S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3343
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation  to  authorizing a court to file non-family offense temporary
   orders of protection and orders of protection  with  the  computerized
   registry established for such information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 530.13 of the  criminal  procedure
 law,  as  amended by chapter 462 of the laws of 2002, is amended to read
 as follows:
   5. The court shall inquire as to the existence of any other orders  of
 protection  between the defendant and the person or persons for whom the
 order of protection is sought. An order of protection issued under  this
 section  shall plainly state the date that such order expires. Orders of
 protection issued to protect victims of domestic violence, as defined in
 section four hundred fifty-nine-a of the social services law,  shall  be
 on uniform statewide forms that shall be promulgated by the chief admin-
 istrator  of  the courts in a manner to ensure the compatibility of such
 forms with the statewide registry of orders of protection  and  warrants
 established  pursuant  to section two hundred twenty-one-a of the execu-
 tive law. A copy of an order of  protection  or  a  temporary  order  of
 protection  issued  pursuant  to subdivision one, two, three, or four of
 this section shall be filed by the clerk of the court with the sheriff's
 office in the county in which such victim or victims reside, or, if  the
 victim  or  victims  reside within a city, with the police department of
 such city, AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY  OF  ORDERS
 OF  PROTECTION  AND  ARREST WARRANTS ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW  WHERE  THE  COURT  DETERMINES
 THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER.  A
 copy  of  such  order of protection or temporary order of protection may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05057-01-7

 S. 3343                             2
 
 from time to time be filed by the clerk of  the  court  with  any  other
 police  department  or sheriff's office having jurisdiction of the resi-
 dence, work place, and school of anyone intended to be protected by such
 order. A copy of the order may also be filed by the victim or victims at
 the  appropriate  police department or sheriff's office having jurisdic-
 tion. Any subsequent amendment or revocation  of  such  order  shall  be
 filed in the same manner as herein provided.
   §  2.  Subdivision 1 of section 221-a of the executive law, as amended
 by chapter 492 of the laws of 2015, is amended to read as follows:
   1. The superintendent, in consultation with the division  of  criminal
 justice services, office of court administration, and the office for the
 prevention  of domestic violence, shall develop a comprehensive plan for
 the establishment and maintenance of a statewide  computerized  registry
 of all orders of protection issued pursuant to articles four, five, six,
 eight  and  ten  of the family court act, section 530.12 of the criminal
 procedure law and, 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  and  sections  two
 hundred  forty  and  two hundred fifty-two of the domestic relations law
 AND THOSE ORDERS OF PROTECTION WHICH  A  COURT  ORDERS  FILED  WITH  THE
 REGISTRY  PURSUANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL
 PROCEDURE  LAW,  AND  ANY  WARRANT  ARISING  THEREFROM,  and  orders  of
 protection  issued by courts of competent jurisdiction in another state,
 territorial or tribal jurisdiction, special orders of conditions  issued
 pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one
 of  section 330.20 of the criminal procedure law insofar as they involve
 a victim or victims of domestic violence as defined by  subdivision  one
 of  section  four  hundred  fifty-nine-a of the social services law or a
 designated witness or witnesses  to  such  domestic  violence,  and  all
 warrants  issued  pursuant to sections one hundred fifty-three and eight
 hundred twenty-seven of the family  court  act,  and  arrest  and  bench
 warrants as defined in subdivisions twenty-eight, twenty-nine and thirty
 of  section 1.20 of the criminal procedure law, insofar as such warrants
 pertain to orders of  protection  or  temporary  orders  of  protection;
 provided,  however, that warrants issued pursuant to section one hundred
 fifty-three of the family court act pertaining  to  articles  three  and
 seven  of  such  act  and  section  530.13 of the criminal procedure law
 EXCEPT AS PROVIDED FOR IN THIS SUBDIVISION shall not be included in  the
 registry.  The superintendent shall establish and maintain such registry
 for the purposes of ascertaining the existence of orders of  protection,
 temporary  orders  of  protection, warrants and special orders of condi-
 tions, and for enforcing the provisions of paragraph (b) of  subdivision
 four of section 140.10 of the criminal procedure law.
   §  3. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become a law.