New York S 5514: 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

Bill Text

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 Speaker Carl E. Heastie

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S05514 Summary:

BILL NOS05514 

&nbsp

SAME ASSAME AS A06556

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §6342, CPLR

&nbsp

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.

Go to top S05514 Actions:

BILL NOS05514 

&nbsp

02/24/2025REFERRED TO JUDICIARY

04/29/20251ST REPORT CAL.774

04/30/20252ND REPORT CAL.

05/01/2025ADVANCED TO THIRD READING 

06/11/2025SUBSTITUTED BY A6556

&nbspA06556 AMEND= Rosenthal

&nbsp03/06/2025referred to codes

&nbsp03/25/2025reported 

&nbsp03/27/2025advanced to third reading cal.79

&nbsp04/01/2025passed assembly

&nbsp04/01/2025delivered to senate

&nbsp04/01/2025REFERRED TO JUDICIARY

&nbsp06/11/2025SUBSTITUTED FOR S5514

&nbsp06/11/20253RD READING CAL.774

&nbsp06/11/2025PASSED SENATE

&nbsp06/11/2025RETURNED TO ASSEMBLY

&nbsp10/09/2025delivered to governor

&nbsp10/16/2025signed chap.450

Go to topS05514 Committee&nbspVotes:

Go to topS05514 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05514 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5514

 2025-2026 Regular Sessions

 IN SENATE

 February 24, 2025
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 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:

 1 Section 1. Subdivision 2 of section 6342 of the civil practice law
 2 and rules, as added by chapter 19 of the laws of 2019, is amended to
 3 read as follows:
 4 2. In determining whether grounds for a temporary extreme risk
 5 protection order exist, the court shall consider any relevant factors
 6 including, but not limited to, the following acts of the respondent:
 7 (a) a threat or act of violence or use of physical force directed
 8 toward self, the petitioner, or another person;
 9 (b) a violation or alleged violation of an order of protection;
 10 (c) any pending charge or conviction for an offense involving the use
 11 of a weapon;
 12 (d) the reckless use, display or brandishing of a firearm, rifle or
 13 shotgun;
 14 (e) any history of a violation of an extreme risk protection order;
 15 (f) evidence of recent or ongoing abuse of controlled substances or
 16 alcohol; [or]
 17 (g) evidence of recent acquisition of a firearm, rifle, shotgun or
 18 other deadly weapon or dangerous instrument, or any ammunition there-
 19 for[.]; or
 20 (h) evidence of recent acts of aggravated cruelty to animals as
 21 defined in section three hundred fifty-three-a of the agriculture and
 22 markets law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10188-01-5

 S. 5514 2

 1 In considering the factors under this subdivision, the court shall
 2 consider the time that has elapsed since the occurrence of such act or
 3 acts and the age of the person at the time of the occurrence of such act
 4 or acts.
 5 For the purposes of this subdivision, "recent" means within the six
 6 months prior to the date the petition was filed.
 7 § 2. This act shall take effect immediately.

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