NY State Assembly Bill 2009-A7873

Assembly Bill A7873

2009-2010 Legislative Session

Provides the expiration of orders of protection calculated from the date jail sentence has expired; extends orders of protection to lifetime where party is a repeat offender

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Apr 28, 2009	referred to judiciary

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2009-A7873 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Executive Law
Laws Affected:: Amd §221-a, add §221-e, Exec L; amd §§240 & 252, Dom Rel L; amd §2612, Ins L; amd §§530.12 & 530.13, CP L; amd §§154-c, 352.3, 446, 551, 656, 759, 842, 1056 & 1089, Fam Ct Act

2009-A7873 (ACTIVE) - Summary

Provides the expiration of orders of protection calculated from the date jail sentence has expired; extends orders of protection to lifetime where party is a repeat offender; authorizes computer registry of violations of orders of protection.

2009-A7873 (ACTIVE) - Bill Text download pdf

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

                                  7873

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  executive  law, the domestic relations law, the
  insurance law, the criminal procedure law, and the family  court  act,
  in  relation to extending orders of protection to last for the life of
  the party against whom the order is issued where the party is a repeat
  offender, provides that the expiration of the order of  protection  is
  calculated  from  the  date that the party's jail sentence expires and
  authorizes the creation of a computer registry of violations of orders
  of protection

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

  Section  1.  Subdivision  3  of section 221-a of the executive law, as
amended by chapter 107 of the laws  of  2004,  is  amended  to  read  as
follows:
  3.  Whenever  any court issues an order of protection or special order
of conditions, the sheriff's  office  or  appropriate  municipal  police
department in the county in which the complainant or petitioner resides,
or  if  he  or  she resides within a city, the police department of such
city, which receives a copy of the order of protection or special  order
of  conditions from the clerk of the court or otherwise pursuant to law,
shall promptly transmit such information on the order of  protection  or
special  order of conditions as required by rule and regulation over the
law enforcement communication system, including but not limited to:  the
names  of  the  parties to the proceeding giving rise to such order, the
date such order becomes effective, the date such  order  was  served  or
whether  the  defendant or respondent had actual knowledge of such order
because he or she was present in court when such order was issued,  [the
date  such  order  is  to  expire,] and the terms and conditions of such
order. When any peace officer, acting pursuant to  his  or  her  special
duties,  or  police  officer  receives a warrant issued by family court,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11154-01-9

