Senate Bill S5877

2013-2014 Legislative Session

relates to the scope of orders of protection and temporary orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2013-S5877 (ACTIVE) - Details

Current Committee:
Senate Rules
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-S5877 (ACTIVE) - Summary

Relates to the scope of orders of protection and temporary orders of protection.

2013-S5877 (ACTIVE) - Sponsor Memo

2013-S5877 (ACTIVE) - Bill Text download pdf

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

                                  5877

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. YOUNG, SAVINO, LITTLE, RITCHIE, MARCHIONE, ROBACH,
  HANNON -- (at request of the  Governor)  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Rules

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12055-01-3

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.