NY State Senate Bill 2009-S7289

Senate Bill S7289

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

download bill text pdf

Archive: Last Bill Status Via A10410 - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	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
May 26, 2010	substituted by a10410
May 25, 2010	advanced to third reading
May 24, 2010	2nd report cal.
May 18, 2010	1st report cal.573
Mar 29, 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
  May 18, 2010 - Judiciary Committee Vote
  S7289
  
  18
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 18, 2010
      
      aye (18)
      
      Adams
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      LaValle
      
      Leibell
      
      Onorato
      
      Perkins
      
      Ranzenhofer
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Winner
      
      nay (3)
      
      Maziarz
      
      Nozzolio
      
      Volker
      
      aye wr (2)
      
      Diaz
      
      Lanza

co-Sponsors

2009-S7289 (ACTIVE) - Details

See Assembly Version of this Bill:: A10410
Law Section:: Family Court Act
Laws Affected:: Amd §153-b, Fam Ct Act; amd §§240 & 252, Dom Rel L

2009-S7289 (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-S7289 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7289

 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 facsimile 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
facsimile 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
transmittal 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 representative 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 providing 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
accomplish 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 discourage them from pursuing protections because
of failure to serve. Furthermore, 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 fur 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-S7289 (ACTIVE) - Bill Text download pdf

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

                                  7289

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed 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

S. 7289                             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.

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.

Senate Bill S7289

Share this bill

Sponsored By

John L. Sampson