senate Bill S976

2011-2012 Legislative Session

Authorizes a court to direct filing of non-family offense order of protection with the computerized registry for such orders and warrants

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S976 - Bill Details

See Assembly Version of this Bill:
A3517
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.13, CP L; amd §221-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S5372, A2602

S976 - Bill Texts

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Authorizes a court issuing a non-family offense temporary order of protection or an order of protection to direct that such order be filed with the computerized registry for orders of protection and warrants, if it is necessary to fulfill the purposes of such order; directs the superintendent of state police to include such orders on computerized registry.

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BILL NUMBER:S976 REVISED 01/10/2011

TITLE OF BILL:
An act
to amend the criminal procedure law and the executive law, in relation
to authorizing a court to file non-family offense temporary orders of
protection and orders of protection with the computerized registry
established for such information

PURPOSE OR GENERAL IDEA OF BILL:
To permit temporary orders of protection and orders of protection for
non-family domestic violence offenses to be filed with the statewide
computerized registry of orders of protection.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 530.13 of the Criminal Procedure Law to
permit courts to direct that orders of protection and temporary
orders of protection of non-family domestic violence offenses be
filed with the statewide computerized registry of orders of protection.

Section 2 amends section 221-a of the executive law directing the
Superintendent of State Police to include such orders of protection
on the computerized registry.

EXISTING LAW:
Existing law only allows orders of protection and temporary orders of
protection for family offenses to be entered on the statewide
computerized registry.

JUSTIFICATION:
The landmark Family Protection and Domestic Violence Intervention Act
of 1994 created a framework to promote a more aggressive response to
domestic violence. A statewide computerized registry was established
to expedite communication between Family and Criminal Courts and law
enforcement agencies. Only orders of protection for domestic violence
offenses covered under the statutory definition of family offense,
however, are put on the registry. At least half of the victims of
domestic violence are persons outside the statutory definition of
family. Orders of protection and temporary orders of protection
issued to protect these victims, now covered under the 2008
legislation which expanded access to Family Court, should also be
included on the computerized statewide registry.

LEGISLATIVE HISTORY:
1997-1998 - S.7303 - Referred to Codes Committee
1999-2000 - S.1012 - Passed Senate
2001-2002 - S.1340A - Referred to Codes
2007-2008 - S.8765 - Referred to Rules
2009-2010 - S.5372/A.2602 (Pretlow) - Referred to Codes

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
The first of October next succeeding the date on which this bill
becomes a law.

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

                                   976

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON, DIAZ, KRUEGER -- 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 executive law, in
  relation to authorizing a court to file non-family  offense  temporary
  orders  of  protection  and orders of protection with the computerized
  registry established for such information

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

  Section  1.  Subdivision 5 of section 530.13 of the criminal procedure
law, as amended by chapter 462 of the laws of 2002, is amended  to  read
as follows:
  5.  The court shall inquire as to the existence of any other orders of
protection between the defendant and the person or persons for whom  the
order  of protection is sought. An order of protection issued under this
section shall plainly state the date that such order expires. Orders  of
protection issued to protect victims of domestic violence, as defined in
section  four  hundred fifty-nine-a of the social services law, shall be
on uniform statewide forms that shall be promulgated by the chief admin-
istrator of the courts in a manner to ensure the compatibility  of  such
forms  with  the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of  the  execu-
tive  law.  A  copy  of  an  order of protection or a temporary order of
protection issued pursuant to subdivision one, two, three,  or  four  of
this section shall be filed by the clerk of the court with the sheriff's
office  in the county in which such victim or victims reside, or, if the
victim or victims reside within a city, with the  police  department  of
such  city,  AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS
OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT  TO  SECTION  TWO
HUNDRED  TWENTY-ONE-A  OF  THE  EXECUTIVE LAW WHERE THE COURT DETERMINES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03312-01-1

S. 976                              2

THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER.  A
copy of such order of protection or temporary order  of  protection  may
from  time  to  time  be  filed by the clerk of the court with any other
police  department  or sheriff's office having jurisdiction of the resi-
dence, work place, and school of anyone intended to be protected by such
order. A copy of the order may also be filed by the victim or victims at
the appropriate police department or sheriff's office  having  jurisdic-
tion.  Any  subsequent  amendment  or  revocation of such order shall be
filed in the same manner as herein provided.
  S 2. Subdivision 1 of section 221-a of the executive law, as separate-
ly amended by sections 14 and 67 of part A of chapter 56 of the laws  of
2010, is amended to read as follows:
  1.  The  superintendent, in consultation with the division of criminal
justice services, office of court administration, and the office for the
prevention of domestic violence, shall develop a comprehensive plan  for
the  establishment  and maintenance of a statewide computerized registry
of all orders of protection issued pursuant to articles four, five,  six
and eight of the family court act, section 530.12 of the criminal proce-
dure  law  and,  insofar as they involve victims of domestic violence as
defined by section four hundred fifty-nine-a of the social services law,
section 530.13 of the criminal procedure law and  sections  two  hundred
forty  and two hundred fifty-two of the domestic relations law AND THOSE
ORDERS OF PROTECTION WHICH A COURT ORDERS FILED WITH THE REGISTRY PURSU-
ANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW,
AND ANY WARRANT ARISING THEREFROM, and orders of  protection  issued  by
courts of competent jurisdiction in another state, territorial or tribal
jurisdiction,  special  orders of conditions issued pursuant to subpara-
graph (i) or (ii) of paragraph (o) of subdivision one of section  330.20
of  the  criminal  procedure  law  insofar  as  they involve a victim or
victims of domestic violence as defined by subdivision  one  of  section
four  hundred  fifty-nine-a  of  the social services law or a designated
witness or witnesses to such domestic violence, and all warrants  issued
pursuant  to  sections one hundred fifty-three and eight hundred twenty-
seven of the family court act, and arrest and bench warrants as  defined
in  subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of
the criminal procedure law, insofar as such warrants pertain  to  orders
of protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section  530.13  of the criminal procedure law EXCEPT AS PROVIDED FOR IN
THIS SUBDIVISION shall not be included in the registry. The  superinten-
dent  shall  establish  and  maintain  such registry for the purposes of
ascertaining the existence of orders of protection, temporary orders  of
protection, warrants and special orders of conditions, and for enforcing
the provisions of paragraph (b) of subdivision four of section 140.10 of
the criminal procedure law.
  S  3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.

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