NY State Assembly Bill 2009-A10410

Assembly Bill A10410

Signed By Governor

2009-2010 Legislative Session

Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.261
Jul 19, 2010	delivered to governor
Jun 16, 2010	returned to assembly passed senate
May 26, 2010	3rd reading cal.573 substituted for s7289
Apr 21, 2010	referred to judiciary delivered to senate passed assembly
Apr 15, 2010	advanced to third reading cal.795
Apr 13, 2010	reported reported referred to codes
Mar 25, 2010	referred to judiciary

Votes

- Jun 16, 2010 - Floor Vote
  A10410
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

co-Sponsors

2009-A10410 (ACTIVE) - Details

See Senate Version of this Bill:: S7289
Law Section:: Family Court Act
Laws Affected:: Amd §153-b, Fam Ct Act; amd §§240 & 252, Dom Rel L

2009-A10410 (ACTIVE) - Summary

Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection for the purpose of the service thereof.

2009-A10410 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10410

TITLE  OF  BILL:   An act to amend the family court act and the domestic
relations law, in relation to the facsimile and electronic  transmission
of orders of protection

PURPOSE  OF  BILL:   This bill would expand to the rest of the state and
make permanent a current pilot project limited to certain counties  that
was  established  via  chapter  330 of the laws of 2007. This bill would
facilitate expeditious service of process of orders  of  protection  via
electronic means, thereby enhancing victim safety.

SUMMARY OF PROVISIONS:  Section 1 of this bill would amend section 153-b
of the family court act by adding a new paragraph (e) permitting facsim-
ile  or  electronic transmittal of orders of protection issued by family
court for purposes of service of process  by  law  enforcement  and  for
purposes  of  notice  and filing of the order with the sheriff or police
department having jurisdiction of the residence, work place, and  school
of the person intended to be protected by the order.

Section 2 of this bill would amend subdivision 3-a of section 240 of the
domestic  relations law by adding a new paragraph (b) permitting facsim-
ile or electronic transmittal of orders of protection issued by  supreme
court  in  a  matrimonial  action  involving children for the purpose of
service of process by peace or police officers.

Section 3 of this bill would amend subdivision 3 of section 252  of  the
domestic relations law by adding a new subdivision ten permitting trans-
mittal  of  orders of protection issued in a matrimonial action pursuant
to the terms of subdivision 3-a of section 240 of the domestic relations
law.

EXISTING LAW:   Under the  Family  Court  Act  (FCA)  and  the  Domestic
Relations  Law  (DRL)  each  court  that  issues  a  temporary  order of
protection or an order of protection on default is required to deliver a
copy of the same along with accompanying papers to  a  police  or  peace
officer  or  designated  police  representative  in  New  York City, for
service of process, unless the beneficiary of the order  indicates  that
he or she will arrange for some other means of service. Alternatively, a
petitioner/plaintiff  may bring the order and accompanying papers to the
peace or police  officer  directly  for  service  of  process.  The  law
requires  that a police or peace officer, or designated police represen-
tative in New York City, in receipt of such an order must serve it along
with any associated papers upon the respondent/defendant.

JUSTIFICATION:  Chapter 330 of the Laws of 2007, that expires on July 1,
2010, authorized the Chief Administrator of the  Courts,  to  promulgate
court  rules authorizing pilot projects in Albany, Erie, Monroe, Nassau,
Onondaga, Westchester, Kings, New York and  Richmond  Counties  for  the
transmittal  of  orders  of  protection by facsimile or other electronic
means to local police agencies for service. This  law  was  intended  to
enhance  the effectiveness of procedures regulating service of orders of

protection by providing courts with additional options to deliver orders
to law enforcement for expeditious service of  protective  orders.  This
measure expands the program Statewide and makes it permanent. The Office
of Court Administration supports this measure.

Since  orders  of  protection  are  not enforceable until served, prompt
service and notice of such orders  to  the  respondent  is  critical  to
victim safety. Section 153-b of the Family Court Act and subdivision 3-a
of  section 240 of the Domestic Relations Law provide crucial assistance
to litigants seeking temporary and final orders of protection by provid-
ing them the option of having peace and police officers serve the orders
and accompanying papers upon receipt of such papers either by the  court
or  by the victim. These provisions of the law have been amended in 1994
and 1995 to provide greater assurance that respondents or defendants  in
cases  involving  orders  of  protection are promptly notified of orders
directed at their conduct.  (see L. 1994 c. 46 and L. 1995 c. 429).

Service of an order of protection can be extremely challenging to accom-
plish for a victim of domestic violence. These litigants  are  often  in
the  midst  of serious emergencies, facing dangerous situations and lack
the resources or wherewithal to  accomplish  the  task  without  further
endangering  their  safety.  Respondents/Defendants often avoid service.
Since effectuating service is a common challenge for victims,  they  are
frequently  forced  to  ask  for multiple court adjournments in order to
accomplish service of process. This can be demoralizing and can discour-
age them from pursuing protections because of failure to serve. Further-
more, prompt and reliable service of these orders is crucial  to  victim
safety  as  the order must be served in order for it to be in effect and
enforceable. The interests of domestic  violence  victims  who  rely  on
enforcement  of  orders  of  protection for their safety are best served
when courts are not limited in the means by which their  orders  can  be
delivered  to  law enforcement authorities responsible for service. This
measure provides a fast and reliable way of  delivering  orders  to  law
enforcement  enabling  them  to  discharge their duties expeditiously to
enhance victim safety.

