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Assembly Bill A1870

Signed By Governor

2009-2010 Legislative Session

Authorizes family and supreme courts to issue orders of protection for the protection of witnesses

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Archive: Last Bill Status - Signed by Governor

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2009-A1870 - Details

2009-A1870 - Summary

Authorizes family courts to issue orders of protection for the protection of witnesses.

2009-A1870 - Bill Text download pdf 

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

                                  1870

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. PHEFFER, SWEENEY -- Multi-Sponsored by -- M. of
  A. TOWNS -- read once and referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation  to  the  issuance  of
  orders of protection for the benefit of witnesses

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

  Section 1. Subdivision 1 of section 352.3 of the family court act,  as
amended  by  chapter  532  of  the  laws  of 2008, is amended to read as
follows:
  (1) Upon the issuance of an order pursuant to  section  315.3  or  the
entry  of an order of disposition pursuant to section 352.2, a court may
enter an order of protection  against  any  respondent  for  good  cause
shown. The order may require that the respondent: (a) stay away from the
home,  school,  business  or  place  of employment of the victims of the
alleged offense; or (b) refrain from harassing, intimidating,  threaten-
ing  or  otherwise  interfering  with  (I)  the victim or victims of the
alleged offense and such members of the  family  or  household  of  such
victim  or  victims  as shall be specifically named by the court in such
order; OR (II) SUCH DESIGNATED WITNESS AS SHALL BE SPECIFICALLY NAMED BY
THE COURT IN SUCH ORDER; PROVIDED THAT THE COURT MAKES  A  FINDING  THAT
THE  RESPONDENT  DID  PREVIOUSLY, OR IS LIKELY TO IN THE FUTURE, HARASS,
INTIMIDATE, THREATEN, OR OTHERWISE INTERFERE WITH SUCH WITNESS;  or  (c)
refrain  from  intentionally injuring or killing, without 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. "Companion animal",  as  used
in  this subdivision, shall have the same meaning as in subdivision five
of section three hundred fifty of the agriculture and markets law.
  S 2.  This act shall take effect immediately and shall apply to orders
of protection issued on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-01-9

2009-A1870A (ACTIVE) - Details

2009-A1870A (ACTIVE) - Summary

Authorizes family courts to issue orders of protection for the protection of witnesses.

2009-A1870A (ACTIVE) - Bill Text download pdf 

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

                                 1870--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. PHEFFER, SWEENEY -- Multi-Sponsored by -- M. of
  A. TOWNS -- read once and referred to the Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the family court act, in relation  to  the  issuance  of
  orders of protection for the benefit of witnesses

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

  Section 1. Section 352.3 of the family court act is amended by  adding
a new subdivision 1-a to read as follows:
  (1-A)  UPON  THE ISSUANCE OF AN ORDER PURSUANT TO SECTION 315.3 OR THE
ENTRY OF AN ORDER OF DISPOSITION PURSUANT TO SECTION 352.2, A COURT MAY,
FOR GOOD CAUSE SHOWN, ENTER AN ORDER OF PROTECTION AGAINST ANY  RESPOND-
ENT  REQUIRING  THAT  THE  RESPONDENT  REFRAIN FROM ENGAGING IN CONDUCT,
AGAINST ANY DESIGNATED WITNESS SPECIFICALLY NAMED BY THE COURT  IN  SUCH
ORDER,  THAT  WOULD  CONSTITUTE  INTIMIDATION  OF  A WITNESS PURSUANT TO
SECTION 215.15, 215.16 OR 215.17 OF THE PENAL LAW OR AN ATTEMPT THEREOF,
PROVIDED THAT THE COURT MAKES A FINDING THAT THE RESPONDENT  DID  PREVI-
OUSLY,  OR  IS  LIKELY TO IN THE FUTURE, INTIMIDATE OR ATTEMPT TO INTIM-
IDATE SUCH WITNESS IN SUCH MANNER.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-02-9

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