S T A T E O F N E W Y O R K
________________________________________________________________________
5207
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. ESPAILLAT, SCHIMMINGER, JOHN, HOOPER, ROBINSON,
KOON, PEOPLES, ZEBROWSKI, LAVINE, REILLY -- Multi-Sponsored by -- M.
of A. ABBATE, ALFANO, BACALLES, BARRA, BENJAMIN, DIAZ, ERRIGO, McENE-
NY, PERRY, PHEFFER, N. RIVERA, SCARBOROUGH, WALKER, 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. NOTIFICATION OF RELEASE. UPON THE RELEASE OF A PERSON ACCUSED
OF COMMITTING A FAMILY OFFENSE FROM CUSTODY, THE COURT SHALL NOTIFY THE
VICTIM OR PETITIONER OF SUCH RELEASE WITHIN SEVENTY-TWO HOURS. NOTICE
SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
1. BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
2. BY DELIVERING NOTIFICATION TO A PERSON OF SUITABLE AGE AND
DISCRETION AT THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM
OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE LEGEND
"PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE THEREOF,
BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
OR CONCERNS AND ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
3. WHERE NOTIFICATION UNDER SUBDIVISIONS ONE AND TWO OF THIS SECTION
CANNOT BE MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION TO THE
DOOR OF THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM OR
PETITIONER AND BY EITHER MAILING THE NOTIFICATION TO SUCH VICTIM OR
PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
LEGEND "PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE
THEREOF, BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08395-01-9
A. 5207 2
THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
PARTY;
4. BY TELEPHONE OR OVERNIGHT MAIL IF THE COURT DETERMINES THAT NOTIFI-
CATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
5. IN SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF SERVICE
IS IMPRACTICABLE UNDER SUBDIVISIONS ONE, TWO, THREE AND FOUR OF THIS
SECTION.
S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 16 to read as follows:
16. UPON RELEASING FROM CUSTODY A DEFENDANT CHARGED WITH A FAMILY
OFFENSE, AS DEFINED IN SECTION 530.11 OF THIS ARTICLE OR WITH ANY OTHER
CRIME SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION,
THE COURT SHALL NOTIFY THE VICTIM OR PETITIONER OF SUCH RELEASE WITHIN
SEVENTY-TWO HOURS. NOTICE SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
(A) BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
(B) BY DELIVERING NOTIFICATION TO A PERSON OF SUITABLE AGE AND
DISCRETION AT THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM
OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE LEGEND
"PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE THEREOF,
BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
(C) WHERE NOTIFICATION UNDER PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION CANNOT BE MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION TO
THE DOOR OF THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM OR
PETITIONER AND BY EITHER MAILING THE NOTIFICATION TO SUCH VICTIM OR
PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
LEGEND "PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE
THEREOF, BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM
THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
PARTY;
(D) BY TELEPHONE OR OVERNIGHT MAIL IF THE COURT DETERMINES THAT
NOTIFICATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
(E) IN SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF SERVICE
IS IMPRACTICABLE UNDER PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVI-
SION.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that effective immediately the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.