Includes consideration of evidence of recent acts of aggravated cruelty to animals as a factor to be considered when determining whether grounds for a temporary extreme risk protection order exist, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6556
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to includ-
   ing consideration of evidence of recent acts of aggravated cruelty  to
   animals  as a factor to be considered when determining whether grounds
   for a temporary extreme risk protection order exist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision 2 of section 6342 of the civil practice law
 and rules, as added by chapter 19 of the laws of  2019,  is  amended  to
 read as follows:
   2.  In  determining  whether  grounds  for  a  temporary  extreme risk
 protection order exist, the court shall consider  any  relevant  factors
 including, but not limited to, the following acts of the respondent:
   (a)  a  threat  or  act  of violence or use of physical force directed
 toward self, the petitioner, or another person;
   (b) a violation or alleged violation of an order of protection;
   (c) any pending charge or conviction for an offense involving the  use
 of a weapon;
   (d)  the  reckless  use, display or brandishing of a firearm, rifle or
 shotgun;
   (e) any history of a violation of an extreme risk protection order;
   (f) evidence of recent or ongoing abuse of  controlled  substances  or
 alcohol; [or]
   (g)  evidence  of  recent  acquisition of a firearm, rifle, shotgun or
 other deadly weapon or dangerous instrument, or  any  ammunition  there-
 for[.]; OR
   (H)  EVIDENCE  OF  RECENT  ACTS  OF  AGGRAVATED  CRUELTY TO ANIMALS AS
 DEFINED IN SECTION THREE HUNDRED FIFTY-THREE-A OF  THE  AGRICULTURE  AND
 MARKETS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10188-01-5
 A. 6556                             2
 
   In  considering  the  factors  under this subdivision, the court shall
 consider the time that has elapsed since the occurrence of such  act  or
 acts and the age of the person at the time of the occurrence of such act
 or acts.
   For  the  purposes  of this subdivision, "recent" means within the six
 months prior to the date the petition was filed.
   § 2. This act shall take effect immediately.