Bill Text: NY A00025 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the creation of a court appointed advocate for animals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A00025 Detail]

Download: New_York-2019-A00025-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           25
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the judiciary law, in relation  to  the  creation  of  a
          court appointed advocate for animals
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The judiciary law is amended by adding a new  article  22-B
     2  to read as follows:
     3                                 ARTICLE 22-B
     4                SPECIAL ADVOCATES FOR ANIMAL WELFARE PROGRAM
     5  Section 858-a. Special advocate in proceedings regarding animal welfare.
     6    §  858-a. Special advocate in proceedings regarding animal welfare. 1.
     7  In any proceeding in a court under this  chapter,  the  agriculture  and
     8  markets  law,  or  in  any  other proceeding regarding the welfare of an
     9  animal, the court may order, upon its own initiative or upon request  of
    10  a party or counsel for a party, that a separate advocate be appointed to
    11  represent  the  interests of justice. If a court orders that an advocate
    12  be appointed to represent the interests  of  justice,  the  court  shall
    13  appoint  such  advocate from a list provided to the court by the commis-
    14  sioner pursuant to subdivision three of this section. A decision by  the
    15  court  denying a request to appoint a separate advocate to represent the
    16  interests of justice shall not be subject to appeal.
    17    2. The advocate may:
    18    (a) monitor the case;
    19    (b) consult any individual with information that could aid  the  judge
    20  or  fact  finder and review records relating to the condition of the cat
    21  or dog and the defendant's  actions,  including,  but  not  limited  to,
    22  records from animal control officers, veterinarians and police officers;
    23    (c) attend hearings; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01861-01-9
        A. 25                               2
     1    (d)  present  information or recommendations to the court pertinent to
     2  determinations that relate to the interests of  justice,  provided  such
     3  information  and  recommendations  shall be based solely upon the duties
     4  undertaken pursuant to this subdivision.
     5    3.  The department of agriculture and markets shall maintain a list of
     6  attorneys with knowledge of animal issues and the  legal  system  and  a
     7  list  of  law schools that have students, or anticipate having students,
     8  with an interest in animal issues and the legal system.  Such  attorneys
     9  and  law  students  shall  be  eligible to serve on a voluntary basis as
    10  advocates under this article.
    11    § 2. This act shall take effect immediately.