, harm- 19 ing, or otherwise disposing of the companion animal. 20 2. to refrain from intentionally injuring or killing, without justi- 21 fication, any companion animal the respondent knows to be owned, 22 possessed, leased, kept or held by the person protected by the order or 23 a minor child residing in such person's household. 24 [2.] 3. "Companion animal", as used in this section, shall have the 25 same meaning as in subdivision five of section three hundred fifty of 26 the agriculture and markets law; 27 § 5. Subdivision (i) of section 551 of the family court act, as 28 amended by chapter 526 of the laws of 2013, is amended to read as 29 follows: 30 (i) 1. to grant the petitioner the exclusive care, custody, or control 31 of any companion animal owned, possessed, leased, kept, or held by 32 either the petitioner or the respondent or a minor child residing in the 33 residence or household of either the petitioner or the respondent and 34 order the respondent to stay away from the companion animal and forbid 35 the respondent from taking, transferring, encumbering, concealing, harm- 36 ing, or otherwise disposing of the companion animal. 37 2. to refrain from intentionally injuring or killing, without justi- 38 fication, any companion animal the respondent knows to be owned, 39 possessed, leased, kept or held by the person protected by the order or 40 a minor child residing in such person's household. 41 [2.] 3. "Companion animal", as used in this section, shall have the 42 same meaning as in subdivision five of section three hundred fifty of 43 the agriculture and markets law; 44 § 6. Subdivision (i) of section 656 of the family court act, as 45 amended by chapter 526 of the laws of 2013, is amended to read as 46 follows: 47 (i) 1. to grant the petitioner the exclusive care, custody, or control 48 of any companion animal owned, possessed, leased, kept, or held by 49 either the petitioner or the respondent or a minor child residing in the 50 residence or household of either the petitioner or the respondent and 51 order the respondent to stay away from the companion animal and forbid 52 the respondent from taking, transferring, encumbering, concealing, harm- 53 ing, or otherwise disposing of the companion animal. 54 2. to refrain from intentionally injuring or killing, without justi- 55 fication, any companion animal the respondent knows to be owned, 
 S. 8035 4 1 possessed, leased, kept or held by the petitioner or a minor child 2 residing in the household. 3 [2.] 3. "Companion animal", as used in this section, shall have the 4 same meaning as in subdivision five of section three hundred fifty of 5 the agriculture and markets law; 6 § 7. Subdivision (i) of section 842 of the family court act, as 7 amended by chapter 335 of the laws of 2019, is amended to read as 8 follows: 9 (i) 1. to grant the petitioner the exclusive care, custody, or control 10 of any companion animal owned, possessed, leased, kept, or held by 11 either the petitioner or the respondent or a minor child residing in the 12 residence or household of either the petitioner or the respondent and 13 order the respondent to stay away from the companion animal and forbid 14 the respondent from taking, transferring, encumbering, concealing, harm- 15 ing, or otherwise disposing of the companion animal. 16 2. to refrain from intentionally injuring or killing, without justi- 17 fication, any companion animal the respondent knows to be owned, 18 possessed, leased, kept or held by the petitioner or a minor child 19 residing in the household. 20 [2.] 3. "Companion animal", as used in this section, shall have the 21 same meaning as in subdivision five of section three hundred fifty of 22 the agriculture and markets law; 23 § 8. Paragraph (g) of subdivision 1 of section 1056 of the family 24 court act, as amended by chapter 526 of the laws of 2013, is amended to 25 read as follows: 26 (g) 1. to grant the petitioner the exclusive care, custody, or control 27 of any companion animal owned, possessed, leased, kept, or held by 28 either the petitioner or the respondent or a minor child residing in the 29 residence or household of either the petitioner or the respondent and 30 order the respondent to stay away from the companion animal and forbid 31 the respondent from taking, transferring, encumbering, concealing, harm- 32 ing, or otherwise disposing of the companion animal. 33 2. to refrain from intentionally injuring or killing, without justi- 34 fication, any companion animal the respondent knows to be owned, 35 possessed, leased, kept or held by the person protected by the order or 36 a minor child residing in such person's household. 37 [2.] 