senate Bill S2942

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 03 / Feb / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / May / 2011
    • 1ST REPORT CAL.664
  • 17 / May / 2011
    • 2ND REPORT CAL.
  • 18 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / May / 2011
    • PASSED SENATE
  • 24 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 24 / May / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.523
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 01 / May / 2012
    • PASSED SENATE
  • 01 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO CODES

Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3677
Versions:
S2942
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.13-A, CP L; add §153-d, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Cycle:
S733, A10663

Sponsor Memo

BILL NUMBER:S2942

TITLE OF BILL:
An act
to amend the criminal procedure law and the family court act, in relation
to notification of service of ex parte orders of protection

PURPOSE:
Provides for the immediate notification to a complainant, in the
manner specified by the complainant, of the service of an ex parte
order of protection.

SUMMARY OF PROVISIONS:
Section 1 The criminal procedure law is amended by adding a new
section 530.13-A to include notification of service of ex parte order
of protection.
Section 2. The family court act is amended by adding a
new section 153-d.
Section 3. This act shall take effect on the
sixtieth day after it shall have become a law.

JUSTIFICATION:
Access to information is a vital and important concern for crime
victims. In 1993, a young woman was murdered by her former boyfriend
because she did not know that he had been released from jail. Her
murder led to the creation of the automated victim notification
system which over thirty states have adopted, including New York. New
York however, has not taken the next step and extended these
automated notifications to include protective orders. Thousands of
victims are killed or revictimized each year immediately after an
order of protection is served on their abuser. By including
protective orders, victims are notified when they are in the greatest
danger and criminal justice agencies are given new tools to assist
them during this vulnerable time. Notification can be by mail,
telephone, E-mail, or other means of electronic communication, which
will provide security and emotional peace of mind by allowing victims
to be notified in real time when their protection order request has
been served.
Congress has already approved millions of dollars to help states
expand their victim notification systems, and the Bureau of Justice
Assistance within the U S. Department of Justice has made these
grants available to states. Bypassing this legislation, New York
would become eligible for this funding.

LEGISLATIVE HISTORY:
2010: S.733 - Referred to Codes/A.10663 - Referred to Codes
2009: S.733 - Referred to Codes/A.10663
2008: S.7052 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

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

                                  2942

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

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

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to notification of service of ex parte orders of protection

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 530.13-A to read as follows:
S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
  1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
SERVED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03678-01-1

S. 2942                             2

  S 2. The family court act is amended by adding a new section 153-d  to
read as follows:
  S  153-D. NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.  1.
A COMPLAINANT WHO IS GRANTED AN EX PARTE  ORDER  OF  PROTECTION  BY  THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
SERVED.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY
POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.