senate Bill S3147

Amended

Relates to notification to victims of service of orders 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

  • 30 / Jan / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 24 / Jan / 2014
    • PRINT NUMBER 3147A

Summary

Requires courts to notify victims upon service of orders of protection.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1195
Versions:
S3147
S3147A
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L; amd §§446, 551, 656 & 842, Fam Ct Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: S889A, A571A
2009-2010: S4509, A7912

Sponsor Memo

BILL NUMBER:S3147

TITLE OF BILL: An act to amend the criminal procedure law and the fami-
ly court act, in relation to notification to victims of orders of
protection

PURPOSE: To insure notification of victims when service has been made
of orders of protection.

SUMMARY OF PROVISIONS:

Section 1. Section 530.12 of the criminal procedure law is amended by
adding a new subdivision 16 - the clerk of the court shall be responsi-
ble for providing information to individuals petitioning for ex-parte
orders of protection regarding notification of service of the orders of
protection. Such notification to the petitioner is required if the peti-
tioner has registered a telephone number with the states victim notifi-
cation system. The petitioner shall be informed of his or her option to
receive notification of service of an ex-parte orders of protection or
summons to court. The local law enforcement agency or any other govern-
ment agency responsible for serving ex-parte orders of protection or
summons to court shall record the service of these orders of protection
into a law enforcement database, or similar electronic record keeping
system, at the time when service occurs. The provisions of this section
shall only apply to those court clerks able to access a statewide victim
notification system.

Section 2. Section 530.13 adding a new subdivision 6-a: The clerk of the
court shall be responsible for providing information to individuals
petitioning for ex-parte order of protection and shall be informed of
his or her option to receive notification of service. The local law
enforcement agency or other government agency responsible for serving
the ex-parte orders shall record the service of orders on the computer-
ized registry at the time when service occurs. This shall only apply to
those court clerks able to access a statewide victim notification
system.

Section 3. Section 446 of the family court act is amended and a new
subdivision 6 is added: The clerk of the court shall be responsible for
Providing information to individuals petitioning for ex-parte orders of
protection and shall be informed of his or her option to receive notifi-
cation of service. The local law enforcement agency or other government
agency responsible for serving the ex-parte orders shall record the
service of orders on the computerized registry at the time when service
occurs. This shall only apply to those court clerks able to access a
statewide victim notification system.

Section 4. Section 551 of the family court act is amended and a new
subdivision 5 is added: The clerk of the court shall be responsible for
providing information to individuals petitioning for ex-parte orders of
protection and shall be informed of his or her option to receive notifi-

cation of service. The local law enforcement agency or other government
agency responsible for serving the ex-parte orders shall record the
service of orders on the computerized registry at the time when service
occurs. This shall only apply to those court clerks able to access a
statewide victim notification system.

Section 5. Section 656 of the family court act is amended and anew
subdivision 6 is added: The clerk of the court shall be responsible for
providing information to individuals petitioning for ex-parte orders of
protection and shall be informed of his or her option to receive notifi-
cation of service. The local law enforcement agency or other government
agency responsible for serving the ex-parte orders shall record the
service of orders on the computerized registry at the time when service
occurs. This shall only apply to those court clerks able to access a
statewide victim notification system.

Section 6. Section 842 of the family court act is amended and a new
subdivision 9 is added: The clerk of the court shall be responsible for
Providing information to individuals petitioning for ex-parte orders of
protection and shall be informed of his or her option to receive notifi-
cation of service. The local law enforcement agency or other government
agency responsible for serving the ex-parte orders shall record the
service of orders on the computerized registry at the time when service
occurs. This shall only apply to those court clerks able to access a
statewide victim notification system.

Section 7. This act shall take effect immediately.

JUSTIFICATION: Access to information is a vital concern for crime
victims. Over 30 states have adopted statewide automated victim notifi-
cation systems including New York. However, New York has not yet 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 will be notified when they are
in the greatest danger and criminal justice agencies are given new tools
to assist them during this vulnerable time.

