Assembly Bill A2916

2009-2010 Legislative Session

Provides for notice of release of the accused to be given to the victim of an alleged family offense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2009-A2916 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §829, Fam Ct Act; amd §530.12, CP L

2009-A2916 (ACTIVE) - Summary

Provides for notice of release of the accused to be given to the victim or petitioner of an alleged family offense; provides for notice of the issuance of an order of protection or temporary order of protection to be given to the person to be protected if such person is not in court when the order is issued; provides for these notices to be given by first class mail or by telephone or overnight mail where indicated.

2009-A2916 (ACTIVE) - Bill Text download pdf 

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

                                  2916

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. KOON, SCHIMMINGER, PHEFFER, MAGNARELLI, MORELLE,
  DINOWITZ, SEMINERIO -- Multi-Sponsored by -- M. of A. ABBATE,  ARROYO,
  CLARK,  COLTON,  DelMONTE, GALEF, HIKIND, HOOPER, JACOBS, JOHN, MAYER-
  SOHN, ORTIZ, SCARBOROUGH, WEISENBERG, WRIGHT -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the family court act and the criminal procedure law,  in
  relation to family offense notification  procedures

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

  Section 1. The family court act is amended by adding a new section 829
to read as follows:
  S 829. FAMILY OFFENSE NOTIFICATION. UPON RELEASING A PERSON ACCUSED OF
COMMITTING A FAMILY OFFENSE FROM CUSTODY, THE  COURT  SHALL  NOTIFY  THE
PETITIONER  OR  VICTIM  OF  SUCH RELEASE, WHEN THE COURT DETERMINES THAT
NOTIFICATION IS NECESSARY TO PROTECT THE PETITIONER  OR  VICTIM.  NOTICE
SHALL BE BY FIRST CLASS MAIL, UNLESS THE COURT DETERMINES THAT NOTIFICA-
TION BY TELEPHONE OR OVERNIGHT MAIL IS REQUIRED.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 14-a to read as follows:
  14-A.  UPON  RELEASING  FROM  CUSTODY  A  PERSON CHARGED WITH A FAMILY
OFFENSE AS DEFINED IN SECTION 530.11 OF THIS ARTICLE OR WITH  ANY  OTHER
CRIME  SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE
COURT SHALL NOTIFY THE COMPLAINANT OR VICTIM OF SUCH  RELEASE  WHEN  THE
COURT DETERMINES THAT NOTIFICATION IS NECESSARY TO PROTECT THE COMPLAIN-
ANT  OR  VICTIM.  NOTICE  SHALL BE BY FIRST CLASS MAIL, UNLESS THE COURT
DETERMINES THAT NOTIFICATION BY TELEPHONE OR OVERNIGHT MAIL IS REQUIRED.
  S 3. Subdivision 8 of section 530.12 of the criminal procedure law, as
amended by section 5 of part D of chapter 56 of the  laws  of  2008,  is
amended to read as follows:
  8.  In  any  proceeding  in  which an order of protection or temporary
order of protection or a warrant has been issued under this section, the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01637-01-9

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