Senate Bill S3970

                                BILL NUMBER:S3970

TITLE OF BILL:
An act
to amend the executive law, in relation to victims of domestic
violence

PURPOSE:
Authorizes a victim of domestic violence to apply to remove the
violent felony offender from deed of co-owned real property.

SUMMARY OF PROVISIONS:
Section 1. The executive law is amended by adding a new section 577 to
read as follows:

§ 577. Violent felon removed from deed with victim. 1. For the
purposes of this section, the following terms shall have the
following meanings:

(a) "violent felony offense" shall have the same meaning set forth in
subdivision one of section 70.2 of the penal law;
(b) "victim of domestic violence" shall mean any person who is a
victim of an act which would constitute a violent felony offense; and
(i) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional
harm to such person or such person's child; and (ii) such act or acts
              

are or are alleged to have been committed by a family or household
member.

2. Any victim of domestic violence who holds title to real property
with the person who was convicted of the violent felony offense which
constituted the domestic violence against such victim may apply to
the county clerk in the county in which such real property is located
to remove the name of such violent felony offender from the deed of
such real property. Application shall be made in a manner and form to
be determined by such county clerk.

EXISTING LAW:
S.7639  2010 Codes
A.11047 2010 Governmental Operations

JUSTIFICATION:
As the law now sits If your offender is found guilty of and convicted
of a felony crime against you or another family member who resides
with you but co-owns property with the victim, they(the Offender)
still have the ability to disallow the victim the ability to sell,
refinance, or
lease without their permission and can withhold that permission
keeping their victim hostage mentally and sometimes financially.

We must make every effort to assist survivors of these violent crimes
from continuing to be victimized even after their offenders have been
tried, and convicted.

FISCAL IMPLICATIONS:
None to State.


LOCAL FISCAL IMPLICATIONS:
Nominal administrative fees for change.

EFFECTIVE DATE:
This act shall take effect immediately.