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Senate Bill S5421

Signed By Governor

2009-2010 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status Via A1870 - Signed by Governor

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2009-S5421 (ACTIVE) - Details

See Assembly Version of this Bill:
A1870
Law Section:
Family Court Act
Laws Affected:
Amd §352.3, Fam Ct Act

2009-S5421 (ACTIVE) - Summary

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

2009-S5421 (ACTIVE) - Sponsor Memo

2009-S5421 (ACTIVE) - Bill Text download pdf 

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

                                  5421

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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. Section 352.3 of the family court act is amended by  adding
a new subdivision 1-a to read as follows:
  (1-A)  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,
FOR GOOD CAUSE SHOWN, ENTER AN ORDER OF PROTECTION AGAINST ANY  RESPOND-
ENT  REQUIRING  THAT  THE  RESPONDENT  REFRAIN FROM ENGAGING IN CONDUCT,
AGAINST ANY DESIGNATED WITNESS SPECIFICALLY NAMED BY THE COURT  IN  SUCH
ORDER,  THAT  WOULD  CONSTITUTE  INTIMIDATION  OF  A WITNESS PURSUANT TO
SECTION 215.15, 215.16 OR 215.17 OF THE PENAL LAW OR AN ATTEMPT THEREOF,
PROVIDED THAT THE COURT MAKES A FINDING THAT THE RESPONDENT  DID  PREVI-
OUSLY,  OR  IS  LIKELY TO IN THE FUTURE, INTIMIDATE OR ATTEMPT TO INTIM-
IDATE SUCH WITNESS IN SUCH MANNER.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-03-9

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