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.