Bill Text: NY A00579 | 2013-2014 | General Assembly | Introduced
Bill Title: Greatly expands upon conditions which may be included in an order of protection issued for victims of domestic violence and makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A00579 Detail]
Download: New_York-2013-A00579-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
579
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. SWEENEY
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in
relation to orders of protection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 530.12 of the criminal procedure
2 law is amended by adding five new paragraphs (c-1), (c-2), (c-3), (c-4)
3 and (c-5) to read as follows:
4 (C-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
5 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
6 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
7 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
8 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
9 ACTION;
10 (C-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
11 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
12 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
13 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
14 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
15 (C-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
16 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
17 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
18 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
19 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
20 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
21 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
22 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
23 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
24 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01295-01-3
A. 579 2
1 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
2 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
3 PAIN AND SUFFERING;
4 (C-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
5 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
6 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
7 AND OTHER PERSONAL EFFECTS;
8 (C-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
9 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
10 THE PARTIES;
11 S 2. Subdivision 5 of section 530.12 of the criminal procedure law is
12 amended by adding five new paragraphs (b-1), (b-2), (b-3), (b-4) and
13 (b-5) to read as follows:
14 (B-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
15 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
16 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
17 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
18 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
19 ACTION;
20 (B-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
21 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
22 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
23 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
24 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
25 (B-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
26 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
27 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
28 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
29 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
30 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
31 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
32 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
33 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
34 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
35 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
36 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
37 PAIN AND SUFFERING;
38 (B-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
39 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
40 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
41 AND OTHER PERSONAL EFFECTS;
42 (B-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
43 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
44 THE PARTIES;
45 S 3. Subdivision (g) of section 446 of the family court act, as
46 amended by chapter 948 of the laws of 1984, is amended and five new
47 subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) are added to read as
48 follows:
49 (F-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
50 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
51 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
52 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
53 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
54 ACTION;
55 (F-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
56 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
A. 579 3
1 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
2 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
3 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
4 (F-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
5 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
6 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
7 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
8 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
9 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
10 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
11 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
12 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
13 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
14 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
15 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
16 PAIN AND SUFFERING;
17 (F-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
18 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
19 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
20 AND OTHER PERSONAL EFFECTS;
21 (F-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
22 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
23 THE PARTIES;
24 (g) to provide, either directly or by means of medical and health
25 insurance, for expenses incurred for medical care and treatment arising
26 from the incident or incidents forming the basis for the issuance of the
27 order[.];
28 S 3-a. Subdivisions (g), (h) and (i) of section 842 of the family
29 court act, subdivisions (g) and (h) as amended by chapter 222 of the
30 laws of 1994, subdivision (i) as added by chapter 253 of the laws of
31 2006, are amended to read as follows:
32 (g) to require the respondent to participate in a batterer's education
33 program designed to help end violent behavior, which may include refer-
34 ral to drug and alcohol counselling, and to pay the costs thereof if the
35 person has the means to do so, provided however that nothing contained
36 herein shall be deemed to require payment of the costs of any such
37 program by the petitioner, the state or any political subdivision there-
38 of; [and]
39 (h) to provide, either directly or by means of medical and health
40 insurance, for expenses incurred for medical care and treatment arising
41 from the incident or incidents forming the basis for the issuance of the
42 order[.];
43 (i) 1. to refrain from intentionally injuring or killing, without
44 justification, any companion animal the respondent knows to be owned,
45 possessed, leased, kept or held by the petitioner or a minor child
46 residing in the household[.];
47 2. "Companion animal", as used in this section, shall have the same
48 meaning as in subdivision five of section three hundred fifty of the
49 agriculture and markets law[.];
50 S 4. Subdivisions (h) and (i) of section 656 of the family court act,
51 subdivision (h) as amended by chapter 948 of the laws of 1984 and subdi-
52 vision (i) as added by chapter 253 of the laws of 2006, are amended and
53 five new subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) are added to
54 read as follows:
55 (G-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
56 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
A. 579 4
1 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
2 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
3 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
4 ACTION;
5 (G-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
6 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
7 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
8 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
9 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
10 (G-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
11 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
12 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
13 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
14 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
15 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
16 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
17 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
18 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
19 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
20 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
21 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
22 PAIN AND SUFFERING;
23 (G-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
24 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
25 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
26 AND OTHER PERSONAL EFFECTS;
27 (G-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
28 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
29 THE PARTIES;
30 (h) to pay the reasonable counsel fees and disbursements involved in
31 obtaining or enforcing the order of the person who is protected by such
32 order if such order is issued or enforced[.];
33 (i) 1. to refrain from intentionally injuring or killing, without
34 justification, any companion animal the respondent knows to be owned,
35 possessed, leased, kept or held by the petitioner or a minor child
36 residing in the household[.];
37 2. "Companion animal", as used in this section, shall have the same
38 meaning as in subdivision five of section three hundred fifty of the
39 agriculture and markets law[.];
40 S 5. Section 842 of the family court act is amended by adding five new
41 subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
42 (G-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
43 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
44 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
45 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
46 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
47 ACTION;
48 (G-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
49 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
50 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
51 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
52 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
53 (G-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
54 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
55 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
56 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
A. 579 5
1 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
2 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
3 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
4 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
5 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
6 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
7 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
8 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
9 PAIN AND SUFFERING;
10 (G-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
11 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
12 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
13 AND OTHER PERSONAL EFFECTS;
14 (G-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
15 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
16 THE PARTIES;
17 S 6. Paragraphs (f) and (g) of subdivision 1 of section 1056 of the
18 family court act, paragraph (f) as amended by chapter 220 of the laws of
19 1989, paragraph (g) as added by chapter 253 of the laws of 2006, subpar-
20 agraph 1 of paragraph (g) as amended by chapter 532 of the laws of 2008,
21 are amended and five new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5)
22 are added to read as follows:
23 (E-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
24 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
25 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
26 DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
27 RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
28 ACTION;
29 (E-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
30 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
31 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
32 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
33 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
34 (E-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
35 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
36 ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
37 REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
38 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
39 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
40 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
41 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
42 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
43 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
44 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
45 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
46 PAIN AND SUFFERING;
47 (E-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
48 INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
49 DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
50 AND OTHER PERSONAL EFFECTS;
51 (E-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
52 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
53 THE PARTIES;
54 (f) to provide, either directly or by means of medical and health
55 insurance, for expenses incurred for medical care and treatment arising
A. 579 6
1 from the incident or incidents forming the basis for the issuance of the
2 order[.];
3 (g) 1. to refrain from intentionally injuring or killing, without
4 justification, any companion animal the respondent knows to be owned,
5 possessed, leased, kept or held by the person protected by the order or
6 a minor child residing in such person's household[.];
7 2. "Companion animal", as used in this section, shall have the same
8 meaning as in subdivision five of section three hundred fifty of the
9 agriculture and markets law[.];
10 S 7. The family court act is amended by adding a new section 842-b to
11 read as follows:
12 S 842-B. ORDER ON CONSENT. THE COURT MAY, PRIOR TO ISSUING AN ORDER OF
13 PROTECTION ON CONSENT OF THE PARTIES WITHOUT A FINDING OF WRONGDOING,
14 IMPOSE AN ORDER ON CONSENT OF SUCH PARTIES WHICH CONTAINS SUCH TERMS AND
15 CONDITIONS AS ARE AUTHORIZED UNDER SECTION EIGHT HUNDRED FORTY-TWO OF
16 THIS PART.
17 S 8. This act shall take effect on the sixtieth day after it shall
18 have become a law.
