NY State Senate Bill 2009-S4049

Senate Bill S4049

2009-2010 Legislative Session

Relates to court clerks providing information to victims regarding orders of protection against the individual who committed the crime once they are released

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	advanced to third reading
Apr 13, 2010	2nd report cal.
Apr 12, 2010	1st report cal.347
Jan 06, 2010	referred to crime victims, crime and correction
Jul 16, 2009	committed to rules
May 20, 2009	advanced to third reading
May 19, 2009	2nd report cal.
May 18, 2009	1st report cal.346
Apr 08, 2009	referred to crime victims, crime and correction

Votes

- Apr 12, 2010 - Crime Victims, Crime And Correction Committee Vote
  S4049
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 12, 2010
      
      aye (14)
      
      Aubertine
      
      Duane
      
      Foley
      
      Golden
      
      Hassell-Thompson
      
      Kruger
      
      Little
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner

2009-S4049 (ACTIVE) - Details

See Assembly Version of this Bill:: A6809
Law Section:: Executive Law
Laws Affected:: Add §645-a, amd §646-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3364, A4249
2013-2014: S2267, A6288

2009-S4049 (ACTIVE) - Summary

Relates to court clerks providing information to victims regarding orders of protection against the individual who committed the crime once they are released.

2009-S4049 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4049

 TITLE OF BILL :
An act to amend the executive law, in relation to the fair treatment
standards for crime victims


 SUMMARY OF SPECIFIC PROVISIONS :
The executive law is amended by adding a new section 645-a;
subdivision 2 of section 646-a is amended by adding a new paragraph
(h).

 JUSTIFICATION :
Access to information is a vital concern for crime victims. After
having been the victims of domestic violence, many women are further
victimized by their abusers because they are unaware that their abuser
has been released from prison. This sometimes even leads to murder.
Pat Byron of Louisville Kentucky started the Mary Byron Foundation
after her daughter was murdered in 1993 because Mary didn't know that
her former boyfriend was released from jail. The foundation is now
dedicated to promoting local innovations that demonstrate promise in
breaking the cycle of violence.

Thirty states have now adopted automated victim notification systems,
including New York.  However, unlike Kentucky, Missouri, Washington,
Oklahoma and Delaware, New York has not yet taken the next step and

extended these automated notifications to include protective orders.
Thousands of victims are killed or re-victimized each year immediately
after an order of protection is served. By including protective
orders, victims are notified when they are in the greatest danger and
criminal justice agencies are given new tools to assist them during
this vulnerable time.

In this system, petitioners would have the option of registering for
automatic updates using a confidential PIN and their own phone
numbers. By simply calling a toll-free number, victims could get
confirmation that a protection order has been served and receive
information regarding upcoming court hearings.

Congress has approved millions of dollars to help states expand their
victim notification systems, and the Bureau of Justice Assistance
within the US Department of Justice has made these grants available to
states. By passing this legislation, NY would become eligible for this
funding.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The ninetieth day after it shall have become a law.

2009-S4049 (ACTIVE) - Bill Text download pdf

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

                                  4049

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the executive law, in relation to the fair treatment
  standards for crime victims

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

  Section  1. The executive law is amended by adding a new section 645-a
to read as follows:
  S 645-A. INFORMATION RELATIVE TO ORDERS  OF  PROTECTION.  EVERY  COURT
CLERK  SHALL  BE  RESPONSIBLE  FOR  PROVIDING INFORMATION TO INDIVIDUALS
PETITIONING FOR EX PARTE ORDERS OF PROTECTION REGARDING NOTIFICATION  OF
SERVICE  OF  THESE  ORDERS OF PROTECTION. SUCH NOTIFICATION TO THE PETI-
TIONER IS REQUIRED IF THE PETITIONER HAS REGISTERED A  TELEPHONE  NUMBER
WITH  THE STATE'S VICTIM NOTIFICATION SYSTEM, ESTABLISHED UNDER SUBDIVI-
SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAPTER. THE  PETI-
TIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICATION OF
SERVICE  OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE RESPONDENT
BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW  TO  RECEIVE
NOTIFICATION  OF  SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO
COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERNMENT  AGENCY
RESPONSIBLE  FOR  SERVING  EX  PARTE  ORDERS OF PROTECTION OR SUMMONS TO
COURT SHALL RECORD THE SERVICE OF THESE ORDERS OF PROTECTION INTO A  LAW
ENFORCEMENT  DATABASE,  OR  SIMILAR ELECTRONIC RECORD KEEPING SYSTEM, AT
THE TIME WHEN SERVICE OCCURS. THE PROVISION OF THIS SECTION  SHALL  ONLY
APPLY  TO THOSE COURT CLERKS ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICA-
TION SYSTEM DESIGNED TO PROVIDE NOTIFICATION OF  SERVICE  OF  ORDERS  OF
PROTECTION.
  S 2. Subdivision 2 of section 646-a of the executive law is amended by
adding a new paragraph (h) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05980-01-9

S. 4049                             2

  (H)  THE  RIGHTS  OF  CRIME  VICTIMS  TO  BE PROVIDED WITH INFORMATION
REGARDING SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS  TO  COURT
AS PROVIDED BY SECTION SIX HUNDRED FORTY-FIVE-A OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. 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.

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