S T A T E O F N E W Y O R K
________________________________________________________________________
613
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PEOPLES-STOKES, CASTRO, GALEF, TITUS, MAYERSOHN
-- Multi-Sponsored by -- M. of A. BOYLAND, BURLING, CALHOUN, CORWIN,
CROUCH, DESTITO, GIBSON, GLICK -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing the
"protection of victims of domestic violence act"
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 article 22-A
to read as follows:
ARTICLE 22-A
PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
SECTION 636. SHORT TITLE.
637. CONDITIONS FOR RELEASING DEFENDANTS TO PROTECTIVE CONDI-
TIONS.
S 636. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE ACT".
S 637. CONDITIONS FOR RELEASING DEFENDANTS TO PROTECTIVE CONDITIONS.
1. A JUDGE MAY RELEASE UNDER THIS SECTION A DEFENDANT SUBJECT TO CONDI-
TIONS REASONABLY NECESSARY FOR THE PROTECTION OF ONE OR MORE NAMED
PERSONS. IF A JUDGE RELEASES UNDER THIS SECTION A DEFENDANT SUBJECT TO
PROTECTIVE CONDITIONS, THE JUDGE SHALL MAKE A FINDING OF THE NEED FOR
PROTECTIVE CONDITIONS AND INFORM THE DEFENDANT ON THE RECORD, EITHER
ORALLY OR BY A WRITING THAT IS PERSONALLY DELIVERED TO THE DEFENDANT, OF
THE SPECIFIC CONDITIONS IMPOSED AND THAT IF THE DEFENDANT VIOLATES A
CONDITION OF RELEASE, HE OR SHE WILL BE SUBJECT TO ARREST WITHOUT A
WARRANT AND MAY HAVE HIS OR HER BAIL FORFEITED OR REVOKED AND NEW CONDI-
TIONS OF RELEASE IMPOSED, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE
IMPOSED IF THE DEFENDANT IS FOUND IN CONTEMPT OF COURT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01321-01-1
A. 613 2
2. AN ORDER OR AMENDED ORDER ISSUED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
(A) A STATEMENT OF THE DEFENDANT'S FULL NAME.
(B) A STATEMENT OF THE DEFENDANT'S HEIGHT, WEIGHT, RACE, SEX, DATE OF
BIRTH, HAIR COLOR, EYE COLOR, AND ANY OTHER IDENTIFYING INFORMATION THE
JUDGE CONSIDERS APPROPRIATE.
(C) A STATEMENT OF THE DATE THE CONDITIONS BECOME EFFECTIVE.
(D) A STATEMENT OF THE DATE ON WHICH THE ORDER WILL EXPIRE.
(E) A STATEMENT OF THE CONDITIONS IMPOSED.
3. AN ORDER OR AMENDED ORDER ISSUED UNDER THIS SUBDIVISION AND SUBDI-
VISION ONE OF THIS SECTION MAY IMPOSE A CONDITION THAT THE DEFENDANT NOT
PURCHASE OR POSSESS A FIREARM. HOWEVER, IF THE COURT ORDERS THE DEFEND-
ANT TO CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS A CONDITION
OF RELEASE AS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COURT
SHALL ALSO IMPOSE A CONDITION THAT THE DEFENDANT NOT PURCHASE OR POSSESS
A FIREARM.
4. THE JUDGE SHALL IMMEDIATELY DIRECT A LAW ENFORCEMENT AGENCY WITHIN
THE JURISDICTION OF THE COURT, IN WRITING, TO ENTER AN ORDER OR AMENDED
ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION OR SUBDIVISIONS ONE
AND THREE OF THIS SECTION INTO THE COMPUTER SYSTEM TO CARRY INFORMATION
OF ORDERS OF PROTECTION AND WARRANTS OF ARREST AS PROVIDED BY SECTION
TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER. IF THE ORDER OR AMENDED ORDER
IS RESCINDED, THE JUDGE SHALL IMMEDIATELY ORDER THE LAW ENFORCEMENT
AGENCY TO REMOVE THE ORDER OR AMENDED ORDER FROM THE COMPUTER SYSTEM TO
CARRY INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST.
