Assembly Bill A245

2009-2010 Legislative Session

Amends the criminal procedure law, the family court act, the civil practice law and rules, the penal law and the social services law to restrict violent felons from accessing victim records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A245 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.50, CP L; amd §331.5, Fam Ct Act; amd §3103, add §2303-b, CPLR; add §60.36, Pen L; amd §§378-a & 390-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A603
2013-2014: A3608

2009-A245 (ACTIVE) - Summary

Restricts the ability of perpetrators of violent crimes to access personal records of their victims.

2009-A245 (ACTIVE) - Sponsor Memo

2009-A245 (ACTIVE) - Bill Text download pdf

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

                                   245

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI,  STIRPE, CUSICK, LANCMAN, NOLAN,
  SCHIMMINGER, ZEBROWSKI,  HOYT,  COLTON,  GABRYSZAK,  FIELDS,  GUNTHER,
  GALEF,  WEISENBERG,  ROBINSON,  KOON,  CHRISTENSEN, BENEDETTO, JAFFEE,
  MAISEL, MAYERSOHN, JOHN, CLARK, ESPAILLAT -- Multi-Sponsored by --  M.
  of  A. ABBATE, BOYLAND, DelMONTE, DESTITO, HIKIND, HOOPER, HYER-SPENC-
  ER, MAGEE, MILLMAN, PERRY, PHEFFER, REILLY,  SWEENEY,  TOWNS  --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law, the family court act, the
  civil practice law and rules, the penal law and  the  social  services
  law, in relation to restricting the ability of perpetrators of violent
  crimes  to  access personal records of their victims; and to amend the
  civil practice law and rules, in relation to service of a subpoena  by
  a pro se litigant

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

  Section 1. Section 240.50 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, IN THE CASE OF
A  CRIMINAL ACTION INVOLVING A FELONY AS DEFINED IN SECTION 10.00 OF THE
PENAL LAW:
  (A) ENTAILING SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION  10.00  OF
THE PENAL LAW; OR
  (B)  INVOLVING  AN  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW,
DISCOVERY OF MATERIAL  CONTAINING  PERSONAL  INFORMATION  REGARDING  THE
VICTIM  AGAINST  WHOM  THE  FELONY  WAS  ALLEGEDLY COMMITTED IS ALLOWED,
INCLUDING, BUT NOT LIMITED TO DISCOVERY OF MEDICAL, EDUCATIONAL, EMPLOY-
MENT AND FINANCIAL INFORMATION AND NON-PUBLIC INFORMATION PERTAINING  TO
THE  VICTIM'S  LOCATION,  SHALL  BE  ALLOWED ONLY PURSUANT TO A SUBPOENA
ISSUED BY THE COURT IN WHICH THE ACTION IS  PENDING,  AND  A  PROTECTIVE

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.