Congress has approved millions of dollars to help states expand their
victim notification systems and the Bureau of Justice Assistance within
the US Department of Justice has made these grants available to states.
This legislation will make New York eligible for this funding.

LEGISLATIVE HISTORY: 2008 - A.9641/S.6906 - Vetoed Memo 16 New bill to
address concerns expressed in Veto Memo.

FISCAL IMPLICATIONS:; None.

EFFECTIVE DATE: Immediately.

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

                                  3147

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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

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

  Section 1. Section 530.12 of the criminal procedure law is amended  by
adding a new subdivision 16 to read as follows:
  16. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 2. Section 530.13 of the criminal procedure law is amended by adding
a new subdivision 6-a to read as follows:
  6-A.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFOR-
MATION TO INDIVIDUALS PETITIONING FOR  EX  PARTE  ORDERS  OF  PROTECTION
REGARDING  NOTIFICATION  OF  SERVICE  OF  AN  ORDER  OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS  REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00949-01-3

S. 3147                             2

PETITIONER  SHALL  BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION  OR  SUMMONS  ON  THE
RESPONDENT  BY  THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 3. Section 446 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
subdivision (i) as added by chapter 483 of the laws of 1995, subdivision
(h) as added and subdivision (i) as relettered by  chapter  253  of  the
laws  of  2006, paragraph 1 of subdivision (h) as amended by chapter 532
of the laws of 2008, the second undesignated  paragraph  as  amended  by
chapter  326  of  the  laws of 2008, the third undesignated paragraph as
added by chapter 73 of the laws of 2007 and  the  closing  paragraph  as
added by chapter 341 of the laws of 2010, is amended to read as follows:
  S  446.  Order  of  protection.  1.  The  court  may  make an order of
protection in assistance or as a condition of any other order made under
this part.  The order of protection may set forth reasonable  conditions
of  behavior  to  be  observed for a specified time by the petitioner or
respondent or both. No order of  protection  may  direct  any  party  to
observe  conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim  in  accord-
ance  with  section  one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  any  other  party,  the  other spouse, the other parent or the
child, and to stay away from any other specific location  designated  by
the court;
  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c) to refrain from committing a family offense, as defined in  subdi-
vision  one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other  parent  or  against  any
person  to  whom  custody  of  the  child is awarded, or from harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under  this  act
or the domestic relations law;
  (e)  to  refrain  from  acts  of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
  (f) to participate in an educational program  and  to  pay  the  costs
thereof  if  the  person  has  the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (g) to provide, either directly or by  means  of  medical  and  health
insurance,  for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order.

S. 3147                             3

  (h) [1.] (1) to refrain from intentionally injuring or killing,  with-
out  justification,  any  companion  animal  the  respondent knows to be
owned, possessed, leased, kept or held by the person  protected  by  the
order or a minor child residing in such person's household.
  [2.]  (2)  "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three  hundred  fifty  of
the agriculture and markets law.
  (i)  to  observe such other conditions as are necessary to further the
purposes of protection.
  2. The court may also award custody of the child, during the  term  of
the  order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court  power
to  place  or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as  to
insure  that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.
  3. Notwithstanding the foregoing provisions, an order  of  protection,
or  temporary  order  of  protection  where  applicable,  may be entered
against a former spouse and persons who have a child in common,  regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
  4.  In  addition  to  the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real  prop-
erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
protection has been issued to terminate  a  lease  or  rental  agreement
pursuant to section two hundred twenty-seven-c of the real property law.
  5.  In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application  for  such  an  order,
solely  on  the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or  the  conclusion  of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  6.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 4. Section 551 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
(i) as added and subdivision (j) as relettered by  chapter  253  of  the
laws  of  2006, paragraph 1 of subdivision (i) as amended by chapter 532
of the laws of 2008, the third  undesignated  paragraph  as  amended  by