LEGISLATIVE HISTORY: New bill, 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately.

2009-A10410 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10410

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced by M. of A. ROSENTHAL, WEINSTEIN -- read once and referred to
  the Committee on Judiciary

AN  ACT to amend the family court act and the domestic relations law, in
  relation to the facsimile and electronic  transmission  of  orders  of
  protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 153-b of the family court act is amended by  adding
a new subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  ORDERS  OF
PROTECTION AND TEMPORARY ORDERS OF PROTECTION ISSUED  PURSUANT  TO  THIS
ACT  ALONG  WITH ANY ASSOCIATED PAPERS THAT MAY BE SERVED SIMULTANEOUSLY
MAY, FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-EIGHT OF  THIS  ARTI-
CLE,  BE  TRANSMITTED  BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS AND
MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION  OR  ELECTRONIC  MEANS  FOR
EXPEDITED SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. FOR
PURPOSES  OF  THIS  SECTION,  "FACSIMILE  TRANSMISSION"  AND "ELECTRONIC
MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES.
  S 2. Subdivision 3-a of section 240 of the domestic relations law,  as
added by chapter 429 of the laws of 1995, is amended to read as follows:
  3-a.  Service  of  order  of  protection.  A.  If a temporary order of
protection has been issued OR AN ORDER OF  PROTECTION  HAS  BEEN  ISSUED
upon  a  default,  unless  the  party requesting the order states on the
record that she or he will arrange for other means for service or deliv-
er the order to a peace or police  officer  directly  for  service,  the
court  shall  immediately  deliver  a  copy  of  the  temporary order of
protection or order of protection to a peace officer, acting pursuant to
his or her special duties and designated by the court, or  to  a  police
officer as defined in paragraph (b) or (d) of subdivision thirty-four of
section 1.20 of the criminal procedure law, or, in the city of New York,
to  a  designated representative of the police department of the city of
New York. Any peace or police officer or designated person  receiving  a
temporary  order  of  protection  or  an order of protection as provided

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

                                                           LBD16614-02-0

A. 10410                            2

hereunder shall serve or provide for the service thereof  together  with
any  associated papers that may be served simultaneously, at any address
designated therewith, including the summons and petition or complaint if
not  previously served. Service of such temporary order of protection or
order of protection and associated papers shall, insofar as practicable,
be achieved promptly. An officer or designated person obliged to perform
service pursuant to this subdivision, and his or her employer, shall not
be liable for damages resulting from failure to achieve  service  where,
having  made  a  reasonable effort, such officer or designated person is
unable to locate and serve the temporary order of protection or order of
protection at any address provided by the party requesting the order.  A
statement  subscribed  by the officer or designated person, and affirmed
by him or her to be true under the penalties  of  perjury,  stating  the
papers  served,  the  date,  time,  address  or in the event there is no
address, place, and manner of service, the name  and  a  brief  physical
description  of  the  party  served,  shall  be  proof of service of the
summons,  petition  and  temporary  order  of  protection  or  order  of
protection.   When  the  temporary  order  of  protection  or  order  of
protection and other papers, if any, have been served, such  officer  or
designated  person  shall provide the court with an affirmation, certif-
icate or affidavit of service and shall provide notification of the date
and time of such service to the statewide computer registry  established
pursuant to section two hundred twenty-one-a of the executive law.
  B.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  ORDERS  OF
PROTECTION AND TEMPORARY ORDERS OF PROTECTION FILED  AND  ENTERED  ALONG
WITH  ANY  ASSOCIATED  PAPERS  THAT  MAY BE SERVED SIMULTANEOUSLY MAY BE
TRANSMITTED BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS FOR  EXPEDITED
SERVICE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS SUBDIVISION. FOR
PURPOSES OF THIS SUBDIVISION, "FACSIMILE TRANSMISSION"  AND  "ELECTRONIC
MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES.
  S  3. Section 252 of the domestic relations law is amended by adding a
new subdivision 10 to read as follows:
  10. ALL ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION ISSUED
PURSUANT TO THIS SECTION ALONG WITH ANY ASSOCIATED PAPERS  THAT  MAY  BE
SERVED  SIMULTANEOUSLY  SHALL  BE  SERVED IN ACCORDANCE WITH SUBDIVISION
THREE-A OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE.
  S 4. The office of court administration is  authorized  to  promulgate
any  rules and regulations necessary to implement the provisions of this
act.
  S 5. This act shall take effect immediately.

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Assembly Bill A10410

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