senate Bill S2267

2013-2014 Legislative Session

Relates to court clerks providing information to victims regarding orders of protection against the individual who committed the crime once they are released

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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
Jan 08, 2014 referred to crime victims, crime and correction
Jun 04, 2013 reported and committed to finance
Jan 15, 2013 referred to crime victims, crime and correction

Votes

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Jun 4, 2013 - Crime Victims, Crime and Correction committee Vote

S2267
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jun 4, 2013

aye wr (2)

S2267 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §645-a, amd §646-a, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3364
2009-2010: S4049

S2267 - Bill Texts

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Relates to court clerks providing information to victims regarding orders of protection against the individual who committed the crime once they are released.

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BILL NUMBER:S2267

TITLE OF BILL: An act to amend the executive law, in relation to the
fair treatment standards for crime victims

SUMMARY OF SPECIFIC PROVISIONS: The executive law is amended by
adding a new section 645-a; subdivision 2 of section 646-a of the
executive law is amended by adding a new paragraph (h).

JUSTIFICATION: Access to information is a vital concern fox crime
victims. After having been the victims of domestic violence, many
women are further victimized by their abusers because they are unaware
that their abuser has been released from prison. This sometimes even
leads to murder. Pat Byron of Louisville Kentucky started the Mary
Byron Foundation after her daughter was murdered in 1993 because Mary
didn't know that her former boyfriend was released from jail. The
foundation is now dedicated to promoting local innovations that
demonstrate promise in breaking the cycle of violence.

Thirty states have now adopted automated victim notification systems,
including New York. However, unlike Kentucky, Missouri, Washington,
Oklahoma and Delaware, New York has not yet taken the next step and
extended these automated notifications to include protective orders.
Thousands of victims are killed or re-victimized each year immediately
after an order of protection is served. By including protective
orders, victims are notified when they are in the greatest danger and
criminal justice agencies are given new tools to assist them during
this vulnerable time.

In this system, petitioners would have the option of registering for
automatic updates using a confidential PIN and their own phone
numbers. By simply calling a toll-free number, victims could get
confirmation that a protection order has been served and receive
information regarding upcoming court hearings.

Congress has approved millions of dollars to help states expand their
victim notification systems, and the Bureau of Justice Assistance
within the US Department of Justice has made these grants available to
states. By passing this legislation, NY would become eligible for this
funding.

PRIOR LEGISLATIVE HISTORY:; 2009/10: S.4049 Advanced to Third Reading.
2011/12: S,3364 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE; The ninetieth day after it shall have become a law.

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

                                  2267

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the executive law, in relation to the fair treatment
  standards for crime victims

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

  Section  1. The executive law is amended by adding a new section 645-a
to read as follows:
  S 645-A. INFORMATION RELATIVE TO ORDERS  OF  PROTECTION.  EVERY  COURT
CLERK  SHALL  BE  RESPONSIBLE  FOR  PROVIDING INFORMATION TO INDIVIDUALS
PETITIONING FOR EX PARTE ORDERS OF PROTECTION REGARDING NOTIFICATION  OF
SERVICE  OF  THESE  ORDERS OF PROTECTION. SUCH NOTIFICATION TO THE PETI-
TIONER IS REQUIRED IF THE PETITIONER HAS REGISTERED A  TELEPHONE  NUMBER
WITH  THE STATE'S VICTIM NOTIFICATION SYSTEM, ESTABLISHED UNDER SUBDIVI-
SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAPTER. THE  PETI-
TIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICATION OF
SERVICE  OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE RESPONDENT
BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW  TO  RECEIVE
NOTIFICATION  OF  SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO
COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERNMENT  AGENCY
RESPONSIBLE  FOR  SERVING  EX  PARTE  ORDERS OF PROTECTION OR SUMMONS TO
COURT SHALL RECORD THE SERVICE OF THESE ORDERS OF PROTECTION INTO A  LAW
ENFORCEMENT  DATABASE,  OR  SIMILAR ELECTRONIC RECORD KEEPING SYSTEM, AT
THE TIME WHEN SERVICE OCCURS. THE PROVISION OF THIS SECTION  SHALL  ONLY
APPLY  TO THOSE COURT CLERKS ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICA-
TION SYSTEM DESIGNED TO PROVIDE NOTIFICATION OF  SERVICE  OF  ORDERS  OF
PROTECTION.
  S 2. Subdivision 2 of section 646-a of the executive law is amended by
adding a new paragraph (h) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06709-01-3

S. 2267                             2

  (H)  THE  RIGHTS  OF  CRIME  VICTIMS  TO  BE PROVIDED WITH INFORMATION
REGARDING SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS  TO  COURT
AS PROVIDED BY SECTION SIX HUNDRED FORTY-FIVE-A OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. 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.

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