S. 3147                             4

chapter  326  of  the laws of 2008 and the closing paragraph as added by
chapter 341 of the laws of 2010, is amended to read as follows:
  S  551.  Order  of  protection.  1.  The  court  may  make an order of
protection in assistance or as a condition of any other order made under
this article.  The order of protection may set forth  reasonable  condi-
tions  of behavior to be observed for a specified time by the petitioner
or respondent or both. No order of protection may direct  any  party  to
observe  conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim  in  accord-
ance  with  section  one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  any  other  party, the other parent, or the child, and to stay
away from any other specific location designated by the court;
  (b) to permit a parent, or a person entitled to visitation by a  court
order or a separation agreement to visit the child at stated periods;
  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any  criminal
offense  against  the  child  or against the other parent or against any
person to whom custody of the  child  is  awarded,  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child;
  (f)  to  participate  in  an  educational program and to pay the costs
thereof if the person has the means to do so,  provided,  however,  that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (g)  to  provide,  either  directly  or by means of medical and health
insurance, for expenses incurred for medical care and treatment  arising
from the incident or incidents forming the basis for the issuance of the
order;
  (h)  to  pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by  such
order  if  such  order is issued or enforced, whether or not an order of
filiation is made.
  (i) [1.] (1) to refrain from intentionally injuring or killing,  with-
out  justification,  any  companion  animal  the  respondent knows to be
owned, possessed, leased, kept or held by the person  protected  by  the
order or a minor child residing in such person's household.
  [2.]  (2)  "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three  hundred  fifty  of
the agriculture and markets law.
  (j)  to  observe such other conditions as are necessary to further the
purposes of protection.
  2. The court may also award custody of the child, during the  term  of
the  order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court  power
to  place  or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as  to
insure  that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.

S. 3147                             5

  3. Notwithstanding the foregoing provisions, an order  of  protection,
or  temporary  order  of  protection  where  applicable,  may be entered
against a former spouse and persons who have a child in common,  regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
  4.  In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application  for  such  an  order,
solely  on  the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or  the  conclusion  of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  5.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 5. Section 656 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
(i) as added and subdivision (j) as relettered by  chapter  253  of  the
laws  of  2006,  the second undesignated paragraph as amended by chapter
326 of the laws of 2008, the third undesignated paragraph  as  added  by
chapter  73  of  the  laws of 2007 and the closing paragraph as added by
chapter 341 of the laws of 2010, is amended to read as follows:
  S 656. Order of  protection.  1.  The  court  may  make  an  order  of
protection  and an order of probation in assistance or as a condition of
any other order made under this part. The order of  protection  may  set
forth  reasonable  conditions  of behavior to be observed for a specific
time by any petitioner or any respondent, and shall specify if an  order
of  probation  is in effect. No order of protection may direct any party
to observe conditions of behavior unless the party requesting the  order
of  protection  has  served  and  filed  a  petition or counter-claim in
accordance with section one hundred fifty-four-b of this  act.  Such  an
order may require the petitioner or the respondent:
  (a)  to  stay away from the home, school, business or place of employ-
ment of any other party, the other spouse or parent, or the  child,  and
to stay away from any other specific location designated by the court;
  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c) to refrain from committing a family offense, as defined in  subdi-
vision  one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other  parent  or  against  any

S. 3147                             6

person  to  whom  custody  of  the  child is awarded, or from harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child;
  (f)  to  participate  in  an  educational program and to pay the costs
thereof if the person has the means to  do  so,  provided  however  that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (g)  to  provide,  either  directly  or by means of medical and health
insurance, for expenses incurred for medical care and treatment  arising
from the incident or incidents forming the basis for the issuance of the
order;
  (h)  to  pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by  such
order if such order is issued or enforced.
  (i)  [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion  animal  the  respondent  knows  to  be
owned,  possessed,  leased,  kept  or  held by the petitioner or a minor
child residing in the household.
  [2.] (2) "Companion animal", as used in this section, shall  have  the
same  meaning  as  in subdivision five of section three hundred fifty of
the agriculture and markets law.
  (j) to observe such other conditions as are necessary to  further  the
purposes of protection.
  2.  The  court shall not require anyone seeking an order of protection
under this section to  first  request  that  child  protective  services
investigate  the  allegations  or  to first request permission to file a
petition under article ten of this act.
  3. Notwithstanding the foregoing provisions, an order  of  protection,
or  temporary  order  of  protection  where  applicable,  may be entered
against a former spouse and persons who have a child in common,  regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
  4.  In  addition  to  the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real  prop-
erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
protection has been issued to terminate  a  lease  or  rental  agreement
pursuant to section two hundred twenty-seven-c of the real property law.
  5.  In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application  for  such  an  order,
solely  on  the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or  the  conclusion  of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  6.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION TO INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS  OF  PROTECTION
REGARDING  NOTIFICATION  OF  SERVICE  OF  AN  ORDER  OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS  REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
PETITIONER  SHALL  BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION  OR  SUMMONS  ON  THE