A. 7873                             2

supreme court  or  by  a  criminal  court  pertaining  to  an  order  of
protection  or  special order of conditions, as described in subdivision
one of this section, the officer shall cause specific information on the
warrant  as  required  by  rule and regulation to be promptly dispatched
over the law enforcement communication  system.  For  purposes  of  this
subdivision,  municipal  shall have the same meaning as municipality, as
defined in subdivision six of section eight hundred thirty-five of  this
chapter.  Notwithstanding  the  provisions  of article fifty-four of the
civil practice law and rules, a person entitled to protection  under  an
order  of  protection  issued  by  a  court of competent jurisdiction in
another state, territorial or tribal jurisdiction, may file  such  order
without  fee with the clerk of a court in this state having jurisdiction
over family, criminal or matrimonial proceedings; such  order  shall  be
accompanied  by  a sworn affidavit that upon information and belief such
order is in effect as written and has not been vacated or modified. Upon
such filing, information regarding such order shall  be  transmitted  to
the  statewide  computerized  registry  in accordance with this section,
provided, however, that such filing and  registry  entry  shall  not  be
required for enforcement of such order.
  S  2. The opening paragraph of paragraph a of subdivision 3 of section
240 of the domestic relations law, as amended by chapter 597 of the laws
of 1998, is amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion of any  other  order  made  under  this  section.    The  order  of
protection  may  set  forth  reasonable  conditions  of  behavior  to be
observed [for a specified time] by any party.  SUCH ORDER  SHALL  REMAIN
VALID  AND ENFORCEABLE AGAINST ANY PARTY FOR THE REMAINDER OF HIS OR HER
LIFE OR UNTIL LIFTED BY A COURT  OF  COMPETENT  JURISDICTION,  WHICHEVER
OCCURS FIRST. Such an order may require any party:
  S  3.  Subdivision  3 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended to read as follows:
  3. An order of protection entered pursuant to this subdivision may  be
made  in the final judgment in any matrimonial action, or by one or more
orders from time to time before or subsequent to final judgment,  or  by
both  such  order  or  orders  and  the  final  judgment.  [The order of
protection may remain in effect after entry of a final matrimonial judg-
ment and during the minority of any child whose custody or visitation is
the subject of a provision of a final judgment or any order.] SUCH ORDER
SHALL REMAIN VALID AND ENFORCEABLE AGAINST ANY PARTY FOR  THE  REMAINDER
OF HIS OR HER LIFE OR UNTIL LIFTED BY A COURT OF COMPETENT JURISDICTION,
WHICHEVER  OCCURS  FIRST. An order of protection may be entered notwith-
standing that the court for any reason whatsoever, other  than  lack  of
jurisdiction,  refuses  to  grant  the relief requested in the action or
proceeding.
  S 4. Subsections (f) and (g) of section 2612  of  the  insurance  law,
subsection  (f)  as  amended  by  chapter  246  of  the laws of 2005 and
subsection (g) as added by chapter 361 of the laws of 2006, are  amended
to read as follows:
  (f)  If  any  person  covered by an insurance policy issued to another
person as the policyholder delivers to the insurer that issued the poli-
cy, at its home office, a valid order of protection against the  policy-
holder,  issued  by a court of competent jurisdiction in this state, the
insurer shall be  prohibited  [for  the  duration  of  the  order]  from
disclosing  to  the policyholder the address and telephone number of the
insured, or of any person or entity providing covered  services  to  the
insured. If a child is the covered person, the right established by this

A. 7873                             3

subsection  may  be asserted by, and shall also extend to, the parent or
guardian of the child. The  superintendent,  in  consultation  with  the
commissioner  of  health  and the office of children and family services
and the office for the prevention of domestic violence, shall promulgate
rules  to  guide  and enable insurers to guard against the disclosure of
the address and location of an insured  who  is  a  victim  of  domestic
violence.
  (g)  If any person covered by a group insurance policy delivers to the
insurer that issued the policy, at its home office,  a  valid  order  of
protection against another person covered by the group policy, issued by
a  court  of  competent jurisdiction in this state, the insurer shall be
prohibited [for the duration of the order] from disclosing to the person
against whom the valid order of protection was issued  the  address  and
telephone  number  of  the  insured  person  covered  by  the  order  of
protection, or of any person or entity providing covered services to the
insured person covered by the order of protection. If  a  child  is  the
covered person, the right established by this subsection may be asserted
by,  and  shall also extend to, the parent or guardian of the child. The
superintendent, in consultation with the  commissioner  of  health,  the
office of children and family services and the office for the prevention
of  domestic violence, shall promulgate rules to guide and enable insur-
ers to guard against the disclosure of the address and  location  of  an
insured who is a victim of domestic violence.
  S  5.  The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 215 of the laws  of  2006,
is amended to read as follows:
  Upon  conviction of any crime or violation between spouses, parent and
child, or between members of the same family or household, the court may
in addition to any other disposition, including a conditional  discharge
or youthful offender adjudication, enter an order of protection. Where a
temporary  order  of protection was issued, the court shall state on the
record the reasons for issuing or not issuing an  order  of  protection.
The  duration  of  such an order shall be fixed by the court and, in the
case of a felony conviction, shall not exceed [the greater of: (i) eight
years from the date of such conviction, or (ii)] eight  years  from  the
date  of  the  expiration of the maximum term of an indeterminate or the
term of a determinate sentence of imprisonment actually imposed;  or  in
the  case  of  a  conviction for a class A misdemeanor, shall not exceed
five years from the date of such conviction, PROVIDED, HOWEVER  THAT  IF
JAIL-TIME IS IMPOSED, FIVE YEARS FROM THE DATE OF THE EXPIRATION OF SUCH
JAIL  SENTENCE;  or  in  the case of a conviction for any other offense,
shall not exceed two years from the date of conviction, PROVIDED, HOWEV-
ER THAT IF JAIL-TIME IS IMPOSED, TWO YEARS FROM THE DATE OF THE  EXPIRA-
TION  OF  SUCH  JAIL  SENTENCE.   THE COURT MAY DECIDE THAT THE ORDER OF
PROTECTION SHALL REMAIN VALID AND ENFORCEABLE AGAINST ANY PARTY FOR  THE
REMAINDER  OF  HIS  OR  HER  LIFE  IF IT HAS BEEN FOUND SUCH PERSON IS A
REPEAT OFFENDER. For purposes of [determining the duration of  an  order
of  protection entered pursuant to] this subdivision, a conviction shall
be deemed to include a conviction that has been replaced by  a  youthful
offender  adjudication.  In  addition  to  any other conditions, such an
order may require the defendant:
  S 6. The closing paragraph of subdivision 6 of section 530.12  of  the
criminal  procedure law, as added by chapter 222 of the laws of 1994, is
amended to read as follows:

