senate Bill S1605

Allows people with orders of protection to refuse to provide certain personal information during the disclosure phase of a court proceeding

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 10 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Allows people with orders of protection issued in their favor to refuse to provide certain personal information during the disclosure phase of a court proceeding.

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Bill Details

Versions:
S1605
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง3104-a, CPLR
Versions Introduced in 2009-2010 Legislative Cycle:
S4930

Sponsor Memo

BILL NUMBER:S1605

TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to
providing personal information during disclosure by a person to whom
an order of protection has been issued

PURPOSE:
To allow victims who have orders of protection to be further protected
by keeping personal information confidential in disclosure
proceedings.

SUMMARY OF PROVISIONS:
Section 1 amends the civil practice law and rules by adding a new
section 3104-a, which protects a domestic violence victim's personal
information at a disclosure proceeding.

JUSTIFICATION:
New York State does not do enough to preserve the privacy of domestic
violence victims during civil pretrial disclosure proceedings.
Witnesses who are called to provide information under oath are often
asked during these formal proceedings questions that unreasonably
invade the privacy and jeopardize the safety and security of victims
of domestic violence questions of residency, employment, and family
relationships. Legal protections need to extend to these out-of-court
civil proceedings to maximize the value of protective orders issued in
the family and criminal courts, and to prevent abusers from taking
advantage of legal proceedings to obtain otherwise sensitive
information. This measure would prevent the government from unwitting
facilitation of a domestic violence victims' continued harassment or
intimidation.

LEGISLATIVE HISTORY:
First introduced in 2004.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  1605

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to provid-
  ing personal information during disclosure by  a  person  to  whom  an
  order of protection has been issued

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

  Section 1. The civil practice law and rules is amended by adding a new
section 3104-a to read as follows:
  S 3104-A.  PROTECTION  OF  DOMESTIC  VIOLENCE  VICTIMS  AT  DISCLOSURE
PROCEEDINGS.  (A)  MOTION  FOR  PROTECTION  SERVICES. UPON MOTION OF ANY
PARTY OR WITNESS, WHO IS ALSO A  CRIME  VICTIM  OR  VICTIM  OF  DOMESTIC
VIOLENCE  AS  DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW, OR WHO HAS A VALID ORDER OF PROTECTION OR TEMPORARY  ORDER
OF  PROTECTION  AGAINST  A  PARTY  OR  WITNESS IN THE PROCEEDING, AND ON
NOTICE TO ALL PARTIES, OR ON ITS  OWN  INITIATIVE  WITHOUT  NOTICE,  THE
COURT IN WHICH AN ACTION IS PENDING SHALL ORDER THAT A DOMESTIC VIOLENCE
VICTIM  OR  CRIME  VICTIM  BE  FURTHER  PROTECTED  WITHIN  THE  ORDER OF
PROTECTION AND THAT THE VICTIM WITH AN ORDER OF PROTECTION SHALL NOT  BE
ORDERED OR COMPELLED TO ANSWER QUESTIONS OF A PERSONAL NATURE, INCLUDING
BUT  NOT  LIMITED  TO RESIDENCY, EMPLOYMENT, FAMILY RELATIONSHIPS, WHICH
MAY ALSO BE INCLUDED IN THE ORDER OF PROTECTION, OR ANY  OTHER  INFORMA-
TION WITH REGARD TO THEIR SAFETY OR OTHER PERSONS WHO ARE ALSO MENTIONED
IN  THE ORDER OF PROTECTION. PERSONS WHO HAVE ORDERS OF PROTECTION SHALL
NOT BE PENALIZED FOR NOT ANSWERING THESE QUESTIONS.  THE  PROVISIONS  OF
THIS  SECTION  SHALL ALSO APPLY TO: (I) ANY VICTIM WHO IS IN THE PROCESS
OF OBTAINING AN ORDER OF PROTECTION; OR (II) ANY VICTIM WHO  HAS  PREVI-
OUSLY  HAD  AN  ORDER  OF  PROTECTION  AGAINST A PARTY OR WITNESS OF THE
PROCEEDING.
  (B) SCOPE OF PROTECTION SERVICES. THE COURT SHALL ORDER THE  NECESSARY
PROTECTIONS NEEDED TO ENSURE THE SAFETY OF THE CRIME VICTIM OR VICTIM OF
DOMESTIC VIOLENCE, UPON REASONABLE NOTICE TO THE PARTIES AND UPON OPPOR-
TUNITY TO BE HEARD.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06136-01-1

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