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Assembly Bill A4996

2009-2010 Legislative Session

Expands protections and procedures for victims of family offenses

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Archive: Last Bill Status - In Assembly Committee

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2009-A4996 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.12, CP L

2009-A4996 (ACTIVE) - Summary

Expands protections and procedures for victims of family offenses by providing for a third party acting with malice on behalf of a defendant to be included under the temporary order of protection conditions.

2009-A4996 (ACTIVE) - Bill Text download pdf 

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

                                  4996

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT,  SCHIMMINGER,  HOOPER,  ROBINSON,
  PEOPLES, KOON, ZEBROWSKI, LAVINE, SCARBOROUGH, COOK -- Multi-Sponsored
  by -- M. of A. ALFANO, BARRA, BENJAMIN, BRENNAN, DIAZ, ERRIGO,  McENE-
  NY,  PHEFFER,  N. RIVERA,  WALKER, WRIGHT -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  expanding
  protections and procedures for victims of family offenses

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

  Section 1. The opening paragraph of subdivision 1 of section 530.12 of
the criminal procedure law, as amended by chapter 137  of  the  laws  of
2007, is amended to read as follows:
  When  a  criminal action is pending involving a complaint charging any
crime or violation between spouses, former spouses, parent and child, or
between members of the same family or household, as members of the  same
family  or household are defined in subdivision one of section 530.11 of
this article, the court, in addition to any other powers conferred  upon
it by this chapter may issue a temporary order of protection in conjunc-
tion  with any securing order committing the defendant to the custody of
the sheriff or as a condition of any order of recognizance or bail or an
adjournment in contemplation of dismissal.  In  addition  to  any  other
conditions,  such  an  order  may require the defendant OR A THIRD PARTY
ACTING WITH MALICE ON BEHALF OF ANY SUCH DEFENDANT:
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07794-01-9

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