S T A T E O F N E W Y O R K
________________________________________________________________________
612
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PRETLOW, CLARK, SCHIMMINGER, GALEF -- Multi-Spon-
sored by -- M. of A. ABBATE, AUBRY, BRENNAN, GLICK, GOTTFRIED, HOOP-
ER, ORTIZ, PERRY -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in
relation to authorizing order of protection to contain provision for
personal security devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 530.12 of the criminal procedure
law is amended by adding a new paragraph (d-1) to read as follows:
(D-1) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
S 2. Subdivision 1 of section 530.13 of the criminal procedure law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
RITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
S 3. Subdivision 4 of section 530.13 of the criminal procedure law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
RITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01301-01-3
A. 612 2
S 4. Subdivision (g) of section 446 of the family court act, as
amended by chapter 948 of the laws of 1984, is amended and a new subdi-
vision (g-1) is added to read as follows:
(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order[.];
(G-1) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS SUBDIVISION SHALL DIMINISH OR RESTRICT ANY OTHER
SUPPORT THAT MAY BE SO ORDERED;
S 5. Subdivision (h) of section 656 of the family court act, as
amended by chapter 948 of the laws of 1984, is amended and a new subdi-
vision (h-1) is added to read as follows:
(h) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced[.];
(H-1) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS SUBDIVISION SHALL DIMINISH OR RESTRICT ANY OTHER
SUPPORT THAT MAY BE SO ORDERED;
S 6. Subdivisions (g) and (h) of section 842 of the family court act,
as amended by chapter 222 of the laws of 1994, are amended and a new
subdivision (h-1) is added to read as follows:
(g) to require the respondent to participate in a batterer's education
program designed to help end violent behavior, which may include refer-
ral to drug and alcohol [counselling] COUNSELING, and to pay the costs
thereof if the person has the means to do so, provided however that
nothing contained [herein] IN THIS SUBDIVISION shall be deemed to
require payment of the costs of any such program by the petitioner, the
state or any political subdivision thereof; [and]
(h) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order[.];
(H-1) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS SUBDIVISION SHALL DIMINISH OR RESTRICT ANY OTHER
SUPPORT THAT MAY BE SO ORDERED;
S 7. Paragraph (f) of subdivision 1 of section 1056 of the family
court act, as amended by chapter 622 of the laws of 1990, is amended and
a new paragraph (f-1) is added to read as follows:
(f) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order[.];
(F-1) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
S 8. This act shall take effect immediately.