5. A LAW ENFORCEMENT AGENCY WITHIN THE JURISDICTION OF THE COURT SHALL
IMMEDIATELY ENTER AN ORDER OR AMENDED ORDER INTO THE COMPUTER SYSTEM TO
CARRY INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST AS
PROVIDED BY SECTION TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER, OR SHALL
REMOVE THE ORDER OR AMENDED ORDER FROM THE COMPUTER SYSTEM TO CARRY
INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST UPON EXPIRA-
TION OF THE ORDER OR AS DIRECTED BY THE COURT UNDER SUBDIVISION FOUR OF
THIS SECTION.
6. IF A DEFENDANT WHO IS CHARGED WITH A CRIME INVOLVING DOMESTIC
VIOLENCE IS RELEASED UNDER THIS SECTION, THE JUDGE MAY ORDER THE DEFEND-
ANT TO CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS A CONDITION
OF RELEASE. WITH THE INFORMED CONSENT OF THE VICTIM, THE COURT MAY ALSO
ORDER THE DEFENDANT TO PROVIDE THE VICTIM OF THE CHARGED CRIME WITH AN
ELECTRONIC RECEPTOR DEVICE CAPABLE OF RECEIVING THE GLOBAL POSITIONING
SYSTEM INFORMATION FROM THE DEVICE CARRIED OR WORN BY THE DEFENDANT THAT
NOTIFIES THE VICTIM IF THE DEFENDANT IS LOCATED WITHIN A PROXIMITY TO
THE VICTIM AS DETERMINED BY THE JUDGE IN CONSULTATION WITH THE VICTIM.
THE VICTIM SHALL ALSO BE FURNISHED WITH A TELEPHONE CONTACT WITH THE
LOCAL LAW ENFORCEMENT AGENCY TO REQUEST IMMEDIATE ASSISTANCE IF THE
DEFENDANT IS LOCATED WITHIN THAT PROXIMITY TO THE VICTIM. IN ADDITION,
THE VICTIM MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR
SHE WOULD LIKE THE DEFENDANT EXCLUDED. THE COURT SHALL CONSIDER THE
VICTIM'S REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE
PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITION-
ING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF THE DEFENDANT VIOLATES
THE ORDER. IN DETERMINING WHETHER TO ORDER A DEFENDANT TO PARTICIPATE IN
GLOBAL POSITIONING SYSTEM MONITORING, THE COURT SHALL CONSIDER THE LIKE-
LIHOOD THAT THE DEFENDANT'S PARTICIPATION IN GLOBAL POSITIONING SYSTEM
MONITORING WILL DETER THE DEFENDANT FROM SEEKING TO KILL, PHYSICALLY
INJURE, STALK, OR OTHERWISE THREATEN THE VICTIM PRIOR TO TRIAL. THE
VICTIM MAY REQUEST THE COURT TO TERMINATE THE VICTIM'S PARTICIPATION IN
A. 613 3
GLOBAL POSITIONING SYSTEM MONITORING OF THE DEFENDANT AT ANY TIME. THE
COURT SHALL NOT IMPOSE SANCTIONS ON THE VICTIM FOR REFUSING TO PARTIC-
IPATE IN GLOBAL POSITIONING SYSTEM MONITORING UNDER THIS SECTION. A
DEFENDANT DESCRIBED IN THIS SECTION SHALL ONLY BE RELEASED UNDER THIS
SECTION IF HE OR SHE AGREES TO PAY THE COST OF THE DEVICE AND ANY MONI-
TORING OF THE DEVICE AS A CONDITION OF RELEASE OR TO PERFORM COMMUNITY
SERVICE WORK IN LIEU OF PAYING THAT COST. AS USED IN THIS SECTION:
(A) "DOMESTIC VIOLENCE" MEANS AN ACT WHICH WOULD CONSTITUTE A FAMILY
OFFENSE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF
THE FAMILY COURT ACT.