A. 7873                             4

  Such order of protection shall plainly state the date that such  order
expires  OR  IF  IT  IS  VALID AND ENFORCEABLE FOR THE REMAINDER OF SUCH
PERSON'S LIFE.
  S  7.  The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by chapter 215 of the laws  of  2006,
is amended to read as follows:
  Upon  conviction  of  any  offense,  where the court has not issued an
order of protection pursuant to section  530.12  of  this  article,  the
court may, in addition to any other disposition, including a conditional
discharge   or   youthful  offender  adjudication,  enter  an  order  of
protection. Where a temporary order of protection was issued, the  court
shall  state  on  the  record  the reasons for issuing or not issuing an
order of protection. The duration of such an order shall be fixed by the
court and, in the case of a felony conviction,  shall  not  exceed  [the
greater  of:  (i) eight years from the date of such conviction, or (ii)]
eight years from the date of the expiration of the maximum  term  of  an
indeterminate  or  the  term  of  a determinate sentence of imprisonment
actually imposed; or in the case of a conviction for a class A misdemea-
nor, shall not exceed five years  from  the  date  of  such  conviction,
PROVIDED, HOWEVER THAT IF JAIL-TIME IS IMPOSED, FIVE YEARS FROM THE DATE
OF  THE EXPIRATION OF SUCH JAIL TERM; or in the case of a conviction for
any other  offense,  shall  not  exceed  two  years  from  the  date  of
conviction,  PROVIDED,  HOWEVER THAT IF JAIL-TIME IS IMPOSED, FIVE YEARS
FROM THE DATE OF  THE  EXPIRATION  OF  SUCH  JAIL  TERM.  THE  ORDER  OF
PROTECTION  SHALL REMAIN VALID AND ENFORCEABLE AGAINST ANY PARTY FOR THE
REMAINDER OF HIS OR HER LIFE IF IT HAS  BEEN  FOUND  SUCH  PERSON  IS  A
REPEAT  OFFENDER.  For purposes of [determining the duration of an order
of protection entered pursuant to] this subdivision, a conviction  shall
be  deemed  to include a conviction that has been replaced by a youthful
offender adjudication. In addition to any other conditions such an order
may require that the defendant:
  S 8. 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 OR IF IT IS
VALID AND ENFORCEABLE FOR THE REMAINDER OF SUCH PERSON'S LIFE. 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. A copy of such order of  protection  or  temporary  order  of
protection may 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 residence, 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

