Senate Bill S5372

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

                                  5372

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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.
                                                           LBD02179-01-9
              

S. 5372                             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.
  S  2.  Subdivision 1 of section 221-a of the executive law, as amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice  services,  office  of  court  administration,  the  division of
probation and  correctional  alternatives,  the  state  office  for  the
prevention of domestic violence and the division for women, shall devel-
op  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 and eight 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 juris-
diction  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, seven and ten 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 ascer-
taining the existence of  orders  of  protection,  temporary  orders  of
protection, warrants and special orders of conditions, and for enforcing
the provisions of paragraph (b) of subdivision four of section 140.10 of
the criminal procedure law.
  S  3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.