senate Bill S733

2009-2010 Legislative Session

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 14, 2009 referred to codes

S733 - Details

See Assembly Version of this Bill:
A10663
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.13-A, CP L; add §153-d, Fam Ct Act

S733 - Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

S733 - Sponsor Memo

S733 - Bill Text download pdf

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

                                   733

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to notification of service of ex parte orders of protection

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 530.13-A to read as follows:
S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
  1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS, WHO ARE GRANTED AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION, OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER  OF  PROTECTION
IS SERVED.
  2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY POLICE OFFICER, PEACE OFFICER OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE, UPON  A  PERSON  AGAINST
WHOM  A  COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH MADE SUCH
ORDER SHALL NOTIFY THE COMPLAINANT, IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05699-01-9

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