Assembly Bill A6859

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

                                  6859

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

Introduced  by  M. of A. ROSA -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the family court act and the criminal procedure law,  in
  relation  to  notification  of  release in family offense notification
  procedures

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

  Section 1. The family court act is amended by adding a new section 829
to read as follows:
  S  829.  NOTIFICATION OF RELEASE. UPON THE RELEASE OF A PERSON ACCUSED
OF COMMITTING A FAMILY OFFENSE FROM CUSTODY, THE COURT SHALL NOTIFY  THE
VICTIM  OR  PETITIONER  OF SUCH RELEASE WITHIN SEVENTY-TWO HOURS. NOTICE
SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
  1. BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
  2. BY  DELIVERING  NOTIFICATION  TO  A  PERSON  OF  SUITABLE  AGE  AND
DISCRETION  AT  THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM
OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
HIS OR HER LAST KNOWN  RESIDENCE  IN  AN  ENVELOPE  BEARING  THE  LEGEND
"PERSONAL  AND  CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE THEREOF,
BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
OR CONCERNS AND ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
  3. WHERE NOTIFICATION UNDER SUBDIVISIONS ONE AND TWO OF  THIS  SECTION
CANNOT  BE  MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION TO THE
DOOR OF THE DWELLING PLACE OR USUAL PLACE OF  ABODE  OF  THE  VICTIM  OR
PETITIONER  AND  BY  EITHER  MAILING  THE NOTIFICATION TO SUCH VICTIM OR
PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
LEGEND "PERSONAL AND CONFIDENTIAL" AND NOT  INDICATING  ON  THE  OUTSIDE
THEREOF,  BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM
THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
PARTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10391-01-3

              

A. 6859                             2

  4. BY TELEPHONE OR OVERNIGHT MAIL IF THE COURT DETERMINES THAT NOTIFI-
CATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
  5.  IN  SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF SERVICE
IS IMPRACTICABLE UNDER SUBDIVISIONS ONE, TWO, THREE  AND  FOUR  OF  THIS
SECTION.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 16 to read as follows:
  16.    UPON  RELEASING  FROM CUSTODY A DEFENDANT CHARGED WITH A FAMILY
OFFENSE, AS DEFINED IN SECTION 530.11 OF THIS ARTICLE OR WITH ANY  OTHER
CRIME  SUBJECT  TO  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION,
THE COURT SHALL NOTIFY THE VICTIM OR PETITIONER OF SUCH  RELEASE  WITHIN
SEVENTY-TWO HOURS. NOTICE SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
  (A) BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
  (B)  BY  DELIVERING  NOTIFICATION  TO  A  PERSON  OF  SUITABLE AGE AND
DISCRETION AT THE DWELLING PLACE OR USUAL PLACE OF ABODE OF  THE  VICTIM
OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
HIS  OR  HER  LAST  KNOWN  RESIDENCE  IN  AN ENVELOPE BEARING THE LEGEND
"PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE  OUTSIDE  THEREOF,
BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
  (C)  WHERE  NOTIFICATION UNDER PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION CANNOT BE MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION  TO
THE  DOOR OF THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM OR
PETITIONER AND BY EITHER MAILING THE  NOTIFICATION  TO  SUCH  VICTIM  OR
PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
LEGEND  "PERSONAL  AND  CONFIDENTIAL"  AND NOT INDICATING ON THE OUTSIDE
THEREOF, BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS  FROM
THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
PARTY;
  (D)  BY  TELEPHONE  OR  OVERNIGHT  MAIL  IF  THE COURT DETERMINES THAT
NOTIFICATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
  (E) IN SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF  SERVICE
IS IMPRACTICABLE UNDER PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVI-
SION.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law; provided, that effective immediately the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.