S. 3147                             7

RESPONDENT  BY  THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF  PROTECTION  OR
SUMMONS  TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 6. Section 842 of the family court act, as amended by chapter 222 of
the  laws  of 1994, the opening paragraph as separately amended by chap-
ters 325 and 341 of the laws of 2010, subdivisions (a),  (b),  (c),  (d)
and  (e)  as  amended and subdivision (j) as added by chapter 483 of the
laws of 1995, subdivision (i) as added and subdivision (j) as relettered
by chapter 253 of the laws of 2006, the second undesignated paragraph as
amended by chapter 325 of the laws of 2010, the third undesignated para-
graph as amended by chapter 224 of the laws of 1994, the sixth  undesig-
nated  paragraph  as  amended  by  section 114 of subpart B of part C of
chapter 62 of the laws of 2011, the seventh  undesignated  paragraph  as
amended  by chapter 326 of the laws of 2008 and the closing paragraph as
added by chapter 73 of the laws of 2007, is amended to read as follows:
  S 842. Order of protection. 1. An order of  protection  under  section
eight  hundred  forty-one of this part shall set forth reasonable condi-
tions of behavior to be observed for a period not in excess of two years
by the petitioner or respondent or for a period not in  excess  of  five
years  upon (i) a finding by the court on the record of the existence of
aggravating circumstances as defined in paragraph (vii)  of  subdivision
(a)  of  section  eight  hundred twenty-seven of this article; or (ii) a
finding by the court on the record that the conduct alleged in the peti-
tion is in violation of a valid order  of  protection.  Any  finding  of
aggravating  circumstances  pursuant  to this section shall be stated on
the record and upon the order of protection. The court  may  also,  upon
motion,  extend  the order of protection for a reasonable period of time
upon a showing of good cause or consent of the parties.  The  fact  that
abuse  has  not  occurred  during the pendency of an order shall not, in
itself, constitute sufficient ground for denying or  failing  to  extend
the  order.  The  court  must articulate a basis for its decision on the
record. The duration of any temporary order shall not  by  itself  be  a
factor  in  determining  the length or issuance of any final order.  Any
order of protection issued pursuant to this section shall specify if  an
order of probation is in effect. Any order of protection issued pursuant
to this section may require the petitioner or the respondent:
  (a)  to  stay away from the home, school, business or place of employ-
ment of any other party, the other spouse,  the  other  parent,  or  the
child,  and  to stay away from any other specific location designated by
the court, provided that the court shall make a determination, and shall
state such determination in a written decision or on the record, whether
to impose a condition pursuant to this [subdivision] PARAGRAPH, provided
further, however, that failure to make such a  determination  shall  not
affect the validity of such order of protection. In making such determi-
nation,  the court shall consider, but shall not be limited to consider-
ation of, whether the order of  protection  is  likely  to  achieve  its
purpose  in  the  absence  of such a condition, conduct subject to prior
orders of protection, prior incidents of abuse, extent of past or  pres-
ent injury, threats, drug or alcohol abuse, and access to weapons;

