Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 13, 2013 |
signed chap.480 |
Nov 01, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.957 substituted for s5605 |
Jun 21, 2013 |
substituted by a6547b |
Jun 05, 2013 |
advanced to third reading |
Jun 04, 2013 |
2nd report cal. |
Jun 03, 2013 |
1st report cal.957 |
May 24, 2013 |
referred to children and families |
Senate Bill S5605
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6547 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5605 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6547
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L
2013-S5605 (ACTIVE) - Summary
Provides that communications or contact between protected parties with a party against whom an order of protection or temporary order of protection is issued shall not affect the validity of such order; requires notice thereof to be included in such orders; prohibits protected parties from being held to have violated an order of protection or a temporary order of protection.
2013-S5605 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5605 TITLE OF BILL: An act to amend the domestic relations law, the family court act and the criminal procedure law, in relation to the scope of orders of protection and temporary orders of protection PURPOSE OF BILL: This legislation will protect victims of domestic violence from being charged with and prosecuted for violating their own order of protection. It makes it clear that victims cannot be prosecuted for violating orders of protection issued in their favor. SUMMARY OF PROVISIONS: The bill amends sections of the Domestic Relations Law, Family Court Act. and the Criminal Procedure Law to clarify that the protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor and that such protected party may not. be arrested for violating such an order. The bill also amends sections of the Domestic Relations Law, Family Court Act and the Criminal Procedure Law to include a notice in orders of protection that makes it clear that. the order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the restrained party
2013-S5605 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5605 2013-2014 Regular Sessions I N S E N A T E May 24, 2013 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, the family court act and the criminal procedure law, in relation to the scope of orders of protection and temporary orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 3 of section 240 of the domestic relations law, as amended by chapter 597 of the laws of 1998, is amended and a new paragraph i is added to read as follows: b. An order of protection entered pursuant to this subdivision shall bear in a conspicuous manner, on the front page of said order, the language "Order of protection issued pursuant to section two hundred forty of the domestic relations law". THE ORDER OF PROTECTION SHALL ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER.". The absence of such language shall not affect the validity of such order. The presentation of a copy of such an order to any peace officer acting pursuant to his or her special duties, or police officer, shall constitute authority, for that officer to arrest a person when that person has violated the terms of such an order, and bring such person before the court and, otherwise, so far as lies within the officer's power, to aid in securing the protection such order was intended to afford. I. THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE SUCH AN ORDER NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-07-3
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