A. 7873                             5

jurisdiction. Any subsequent amendment or revocation of such order shall
be filed in the same manner as herein provided.
  S  9. Subdivision 1 of section 154-c of the family court act, as added
by chapter 186 of the laws of 1997, is amended to read as follows:
  1. Expiration dates. Any [order of protection or] temporary  order  of
protection  issued  under  articles four, five[,] AND six [and eight] of
this act shall plainly state the date that such order expires OR  IF  IT
IS VALID AND ENFORCEABLE FOR THE REMAINDER OF SUCH PERSON'S LIFE.
  S 10. Subdivision 2 of section 352.3 of the family court act, as added
by chapter 683 of the laws of 1984, is amended to read as follows:
  (2) An order of protection shall remain in effect for the period spec-
ified  by  the  court,  OR  IN THE ALTERNATIVE AGAINST ANY PARTY FOR THE
REMAINDER OF HIS OR HER LIFE, but shall not exceed the  period  of  time
specified  in  any order of disposition or order adjourning a proceeding
in contemplation of dismissal.
  S 11. The opening paragraph and the second undesignated  paragraph  of
section 446 of the family court act, the opening paragraph as amended by
chapter 706 of the laws of 1988 and the second undesignated paragraph as
amended  by  chapter  948  of  the  laws of 1984, are amended to read as
follows:
  The court may make an order of protection in assistance or as a condi-
tion of any other order made under this part.  The order  of  protection
may  set  forth  reasonable  conditions of behavior to be observed for a
specified time by the petitioner  or  respondent  or  both  OR  FOR  THE
REMAINDER  OF  SUCH  PERSON'S  LIFE  IF  IT HAS BEEN FOUND A PERSON IS A
REPEAT OFFENDER.  No order of protection may direct any party to observe
conditions  of  behavior  unless  the  party  requesting  the  order  of
protection  has  served and filed a petition or counter-claim in accord-
ance with section one hundred fifty-four-b of this act.  Such  an  order
may require the petitioner or the respondent:
The  court  may also award custody of the child[, during the term of the
order of protection] to either parent, or  to  an  appropriate  relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to  an  institution
or  agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of  the
child his religious faith shall be preserved and protected.
  S 12. The opening paragraph of section 551 of the family court act, as
amended  by  chapter  706  of  the  laws  of 1988, is amended to read as
follows:
  The court may make an order of protection in assistance or as a condi-
tion of any  other  order  made  under  this  article.    The  order  of
protection  may  set  forth  reasonable  conditions  of  behavior  to be
observed for a specified time by the petitioner or respondent or both OR
FOR THE REMAINDER OF SUCH PERSON'S LIFE IF IT HAS BEEN FOUND A PERSON IS
A REPEAT OFFENDER.   No order of protection  may  direct  any  party  to
observe  conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim  in  accord-
ance  with  section  one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
  S 13. The second undesignated paragraph of section 551 of  the  family
court  act, as amended by chapter 948 of the laws of 1984, is amended to
read as follows:
  The court may also award custody of the child[, during the term of the
order of protection] to either parent, or  to  an  appropriate  relative
within  the second degree. Nothing in this section gives the court power