3. "Companion animal", as used in this section, shall have the 38 same meaning as in subdivision five of section three hundred fifty of 39 the agriculture and markets law; 40 § 9. Subparagraph 7 of paragraph a of subdivision 3 of section 240 of 41 the domestic relations law, as amended by chapter 526 of the laws of 42 2013, is amended to read as follows: 43 (7) (i) to grant the petitioner the exclusive care, custody, or 44 control of any companion animal owned, possessed, leased, kept, or held 45 by either the petitioner or the respondent or a minor child residing in 46 the residence or household of either the petitioner or the respondent 47 and order the respondent to stay away from the companion animal and 48 forbid the respondent from taking, transferring, encumbering, conceal- 49 ing, harming, or otherwise disposing of the companion animal. 50 (ii) to refrain from intentionally injuring or killing, without justi- 51 fication, any companion animal the respondent knows to be owned, 52 possessed, leased, kept or held by the person protected by the order or 53 a minor child residing in such person's household. 54 (iii) "Companion animal," as used in this section, shall have the same 55 meaning as in subdivision five of section three hundred fifty of the 56 agriculture and markets law; 
 S. 8035 5 1 § 10. Paragraph (g) of subdivision 1 of section 252 of the domestic 2 relations law, as amended by chapter 526 of the laws of 2013, is amended 3 to read as follows: 4 (g) (1) to grant the petitioner the exclusive care, custody, or 5 control of any companion animal owned, possessed, leased, kept, or held 6 by either the petitioner or the respondent or a minor child residing in 7 the residence or household of either the petitioner or the respondent 8 and order the respondent to stay away from the companion animal and 9 forbid the respondent from taking, transferring, encumbering, conceal- 10 ing, harming, or otherwise disposing of the companion animal. 11 (2) to refrain from intentionally injuring or killing, without justi- 12 fication, any companion animal the respondent knows to be owned, 13 possessed, leased, kept or held by the person protected by the order or 14 a minor child residing in such person's household. 15 (3) "Companion animal," as used in this section, shall have the same 16 meaning as in subdivision five of section three hundred fifty of the 17 agriculture and markets law; 18 § 11. The opening paragraph of subdivision 1 of section 530.11 of the 19 criminal procedure law, as amended by chapter 541 of the laws of 2024, 20 is amended to read as follows: 21 The family court and the criminal courts shall have concurrent juris- 22 diction over any proceeding concerning acts which would constitute 23 disorderly conduct, unlawful dissemination or publication of an intimate 24 image, harassment in the first degree, harassment in the second degree, 25 aggravated harassment in the second degree, sexual misconduct, forcible 26 touching, sexual abuse in the third degree, sexual abuse in the second 27 degree as set forth in subdivision one of section 130.60 of the penal 28 law, stalking in the first degree, stalking in the second degree, stalk- 29 ing in the third degree, stalking in the fourth degree, criminal 30 mischief, menacing in the second degree, menacing in the third degree, 31 reckless endangerment, strangulation in the first degree, strangulation 32 in the second degree, criminal obstruction of breathing or blood circu- 33 lation, assault in the second degree, assault in the third degree, an 34 attempted assault, identity theft in the first degree, identity theft in 35 the second degree, identity theft in the third degree, grand larceny in 36 the fourth degree, grand larceny in the third degree, coercion in the 37 second degree or coercion in the third degree as set forth in subdivi- 38 sions one, two and three of section 135.60 of the penal law between 39 spouses or former spouses, or between parent and child or between 40 members of the same family or household except that if the respondent 41 would not be criminally responsible by reason of age pursuant to section 42 30.00 of the penal law, then the family court shall have exclusive 43 jurisdiction over such proceeding. The family court and the criminal 44 courts shall also have concurrent jurisdiction over any proceeding 45 concerning acts which would constitute animal cruelty as set forth in 46 section three hundred fifty-three of the agriculture and markets law, 47 aggravated animal cruelty as set forth in section three hundred fifty- 48 three-a of the agriculture and markets law, or sexual misconduct with an 49 animal as set forth in subdivision four of section 130.20 of the penal 50 law when perpetrated against an animal owned, possessed, or residing 51 with a spouse or former spouse of the respondent, a child of the 52 respondent, or a member of the same family or household as the respond- 53 ent. Notwithstanding a complainant's election to proceed in family 54 court, the criminal court shall not be divested of jurisdiction to hear 55 a family offense proceeding pursuant to this section. For purposes of 56 this section, "disorderly conduct" includes disorderly conduct not in a 
 S. 8035 6 1 public place. For purposes of this section, "members of the same family 2 or household" with respect to a proceeding in the criminal courts shall 3 mean the following: 4 § 12. This act shall take effect immediately.