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Senate Bill S4930

2009-2010 Legislative Session

Allows people with orders of protection to refuse to provide certain personal information during the disclosure phase of a court proceeding

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4930 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง3104-a, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S1605

2009-S4930 (ACTIVE) - Summary

Allows people with orders of protection issued in their favor to refuse to provide certain personal information during the disclosure phase of a court proceeding.

2009-S4930 (ACTIVE) - Sponsor Memo

2009-S4930 (ACTIVE) - Bill Text download pdf 

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

                                  4930

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to provid-
  ing personal information during disclosure by  a  person  to  whom  an
  order of protection has been issued

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

  Section 1. The civil practice law and rules is amended by adding a new
section 3104-a to read as follows:
  S 3104-A.  PROTECTION  OF  DOMESTIC  VIOLENCE  VICTIMS  AT  DISCLOSURE
PROCEEDINGS.  (A)  MOTION  FOR  PROTECTION  SERVICES. UPON MOTION OF ANY
PARTY OR WITNESS, WHO IS ALSO A  CRIME  VICTIM  OR  VICTIM  OF  DOMESTIC
VIOLENCE  AS  DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW, OR WHO HAS A VALID ORDER OF PROTECTION OR TEMPORARY  ORDER
OF  PROTECTION  AGAINST  A  PARTY  OR  WITNESS IN THE PROCEEDING, AND ON
NOTICE TO ALL PARTIES, OR ON ITS  OWN  INITIATIVE  WITHOUT  NOTICE,  THE
COURT IN WHICH AN ACTION IS PENDING SHALL ORDER THAT A DOMESTIC VIOLENCE
VICTIM  OR  CRIME  VICTIM  BE  FURTHER  PROTECTED  WITHIN  THE  ORDER OF
PROTECTION AND THAT THE VICTIM WITH AN ORDER OF PROTECTION SHALL NOT  BE
ORDERED OR COMPELLED TO ANSWER QUESTIONS OF A PERSONAL NATURE, INCLUDING
BUT  NOT  LIMITED  TO RESIDENCY, EMPLOYMENT, FAMILY RELATIONSHIPS, WHICH
MAY ALSO BE INCLUDED IN THE ORDER OF PROTECTION, OR ANY  OTHER  INFORMA-
TION WITH REGARD TO THEIR SAFETY OR OTHER PERSONS WHO ARE ALSO MENTIONED
IN  THE ORDER OF PROTECTION. PERSONS WHO HAVE ORDERS OF PROTECTION SHALL
NOT BE PENALIZED FOR NOT ANSWERING THESE QUESTIONS.  THE  PROVISIONS  OF
THIS  SECTION  SHALL ALSO APPLY TO: (I) ANY VICTIM WHO IS IN THE PROCESS
OF OBTAINING AN ORDER OF PROTECTION; OR (II) ANY VICTIM WHO  HAS  PREVI-
OUSLY  HAD  AN  ORDER  OF  PROTECTION  AGAINST A PARTY OR WITNESS OF THE
PROCEEDING.
  (B) SCOPE OF PROTECTION SERVICES. THE COURT SHALL ORDER THE  NECESSARY
PROTECTIONS NEEDED TO ENSURE THE SAFETY OF THE CRIME VICTIM OR VICTIM OF
DOMESTIC VIOLENCE, UPON REASONABLE NOTICE TO THE PARTIES AND UPON OPPOR-
TUNITY TO BE HEARD.
  S 2. This act shall take effect immediately.

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