A. 7873                             6

to place or board out any child or to commit a child to  an  institution
or  agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of  the
child his religious faith shall be preserved and protected.
  S 14. The opening paragraph of section 656 of the family court act, as
amended  by  chapter  706  of  the  laws  of 1988, is amended to read as
follows:
  The court may make an order of protection and an order of probation in
assistance or as a condition of any other order made  under  this  part.
The  order of protection may set forth reasonable conditions of behavior
to be observed for a specific time by any petitioner or  any  respondent
OR FOR THE REMAINDER OF SUCH PERSON'S LIFE IF IT HAS BEEN FOUND A PERSON
IS  A  REPEAT OFFENDER, and shall specify if an order of probation is in
effect.  No order of protection may direct any party to  observe  condi-
tions  of  behavior  unless the party requesting the order of protection
has served and filed a petition  or  counter-claim  in  accordance  with
section  one hundred fifty-four-b of this act. Such an order may require
the petitioner or the respondent:
  S 15. The opening paragraph of section 759 of the family court act, as
amended by chapter 948 of the laws  of  1984,  is  amended  to  read  as
follows:
  The court may make an order of protection in assistance or as a condi-
tion of any order issued under this article. The order of protection may
set forth reasonable conditions of behavior to be observed [for a speci-
fied  time] by a person who is before the court and is a parent or other
person legally responsible for the child's care or  the  spouse  of  the
parent  or  other  person  legally  responsible for the child's care, or
respondent or both.  Such an order may require any such person:
  S 16. The second undesignated paragraph of section 759 of  the  family
court  act, as amended by chapter 948 of the laws of 1984, is amended to
read as follows:
  The court may also award custody of the child[, during the term of the
order of protection] to either parent, or  to  an  appropriate  relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child to an institution or agency.  In  making
orders  of  protection,  the court shall so act as to insure that in the
care, protection, discipline and guardianship of the child his religious
faith shall be preserved and protected.
  S 17. The opening paragraph of section 842 of the family court act, as
amended by chapter 579 of the laws  of  2003,  is  amended  to  read  as
follows:
  An  order  of protection under section eight hundred forty-one of this
part shall set forth reasonable conditions of behavior  to  be  observed
[for  a period not in excess of two years] by the petitioner or respond-
ent [or for a period not in excess of five years] upon (i) a finding  by
the court on the record of the existence of aggravating circumstances as
defined  in  paragraph (vii) of subdivision (a) of section eight hundred
twenty-seven of this article; or (ii) a finding  by  the  court  on  the
record  that  the  conduct  alleged in the petition is in violation of a
valid order of protection.  Any  finding  of  aggravating  circumstances
pursuant  to  this  section  shall  be stated on the record and upon the
order of protection. Any order of protection  issued  pursuant  to  this
section  shall specify if an order of probation is in effect. SUCH ORDER
SHALL REMAIN VALID AND ENFORCEABLE AGAINST ANY PARTY FOR THE  PERIOD  OF
TIME  DETERMINED BY THE COURT OR THE REMAINDER OF HIS OR HER LIFE IF THE

A. 7873                             7

PERSON IS FOUND TO BE A REPEAT OFFENDER. Any order of protection  issued
pursuant to this section may require the petitioner or the respondent:
  S  18.  The  first undesignated paragraph of section 842 of the family
court act, as amended by chapter 222 of the laws of 1994, is amended  to
read as follows:
  The court may also award custody of the child[, during the term of the
order  of  protection]  to  either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court  power
to  place  or board out any child or to commit a child to an institution
or agency. The court may also upon the showing of special  circumstances
extend the order of protection for a reasonable period of time.
  S  19. The opening paragraph of subdivision 1, subdivisions 2 and 4 of
section 1056 of the family court act, the opening paragraph of  subdivi-
sion  1 as amended and subdivision 4 as added by chapter 622 of the laws
of 1990 and subdivision 2 as amended by chapter 220 of the laws of 1989,
are amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion of any other order made under this part. Such order  of  protection
shall  remain  in  effect concurrently with[, shall expire no later than
the expiration date of, and may be  extended  concurrently  with,]  such
other order made under this part, except as provided in subdivision four
of this section. The order of protection may set forth reasonable condi-
tions  of behavior to be observed [for a specified time] by a person who
is before the court and is a parent or a person legally responsible  for
the  child's  care  or  the spouse of the parent or other person legally
responsible for the child's care, or both. SUCH ORDER SHALL REMAIN VALID
AND ENFORCEABLE AGAINST ANY PARTY FOR THE PERIOD OF TIME  DETERMINED  BY
THE  COURT OR THE REMAINDER OF HIS OR HER LIFE IF THE PERSON IS FOUND TO
BE A REPEAT OFFENDER. Such an order may require any such person
  2. The court may also award custody of the child[, during the term  of
the order of protection] to either parent, or to an appropriate relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to  an  institution
or  agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of  the
child his religious faith shall be preserved and protected.
  4.  The  court  may  enter an order of protection independently of any
other order made under this part, against a person who was a  member  of
the  child's  household  or  a  person legally responsible as defined in
section one thousand twelve of this chapter, and  who  is  no  longer  a
member  of  such household at the time of the disposition and who is not
related by blood or marriage to the child or a  member  of  the  child's
household.  [An order of protection entered pursuant to this subdivision
may be for any period of time up to the child's eighteenth birthday  and
upon  such conditions as the court deems necessary and proper to protect
the health and safety of the child and the child's caretaker.]
  S 20. Clause (D) of subparagraph (viii) of paragraph 2 of  subdivision
(d)  of  section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  (D) The court may make an order of protection in the manner  specified
by  section  one  thousand  fifty-six  of this act in assistance or as a
condition of any other order made  under  this  section.  The  order  of
protection  may  set  forth  reasonable  conditions  of  behavior  to be
observed [for a specified period of time] by a person before the  court.
SUCH  ORDER SHALL REMAIN VALID AND ENFORCEABLE AGAINST ANY PARTY FOR THE