S. 3147                             8

  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this [act] ARTICLE, or any
criminal offense against the  child  or  against  the  other  parent  or
against  any  person  to  whom  custody of the child is awarded, or from
harassing, intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under  this  act
or the domestic relations law;
  (e)  to  refrain  from  acts  of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
  (f) to pay the reasonable counsel fees and disbursements  involved  in
obtaining  or enforcing the order of the person who is protected by such
order if such order is issued or enforced;
  (g) to require the respondent to participate in a batterer's education
program designed to help end violent behavior, which may include  refer-
ral to drug and alcohol counselling, and to pay the costs thereof if the
person  has  the means to do so, provided however that nothing contained
herein shall be deemed to require payment  of  the  costs  of  any  such
program by the petitioner, the state or any political subdivision there-
of; and
  (h)  to  provide,  either  directly  or by means of medical and health
insurance, for expenses incurred for medical care and treatment  arising
from the incident or incidents forming the basis for the issuance of the
order.
  (i)  [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion  animal  the  respondent  knows  to  be
owned,  possessed,  leased,  kept  or  held by the petitioner or a minor
child residing in the household.
  [2.] (2) "Companion animal", as used in this section, shall  have  the
same  meaning  as  in subdivision five of section three hundred fifty of
the agriculture and markets law.
  (j) to observe such other conditions as are necessary to  further  the
purposes of protection.
  2.  The  court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate  relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to  an  institution
or agency.
  3.  Notwithstanding  the provisions of section eight hundred seventeen
of this article, where a  temporary  order  of  child  support  has  not
already  been  issued,  the  court may in addition to the issuance of an
order of protection pursuant to this section, issue an order for  tempo-
rary  child  support  in  an  amount sufficient to meet the needs of the
child, without a showing of immediate or emergency need. The court shall
make an order for temporary child support notwithstanding that  informa-
tion with respect to income and assets of the respondent may be unavail-
able.  Where  such information is available, the court may make an award
for temporary child support pursuant to the formula set forth in  subdi-
vision  one  of  section  four  hundred  thirteen of this act. Temporary
orders of support issued pursuant to this article  shall  be  deemed  to
have been issued pursuant to section four hundred thirteen of this act.
  4.  Upon  making an order for temporary child support pursuant to this
subdivision, the court shall advise the petitioner of  the  availability

S. 3147                             9

of  child support enforcement services by the support collection unit of
the local department of social services, to enforce the temporary  order
and  to  assist  in  securing continued child support, and shall set the
support  matter  down for further proceedings in accordance with article
four of this act.
  5. Where the court determines that the respondent has employer-provid-
ed medical insurance, the court may further direct, as part of an  order
of  temporary  support  under  this  subdivision, that a medical support
execution be  issued  and  served  upon  the  respondent's  employer  as
provided  for  in section fifty-two hundred forty-one of the civil prac-
tice law and rules.
  6. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of the court shall issue to the petitioner and respondent and his
counsel and to any other person affected by the  order  a  copy  of  the
order  of  protection or temporary order of protection and ensure that a
copy of the order of protection or  temporary  order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or the department of corrections  and  community  supervision
where the individual is under probation or parole supervision.
  7.  Notwithstanding  the foregoing provisions, an order of protection,
or temporary order  of  protection  where  applicable,  may  be  entered
against  a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this article.
  8. In addition to the foregoing provisions, the  court  may  issue  an
order,  pursuant to section two hundred twenty-seven-c of the real prop-
erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
protection  has  been  issued  to  terminate a lease or rental agreement
pursuant to section two hundred twenty-seven-c of the real property law.
  9.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION TO INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS  OF  PROTECTION
REGARDING  NOTIFICATION  OF  SERVICE  OF  AN  ORDER  OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS  REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
PETITIONER  SHALL  BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION  OR  SUMMONS  ON  THE
RESPONDENT  BY  THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF  PROTECTION  OR
SUMMONS  TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE  ORDERS  OF  PROTECTION  OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED  REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT  THE  TIME  WHEN  SERVICE  OCCURS.  THE
PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
  S 7. This act shall take effect immediately.

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.