(B) "GLOBAL POSITIONING SYSTEM" MEANS A SYSTEM THAT ELECTRONICALLY
DETERMINES AND REPORTS THE LOCATION OF AN INDIVIDUAL BY MEANS OF AN
ANKLE BRACELET TRANSMITTER OR SIMILAR DEVICE WORN BY THE INDIVIDUAL THAT
TRANSMITS LATITUDE AND LONGITUDE DATA TO MONITORING AUTHORITIES THROUGH
GLOBAL POSITIONING SATELLITE TECHNOLOGY BUT DOES NOT CONTAIN OR OPERATE
ANY GLOBAL POSITIONING SYSTEM TECHNOLOGY OR RADIO FREQUENCY IDENTIFICA-
TION TECHNOLOGY OR SIMILAR TECHNOLOGY THAT IS IMPLANTED IN OR OTHERWISE
INVADES OR VIOLATES THE CORPOREAL BODY OF THE INDIVIDUAL.
(C) "INFORMED CONSENT" MEANS THAT THE VICTIM WAS GIVEN INFORMATION
CONCERNING ALL OF THE FOLLOWING BEFORE CONSENTING TO PARTICIPATE IN
GLOBAL POSITIONING SYSTEM MONITORING:
(1) THE VICTIM'S RIGHT TO REFUSE TO PARTICIPATE IN GLOBAL POSITIONING
SYSTEM MONITORING AND THE PROCESS FOR REQUESTING THE COURT TO TERMINATE
THE VICTIM'S PARTICIPATION AFTER IT HAS BEEN ORDERED.
(2) THE MANNER IN WHICH THE GLOBAL POSITIONING SYSTEM MONITORING TECH-
NOLOGY FUNCTIONS AND THE RISKS AND LIMITATIONS OF THAT TECHNOLOGY, AND
THE EXTENT TO WHICH THE SYSTEM WILL TRACK AND RECORD THE VICTIM'S
LOCATION AND MOVEMENTS.
(3) THE BOUNDARIES IMPOSED ON THE DEFENDANT DURING THE GLOBAL POSI-
TIONING SYSTEM MONITORING.
(4) SANCTIONS THAT THE COURT MAY IMPOSE ON THE DEFENDANT FOR VIOLATING
AN ORDER ISSUED UNDER THIS SUBDIVISION.
(5) THE PROCEDURE THAT THE VICTIM IS TO FOLLOW IF THE DEFENDANT
VIOLATES AN ORDER ISSUED UNDER THIS SUBDIVISION OR IF GLOBAL POSITIONING
SYSTEM EQUIPMENT FAILS.
(6) IDENTIFICATION OF SUPPORT SERVICES AVAILABLE TO ASSIST THE VICTIM
TO DEVELOP A SAFETY PLAN TO USE IF THE COURT'S ORDER ISSUED UNDER THIS
SUBDIVISION IS VIOLATED OR IF GLOBAL POSITIONING SYSTEM EQUIPMENT FAILS.
(7) IDENTIFICATION OF COMMUNITY SERVICES AVAILABLE TO ASSIST THE
VICTIM IN OBTAINING SHELTER, COUNSELING, EDUCATION, CHILD CARE, LEGAL
REPRESENTATION, AND OTHER HELP IN ADDRESSING THE CONSEQUENCES AND
EFFECTS OF DOMESTIC VIOLENCE.
(8) THE NONCONFIDENTIAL NATURE OF THE VICTIM'S COMMUNICATIONS WITH THE
COURT CONCERNING GLOBAL POSITIONING SYSTEM MONITORING AND THE
RESTRICTIONS TO BE IMPOSED UPON THE DEFENDANT'S MOVEMENTS.
7. THIS SECTION DOES NOT LIMIT THE AUTHORITY OF JUDGES TO IMPOSE
PROTECTIVE OR OTHER RELEASE CONDITIONS UNDER OTHER APPLICABLE STATUTES
OR COURT RULES.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.