senate Bill S732

Relates to pre-disposition and pre-sentence investigations in family offense cases

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 10 / May / 2011
    • 1ST REPORT CAL.577
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 13 / Mar / 2012
    • 1ST REPORT CAL.327
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2012
    • PASSED SENATE
  • 19 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2012
    • REFERRED TO CODES

Summary

Relates to pre-disposition and pre-sentence investigations in family offense cases; makes provisions relating to probation access to the family protection registry.

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Bill Details

See Assembly Version of this Bill:
A6234
Versions:
S732
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §221-a, Exec L; amd §835, Fam Ct Act; amd §390.20 & 390.30, CP L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1466, A3070
2007-2008: A8256

Sponsor Memo

BILL NUMBER:S732

TITLE OF BILL:
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

PURPOSE:
Relates to predisposition and presentence investigations in family
offense cases.

SUMMARY OF PROVISIONS:
This bill amends subdivision 4 of section 221-a of the Executive Law;
subdivision (a) of section 835 of the Family Court Act; subdivision 3
of section 390.20 of the Criminal Procedure Law; and, subdivision 4
of section 390.30 of the Criminal Procedure Law authorizing probation
departments to conduct pre-dispositional or pre-sentence
investigations in family offense cases and to obtain access to the
statewide automated order of protection and warrant registry for that
purpose.

JUSTIFICATION:
In enacting the Family Protection and Domestic violence Intervention
Act of 1994 Laws of 1994, ch. 222, 224, the New York State
Legislature demonstrated its intent to assure a more rigorous
response by law enforcement agencies and the courts to domestic
violence. Victims of domestic violence are afforded easy access to
either or both family and criminal courts for prosecution of family
offense cases. In addition, offenders are subject to mandatory arrest
and face heightened consequences for abusive acts in both courts.
Local probation departments serving both family and criminal courts,
therefore, require the tools necessary -- in particular, sufficient
information regarding both the offense and the offender -- to assist
the courts in responding effectively to these legislative changes.
This bill authorizes local probation departments to obtain access to
necessary information on the statewide automated registry of orders
of protection and warrants.
Information regarding an individual's history of such orders may be
essential, not only for the resolution of family offense cases, but
also for custody, visitation, juvenile delinquency, PINS and criminal
proceedings. This bill authorizes the courts to call upon local
probation departments to perform investigations which will assist the
courts in their dispositions of family offense matters and enables
probation departments to obtain access to domestic violence registry
information for these and other pre-dispositional investigations.
Additionally, the proposed legislation allows criminal courts to
obtain assistance from local probation departments to conduct
pre-sentence
investigations where relevant to the issuance of an order of protection.
Some family offenses currently require pre-sentence investigations,
while others do not. While not altering the court's discretion with
respect to ordering pre-sentence investigations in non-mandated
cases, this proposal explicitly adds an authorization for the courts
to order such inquiries for the purpose of "issuance of an order of
protection." Where the family offense conviction is not for a felony,


which requires a full-scale pre-sentence investigation, the proposal
treats family offense convictions as misdemeanors eligible for
"abbreviated investigations and short form reports." While not
providing an exhaustive list of permissible areas of inquiry, the
proposal enumerates the factors which the court must consider in
determining whether an order of protection should issue;
specifically, the offender's access to weapons, abuse of controlled
substances or alcohol and the offender's history or injury or threat
of injury to family members. As in Family Court proceedings, the
inclusion of inquiries regarding firearms will enhance the court's
ability to frame appropriate conditions for orders of protection and,
in cases involving serious violations, will afford the courts
information necessary to enforce the provisions regarding
firearms license suspensions or revocation and firearms surrender.

LEGISLATIVE HISTORY:
2008-10: Referred to Finance
2010: Referred and Recommitted to Codes

FISCAL IMPLICATIONS:
None.

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

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

                                   732

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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.
                                                           LBD01933-01-1

S. 732                              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,  the  opening  paragraph  as
amended  by  section  50 of part A of chapter 56 of the laws of 2010, 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  commissioner  of the division of criminal
justice services pursuant to the provisions of  article  twelve  of  the
executive  law.  No  such  rule,  however,  shall  be construed so as to
relieve the agency conducting the investigation of the duty of  investi-
gating 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-

S. 732                              3

HOLD,  THE  USE  OR  THREATENED USE OF DANGEROUS INSTRUMENTS AGAINST THE
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.

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