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Senate Bill S4709

2009-2010 Legislative Session

Authorizes family and supreme courts to issue orders of protection for the protection of witnesses

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S4709 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง352.3, Fam Ct Act

2009-S4709 (ACTIVE) - Summary

Authorizes family courts to issue orders of protection for the protection of witnesses.

2009-S4709 (ACTIVE) - Sponsor Memo

2009-S4709 (ACTIVE) - Bill Text download pdf 

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

                                  4709

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation  to  the  issuance  of
  orders of protection for the benefit of witnesses

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

  Section 1. Subdivision 1 of section 352.3 of the family court act,  as
amended  by  chapter  532  of  the  laws  of 2008, is amended to read as
follows:
  (1) Upon the issuance of an order pursuant to  section  315.3  or  the
entry  of an order of disposition pursuant to section 352.2, a court may
enter an order of protection  against  any  respondent  for  good  cause
shown. The order may require that the respondent: (a) stay away from the
home,  school,  business  or  place  of employment of the victims of the
alleged offense; or (b) refrain from harassing, intimidating,  threaten-
ing  or  otherwise  interfering  with  (I)  the victim or victims of the
alleged offense and such members of the  family  or  household  of  such
victim  or  victims  as shall be specifically named by the court in such
order; OR (II) SUCH DESIGNATED WITNESS AS SHALL BE SPECIFICALLY NAMED BY
THE COURT IN SUCH ORDER; PROVIDED THAT THE COURT MAKES  A  FINDING  THAT
THE  RESPONDENT  DID  PREVIOUSLY, OR IS LIKELY TO IN THE FUTURE, HARASS,
INTIMIDATE, THREATEN, OR OTHERWISE INTERFERE WITH SUCH WITNESS;  or  (c)
refrain  from  intentionally injuring or killing, without justification,
any companion animal  the  respondent  knows  to  be  owned,  possessed,
leased,  kept  or  held  by the person protected by the order or a minor
child residing in such person's household. "Companion animal",  as  used
in  this subdivision, shall have the same meaning as in subdivision five
of section three hundred fifty of the agriculture and markets law.
  S 2.  This act shall take effect immediately and shall apply to orders
of protection issued on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-01-9

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