S T A T E O F N E W Y O R K
________________________________________________________________________
6234
2011-2012 Regular Sessions
I N A S S E M B L Y
March 10, 2011
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, the family court act and the criminal
procedure law, in relation to pre-dispositional and pre-sentence
investigations in family offense cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 221-a of the executive law, as
amended by section 7 of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
4. Courts and law enforcement officials, including probation officers,
shall have the ability to disclose and share information with respect to
such orders and warrants consistent with the purposes of this section,
subject to applicable provisions of the family court act, domestic
relations law and criminal procedure law concerning the confidentiality,
sealing and expungement of records. DESIGNATED REPRESENTATIVES OF A
LOCAL PROBATION SERVICE SHALL HAVE ACCESS TO INFORMATION IN THE STATE-
WIDE REGISTRY OF ORDERS OF PROTECTION AND WARRANTS NECESSARY IN ORDER TO
RESPOND TO A JUDICIAL REQUEST FOR INFORMATION PURSUANT TO SUBDIVISION
SIX OF SECTION EIGHT HUNDRED TWENTY-ONE-A OF THE FAMILY COURT ACT,
SUBDIVISION SIX-A OF SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW OR,
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, OR TO PREPARE AN INVESTIGATION AND
REPORT IN PROCEEDINGS CONDUCTED PURSUANT TO SECTIONS 351.1, SIX HUNDRED
FORTY-TWO, SIX HUNDRED FIFTY-SIX, SIX HUNDRED SIXTY-TWO, SEVEN HUNDRED
FIFTY, EIGHT HUNDRED THIRTY-FIVE AND SUBDIVISION (B) OF SECTION ONE
THOUSAND FORTY-SEVEN OF THE FAMILY COURT ACT OR ARTICLE THREE HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01933-01-1
A. 6234 2
S 2. The section heading and subdivision (a) of section 835 of the
family court act, as amended by chapter 529 of the laws of 1963, are
amended to read as follows:
Sequence of hearings; PROBATION INVESTIGATIONS AND REPORTS.
(a) Upon completion of the fact-finding hearing, the dispositional
hearing may commence immediately after the required findings are made.
IN AID OF ITS DISPOSITION, THE COURT MAY ADJOURN THE PROCEEDING FOR AN
INVESTIGATION AND REPORT BY A LOCAL PROBATION SERVICE. FOR THE PURPOSES
OF THIS ARTICLE, THE PROBATION INVESTIGATION AND REPORT MAY INCLUDE, BUT
IS NOT LIMITED TO: THE PRESENCE OR ABSENCE OF AGGRAVATING FACTORS AS
DEFINED IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION EIGHT HUNDRED
TWENTY-SEVEN OF THIS ARTICLE, THE EXTENT OF INJURIES OR OUT-OF-POCKET
LOSSES TO THE VICTIM WHICH MAY FORM THE BASIS FOR AN ORDER OF RESTITU-
TION PURSUANT TO SUBDIVISION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF
THIS ARTICLE, THE HISTORY OF THE RESPONDENT WITH RESPECT TO FAMILY
OFFENSES AND ORDERS OF PROTECTION IN THIS OR OTHER COURTS, WHETHER THE
RESPONDENT IS IN POSSESSION OF ANY FIREARMS AND, IF SO, WHETHER THE
RESPONDENT IS LICENSED OR OTHERWISE AUTHORIZED TO BE IN POSSESSION OF
SUCH FIREARMS.
S 3. Subdivision 3 of section 390.20 of the criminal procedure law is
amended to read as follows:
3. Permissible in any case. For purposes of sentence, ISSUANCE OF AN
ORDER OF PROTECTION PURSUANT TO SUBDIVISION FIVE OF SECTION 530.12 OF
THIS CHAPTER OR, 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 THIS CHAPTER, the court may, in its discretion, order
a pre-sentence investigation and report in any case, irrespective of
whether such investigation and report is required by subdivision one or
two OF THIS SECTION.
S 4. Subdivision 4 of section 390.30 of the criminal procedure law, as
amended by chapter 618 of the laws of 1992, the opening paragraph as
amended by section 50 of part A of chapter 56 of the laws of 2010, is
amended to read as follows:
4. Abbreviated investigation and short form report. In lieu of the
procedure set forth in subdivisions one, two and three of this section,
where the conviction is of a misdemeanor OR FAMILY OFFENSE, AS DEFINED
IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, OTHER THAN A FELO-
NY, the scope of the pre-sentence investigation may be abbreviated and a
short form report may be made. The use of abbreviated investigations
and short form reports, the matters to be covered therein and the form
of the reports shall be in accordance with the general rules regulating
methods and procedures in the administration of probation as adopted
from time to time by the commissioner of the division of criminal
justice services pursuant to the provisions of article twelve of the
executive law. No such rule, however, shall be construed so as to
relieve the agency conducting the investigation of the duty of investi-
gating and reporting upon:
(a) the extent of the injury or economic loss and the actual out-of-
pocket loss to the victim including the amount of restitution and repa-
ration sought by the victim, after the victim has been informed of the
right to seek restitution and reparation, or
(b) IN A CASE INVOLVING A FAMILY OFFENSE, AS DEFINED IN SUBDIVISION
ONE OF SECTION 530.11 OF THIS CHAPTER, THE DEFENDANT'S HISTORY OF FAMILY
OFFENSES AND ORDERS OF PROTECTION, INCLUDING VIOLATIONS, IN PROCEEDINGS
OR ACTIONS IN THIS OR OTHER COURTS, THE EXTENT OF INJURIES OR THREATS OF
INJURY TO THE COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY OR HOUSE-
A. 6234 3
HOLD, THE USE OR THREATENED USE OF DANGEROUS INSTRUMENTS AGAINST THE
COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY OR HOUSEHOLD, WHETHER THE
DEFENDANT IS IN POSSESSION OF ANY FIREARMS AND, IF SO, WHETHER DEFENDANT
IS LICENSED OR OTHERWISE AUTHORIZED TO BE IN POSSESSION OF SUCH
FIREARMS, THE EXTENT TO WHICH THE DEFENDANT POSES AN IMMEDIATE AND ONGO-
ING DANGER TO THE COMPLAINANT OR MEMBERS OF THE COMPLAINANT'S FAMILY OR
HOUSEHOLD AND ANY OTHER INFORMATION RELEVANT TO THE ISSUE OF WHETHER AN
ORDER OF PROTECTION, IN ADDITION TO ANY OTHER DISPOSITION, SHOULD BE
ISSUED IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION 530.12 OF THIS
CHAPTER, OR
(C) any matter relevant to the question of sentence OR ISSUANCE OF AN
ORDER OF PROTECTION that the court directs to be included in particular
cases.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.