S T A T E   O F   N E W   Y O R K
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                                  1466

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

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

AN ACT to amend the executive law, the family court act and the criminal
  procedure law,  in  relation  to  pre-dispositional  and  pre-sentence
  investigations in family offense cases

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

  Section 1. Subdivision 4 of section 221-a of  the  executive  law,  as
amended  by  section  7  of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
  4. Courts and law enforcement officials, including probation officers,
shall have the ability to disclose and share information with respect to
such orders and warrants consistent with the purposes of  this  section,
subject  to  applicable  provisions  of  the  family court act, domestic
relations law and criminal procedure law concerning the confidentiality,
sealing and expungement of records.   DESIGNATED  REPRESENTATIVES  OF  A
LOCAL  PROBATION  SERVICE SHALL HAVE ACCESS TO INFORMATION IN THE STATE-
WIDE REGISTRY OF ORDERS OF PROTECTION AND WARRANTS NECESSARY IN ORDER TO
RESPOND TO A JUDICIAL REQUEST FOR INFORMATION  PURSUANT  TO  SUBDIVISION
SIX  OF  SECTION  EIGHT  HUNDRED  TWENTY-ONE-A  OF THE FAMILY COURT ACT,
SUBDIVISION SIX-A OF SECTION 530.12 OF THE CRIMINAL  PROCEDURE  LAW  OR,
INSOFAR  AS  THEY  INVOLVE  VICTIMS  OF  DOMESTIC VIOLENCE AS DEFINED BY
SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL  SERVICES  LAW,  SECTION
530.13 OF THE CRIMINAL PROCEDURE LAW, OR TO PREPARE AN INVESTIGATION AND
REPORT  IN PROCEEDINGS CONDUCTED PURSUANT TO SECTIONS 351.1, SIX HUNDRED
FORTY-TWO, SIX HUNDRED FIFTY-SIX, SIX HUNDRED SIXTY-TWO,  SEVEN  HUNDRED
FIFTY,  EIGHT  HUNDRED  THIRTY-FIVE  AND  SUBDIVISION (B) OF SECTION ONE
THOUSAND FORTY-SEVEN OF THE FAMILY COURT ACT OR  ARTICLE  THREE  HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04878-01-9

S. 1466                             2
              

  S  2.  The  section  heading and subdivision (a) of section 835 of the
family court act, as amended by chapter 529 of the  laws  of  1963,  are
amended to read as follows:
  Sequence of hearings; PROBATION INVESTIGATIONS AND REPORTS.
  (a)  Upon  completion  of  the fact-finding hearing, the dispositional
hearing may commence immediately after the required findings  are  made.
IN  AID  OF ITS DISPOSITION, THE COURT MAY ADJOURN THE PROCEEDING FOR AN
INVESTIGATION AND REPORT BY A LOCAL PROBATION SERVICE. FOR THE  PURPOSES
OF THIS ARTICLE, THE PROBATION INVESTIGATION AND REPORT MAY INCLUDE, BUT
IS  NOT  LIMITED  TO:  THE PRESENCE OR ABSENCE OF AGGRAVATING FACTORS AS
DEFINED IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION  EIGHT  HUNDRED
TWENTY-SEVEN  OF  THIS  ARTICLE, THE EXTENT OF INJURIES OR OUT-OF-POCKET
LOSSES TO THE VICTIM WHICH MAY FORM THE BASIS FOR AN ORDER  OF  RESTITU-
TION  PURSUANT  TO SUBDIVISION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF
THIS ARTICLE, THE HISTORY OF  THE  RESPONDENT  WITH  RESPECT  TO  FAMILY
OFFENSES  AND  ORDERS OF PROTECTION IN THIS OR OTHER COURTS, WHETHER THE
RESPONDENT IS IN POSSESSION OF ANY FIREARMS  AND,  IF  SO,  WHETHER  THE
RESPONDENT  IS  LICENSED  OR OTHERWISE AUTHORIZED TO BE IN POSSESSION OF
SUCH FIREARMS.
  S 3. Subdivision 3 of section 390.20 of the criminal procedure law  is
amended to read as follows:
  3.  Permissible  in any case. For purposes of sentence, ISSUANCE OF AN
ORDER OF PROTECTION PURSUANT TO SUBDIVISION FIVE OF  SECTION  530.12  OF
THIS CHAPTER OR, INSOFAR AS THEY INVOLVE VICTIMS OF DOMESTIC VIOLENCE AS
DEFINED BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
SECTION  530.13 OF THIS CHAPTER, the court may, in its discretion, order
a pre-sentence investigation and report in  any  case,  irrespective  of
whether  such investigation and report is required by subdivision one or
two OF THIS SECTION.
  S 4. Subdivision 4 of section 390.30 of the criminal procedure law, as
amended by chapter 618 of the laws  of  1992,  is  amended  to  read  as
follows:
  4.  Abbreviated  investigation  and  short form report. In lieu of the
procedure set forth in subdivisions one, two and three OF THIS  SECTION,
where  the  conviction is of a misdemeanor OR FAMILY OFFENSE, AS DEFINED
IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, OTHER THAN A FELO-
NY, the scope of the pre-sentence investigation may be abbreviated and a
short form report may be made.   The use of  abbreviated  investigations
and  short  form reports, the matters to be covered therein and the form
of the reports shall be in accordance with the general rules  regulating
methods  and  procedures  in  the administration of probation as adopted
from time to time by the state director of  probation  and  correctional
alternatives  pursuant to the provisions of article twelve of the execu-
tive law. No such rule, however, shall be construed so as to relieve the
agency conducting the investigation of the  duty  of  investigating  and
reporting upon:
  (a)  the  extent of the injury or economic loss and the actual out-of-
pocket loss to the victim including the amount of restitution and  repa-
ration  sought  by the victim, after the victim has been informed of the
right to seek restitution and reparation, or
  (b) IN A CASE INVOLVING A FAMILY OFFENSE, AS  DEFINED  IN  SUBDIVISION
ONE OF SECTION 530.11 OF THIS CHAPTER, THE DEFENDANT'S HISTORY OF FAMILY
OFFENSES  AND ORDERS OF PROTECTION, INCLUDING VIOLATIONS, IN PROCEEDINGS
OR ACTIONS IN THIS OR OTHER COURTS, THE EXTENT OF INJURIES OR THREATS OF
INJURY TO THE COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY  OR  HOUSE-
HOLD,  THE  USE  OR  THREATENED USE OF DANGEROUS INSTRUMENTS AGAINST THE

S. 1466                             3

COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY OR HOUSEHOLD, WHETHER THE
DEFENDANT IS IN POSSESSION OF ANY FIREARMS AND, IF SO, WHETHER DEFENDANT
IS LICENSED  OR  OTHERWISE  AUTHORIZED  TO  BE  IN  POSSESSION  OF  SUCH
FIREARMS, THE EXTENT TO WHICH THE DEFENDANT POSES AN IMMEDIATE AND ONGO-
ING  DANGER TO THE COMPLAINANT OR MEMBERS OF THE COMPLAINANT'S FAMILY OR
HOUSEHOLD AND ANY OTHER INFORMATION RELEVANT TO THE ISSUE OF WHETHER  AN
ORDER  OF  PROTECTION,  IN  ADDITION TO ANY OTHER DISPOSITION, SHOULD BE
ISSUED IN ACCORDANCE WITH SUBDIVISION FIVE OF  SECTION  530.12  OF  THIS
CHAPTER, OR
  (C)  any matter relevant to the question of sentence OR ISSUANCE OF AN
ORDER OF PROTECTION that the court directs to be included in  particular
cases.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.