What's happening
This bill allows courts to appoint special advocates to represent animal welfare interests in legal proceedings involving animals.
Why it matters
Gives animals a stronger voice in court. By allowing courts to appoint special advocates, this bill ensures that an animal’s welfare is specifically considered during legal proceedings, which could lead to more thorough investigations and potentially better outcomes for animals involved in abuse or neglect cases.
Creates a formal advocate program. The bill establishes a process for appointing advocates from a list of qualified attorneys and law students, maintained by the Department of Agriculture and Markets, ensuring that advocates have relevant legal and animal welfare knowledge.
Advocates can actively participate. Appointed advocates have the authority to monitor cases, consult experts, review records, attend hearings, and present recommendations to the court, helping judges make more informed decisions about an animal’s welfare.
Increases educational and volunteer opportunities. By including law students as potential advocates, the bill provides hands-on legal experience in animal law and encourages more professionals to specialize in this area, potentially raising the overall standard of animal welfare advocacy.
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Who cares
Headline styles
Court Advocates for Animals
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- 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.
Appoint Court Animal Advocates
In Assembly Committee · Judiciary · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3027
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01861-01-9
S. 3027 2
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.
Sponsor's memo
Title of bill
An act to amend the judiciary law, in relation to the creation of a court appointed advocate for animals
Purpose
This bill would allow judges to appoint special advocates in cases involving the welfare of an animal.
Summary of specific provisions
Section one amends the judiciary law by adding a new article 22-b.
Section two sets forth the effective date.
Justification
Crimes against animals often go unprosecuted or result in lenient punishments, both of which put animals in danger. We also know that those who abuse animals will often go on to harm humans. In fact, the Federal Bureau of Investigation began tracking cases of animal abuse in 2017 in the National Incident-Based Reporting System (NIBRS) because of the demonstrated link between animal abuse and human violence. Animals do not have a voice within the courtroom and not all lawyers are experi- enced in the area of animal welfare.
This bill would allow New York State judges to appoint special advocates to represent the interests of animals in cases involving animal welfare, much like the courts do for children and other vulnerable crime victims. The advocates will monitor the case, review pertinent information and documents from veterinarians, animal control, and police officers and attend hearings, among other. Ultimately, these advocates will provide a voice for abused and neglected animals within the courtroom and work to ensure the best interests of the animals are served.
Legislative history
2017-18: A.9701 - Referred to Judiciary
Fiscal implications
Undetermined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.