senate Bill S1017A

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

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 30 / Apr / 2013
    • 1ST REPORT CAL.519
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Feb / 2014
    • PRINT NUMBER 1017A
  • 13 / May / 2014
    • 1ST REPORT CAL.710
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • 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:
A9204
Versions:
S1017
S1017A
Legislative Cycle:
2013-2014
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:
2011-2012: S732, S732
2009-2010: S1466, S1466
2013-2014: A6234

Sponsor Memo

BILL NUMBER:S1017A

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:

2010 Referred and Recommitted to Codes
2011 Passed Senate 2012 Passed Senate

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
________________________________________________________________________

                                 1017--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 chapter 368 of the laws  of  2013,  is  amended  to  read  as
follows:
  4. Courts and law enforcement officials, including probation officers,
and  employees  of  local  correctional facilities and the department of
corrections and community supervision who are responsible  for  monitor-
ing, supervising or classification of inmates or parolees 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 STATEWIDE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05317-02-4

S. 1017--A                          2

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.
  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

S. 1017--A                          3

  (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-
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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