A. 7873                             8

PERIOD OF TIME DETERMINED BY THE COURT OR THE REMAINDER OF  HIS  OR  HER
LIFE IF THE PERSON IS FOUND TO BE A REPEAT OFFENDER.
  S  21.  The  executive law is amended by adding a new section 221-e to
read as follows:
  S 221-E. COMPUTER REGISTRY OF VIOLATIONS OF ORDERS OF  PROTECTION.  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 INDIVIDUALS WHO HAVE VIOLATED THE
PROVISIONS  OF  AN ORDER OF PROTECTION ISSUED PURSUANT TO ARTICLES FOUR,
FIVE, SIX AND EIGHT OF THE FAMILY COURT ACT, SECTIONS 530.12 AND  530.13
OF  THE  CRIMINAL  PROCEDURE  LAW AND SECTIONS TWO HUNDRED FORTY AND TWO
HUNDRED  FIFTY-TWO  OF  THE  DOMESTIC  RELATIONS  LAW,  AND  ORDERS   OF
PROTECTION  ISSUED BY COURTS OF COMPETENT JURISDICTION IN ANOTHER STATE,
TERRITORIAL OR TRIBAL JURISDICTION.
  2. INFORMATION ON THE REGISTRATION AUTHORIZED PURSUANT TO  SUBDIVISION
ONE OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A. NAME;
  B. ALL ALIASES USED;
  C. DATE OF BIRTH;
  D. SEX;
  E. RACE;
  F. HEIGHT;
  G. WEIGHT;
  H. EYE COLOR;
  I. DRIVER'S LICENSE NUMBER;
  J. HOME ADDRESS;
  K. A DESCRIPTION OF THE OFFENSES FOR WHICH THE ORDER OF PROTECTION WAS
ISSUED AND THE VIOLATIONS RELATED THERETO; AND
  L. ANY OTHER INFORMATION DEEMED PERTINENT BY THE SUPERINTENDENT.
  S  22.  This  act shall take effect on the sixtieth day after it shall
have become a law and shall  apply  to  all  criminal  actions  whenever
commenced  provided  sentence therein has not been imposed prior to such
effective date; provided, however, that the amendments  to  the  opening
paragraph  of  subdivision 5 of section 530.12 and the opening paragraph
of subdivision 4 of section 530.13 of the criminal procedure law made by
sections five and seven of this act shall not affect the  expiration  of
such  paragraphs  and  shall  be  deemed  to expire therewith; provided,
further, that effective immediately the superintendent of  state  police
is  authorized  to promulgate any and all rules and regulations and take
any other measures necessary to  implement  the  provisions  of  section
twenty-one of this act on or before such effective date.

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Assembly Bill A7873

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