Senate Bill S7639

2009-2010 Legislative Session

Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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

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2009-S7639 (ACTIVE) - Details

See Assembly Version of this Bill:
A11047
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §577, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3970
2013-2014: S2718, S6275
2015-2016: S1771
2017-2018: S3116
2019-2020: S5086
2021-2022: S5641
2023-2024: S7193

2009-S7639 (ACTIVE) - Summary

Authorizes a victim of domestic violence apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

2009-S7639 (ACTIVE) - Sponsor Memo

2009-S7639 (ACTIVE) - Bill Text download pdf

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

                                  7639

                            I N  S E N A T E

                             April 28, 2010
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the executive law, in relation to  victims  of  domestic
  violence

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

  Section 1. The executive law is amended by adding a new section 577 to
read as follows:
  S 577. VIOLENT FELON  REMOVED  FROM  DEED  WITH  VICTIM.  1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH  IN
SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW;
  (B)  "VICTIM  OF  DOMESTIC  VIOLENCE"  SHALL  MEAN ANY PERSON WHO IS A
VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND
  (I) SUCH ACT OR ACTS HAVE RESULTED IN  ACTUAL  PHYSICAL  OR  EMOTIONAL
INJURY  OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM
TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
  (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED  BY  A
FAMILY OR HOUSEHOLD MEMBER.
  2.  ANY  VICTIM  OF DOMESTIC VIOLENCE WHO HOLDS TITLE TO REAL PROPERTY
WITH THE PERSON WHO WAS CONVICTED OF THE VIOLENT  FELONY  OFFENSE  WHICH
CONSTITUTED  THE  DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY TO THE
COUNTY CLERK IN THE COUNTY IN WHICH SUCH REAL  PROPERTY  IS  LOCATED  TO
REMOVE  THE  NAME  OF SUCH VIOLENT FELONY OFFENDER FROM THE DEED OF SUCH
REAL PROPERTY. APPLICATION SHALL BE MADE IN A  MANNER  AND  FORM  TO  BE
DETERMINED BY SUCH COUNTY CLERK.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16995-02-0


              

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