Bill Text: NY A10333 | 2019-2020 | General Assembly | Amended

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Bill Title: Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-17 - print number 10333a [A10333 Detail]

Download: New_York-2019-A10333-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10333--A

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  domestic  relations law and the agriculture and
          markets law, in relation to providing for the  legal  ownership  of  a
          companion animal

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The domestic relations law  is  amended  by  adding  a  new
     2  section 256 to read as follows:
     3    § 256. Order to care for companion animal pending final determination;
     4  assignment  of sole or joint ownership. 1. Notwithstanding any other law
     5  to the contrary, the court, at the request of a party to proceedings for
     6  dissolution of marriage or for legal  separation  of  the  parties,  may
     7  enter  an  order  prior  to  the  final  determination of ownership of a
     8  companion animal to require a party to care  for  the  companion  animal
     9  taking  into  consideration the well-being of such companion animal. The
    10  existence of an order providing for  the  care  of  a  companion  animal
    11  during  the  course  of  proceedings  shall  not  have any impact on the
    12  court's final determination of ownership of the companion animal.
    13    2. Notwithstanding any other law, the court, at the request of a party
    14  to proceedings for dissolution of marriage or for  legal  separation  of
    15  the  parties, may assign sole or joint ownership of the companion animal
    16  taking into consideration the well-being of the companion animal.
    17    3. "Companion animal," as used in this section, shall  have  the  same
    18  meaning  as  in  subdivision  five of section three hundred fifty of the
    19  agriculture and markets law.
    20    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
    21  section 382 to read as follows:
    22    § 382. Order to care for companion animal pending final determination.
    23  1.  Notwithstanding  any  other  law  to the contrary, in any proceeding
    24  wherein at issue is ownership of a companion animal who  currently  does
    25  or has resided with parties to the lawsuit, the court may enter an order
    26  prior  to  the final determination of ownership of a companion animal to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15878-02-0
        A. 10333--A                         2

     1  require a party to care for the companion animal taking  into  consider-
     2  ation the well-being of such companion animal. The existence of an order
     3  providing  for  the  care  of  a  companion  animal during the course of
     4  proceedings shall not have any impact on the court's final determination
     5  of ownership of such companion animal.
     6    2.  Notwithstanding  any  other law to the contrary, in any proceeding
     7  wherein at issue is ownership of a companion animal who  currently  does
     8  or has resided with parties to the lawsuit, the court may assign sole or
     9  joint  ownership  of  the companion animal taking into consideration the
    10  well-being of such companion animal.
    11    3. "Companion animal" as used in this  section  shall  have  the  same
    12  meaning  as  provided in subdivision five of section three hundred fifty
    13  of this article.
    14    § 3. This act shall take effect on the thirtieth day  after  it  shall
    15  have become a law.