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A25Assembly2019-2020 SessionSame asS3027

Appoint Court Animal Advocates

Official title

“Relates to the creation of a court appointed advocate for animals”

Sponsor Linda RosenthalAD-67+1 co-sponsorAffects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill creates a program allowing courts to appoint special advocates to represent animal welfare interests in legal proceedings.

Why it matters

  1. Gives animals a stronger "voice" in court. by allowing special advocates to independently represent their welfare interests, potentially influencing how cases involving animal cruelty, neglect, or disputes are decided.

  2. Creates opportunities for legal professionals and law students. to participate as advocates, fostering expertise in animal law and increasing the pool of individuals focused on animal welfare in the justice system.

  3. Provides judges with additional, expert information. about animal welfare issues through advocates’ independent investigations and recommendations, potentially leading to more informed and just outcomes in relevant cases.

  4. Empowers—but does not require—judges to appoint advocates. and makes such decisions non-appealable, balancing judicial discretion with new resources for considering animal welfare.

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Who cares

Headline styles

Appoint Court Animal Advocates

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

1 Co-sponsor

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3027Senate

Court Advocates for Animals

In Senate Committee · Judiciary · Sponsor Jamaal Bailey

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

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 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01861-01-9

A. 25 2

(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.

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.