What's happening
This bill allows New York courts to appoint special advocates for animals in legal proceedings to represent animal welfare interests.
Why it matters
Creates a formal process for animal welfare to be represented in court. By allowing courts to appoint a special advocate, this bill ensures that the interests of animals are specifically considered in legal proceedings, potentially leading to outcomes that better address animal welfare and justice.
Allows input from subject matter experts. Advocates can consult with animal control officers, veterinarians, and police, and review relevant records, meaning courts may have access to more comprehensive and expert information about animal conditions and the circumstances of alleged abuse or neglect.
Draws from specialized, voluntary advocates. The bill sets up a system where attorneys knowledgeable in animal law and interested law students can be listed and serve as advocates, fostering expertise in animal welfare within the legal process and potentially nurturing future animal law professionals.
Provides flexibility but limits appeals. The decision to appoint an advocate is at the court’s discretion and cannot be appealed if denied, which streamlines the process but may concern parties seeking guaranteed animal representation in every case.
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Who cares
Headline styles
Appoint Animal Court Advocates
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9701
IN ASSEMBLY
February 2, 2018
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 Assembly, do enact as follows:
Section 1. The judiciary law is amended by adding a new article 22-B to read as follows:
ARTICLE 22-B
SPECIAL ADVOCATES FOR ANIMAL WELFARE PROGRAM Section 858-a. Special advocate in proceedings regarding animal welfare.
§ 858-a. Special advocate in proceedings regarding animal welfare. 1. In any proceeding in a court under this chapter, the agriculture and markets law, or in any other proceeding regarding the welfare of an animal, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. If a court orders that an advocate be appointed to represent the interests of justice, the court shall appoint such advocate from a list provided to the court by the commissioner pursuant to subdivision three of this section. A decision by the court denying a request to appoint a separate advocate to represent the interests of justice shall not be subject to appeal.
2. The advocate may:
(a) monitor the case;
(b) consult any individual with information that could aid the judge or fact finder and review records relating to the condition of the cat or dog and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians and police officers;
(c) attend hearings; and
(d) present information or recommendations to the court pertinent to determinations that relate to the interests of justice, provided such information and recommendations shall be based solely upon the duties undertaken pursuant to this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14232-01-8
A. 9701 2
3. The department of agriculture and markets shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students, or anticipate having students, with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve on a voluntary basis as advocates under this article.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.