senate Bill S2718

2013-2014 Legislative Session

Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2013 referred to social services

S2718 - Bill Details

Current Committee:
Senate Social Services
Law Section:
Executive Law
Laws Affected:
Add §577, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3970
2009-2010: S7639

S2718 - Bill Texts

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Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

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BILL NUMBER:S2718

TITLE OF BILL: An act to amend the executive law, in relation to
victims of domestic violence

PURPOSE: Authorizes a victim of domestic violence to apply to remove
the violent felony offender from deed of co-owned real property.

SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new section 577 to
read as follows:

§ 577. Violent felon removed from deed with victim. 1. For the purposes
of this section, the following terms shall have the following meanings:

(a) 'violent felony offense" shall have the same meaning set forth in
subdivision one of section 70.2 of the penal law; (b) "victim of domes-
tic violence" shall mean any person who is a victim of an act which
would constitute a violent felony offense; and (i) such act or acts have
resulted in actual physical or emotional injury or have created a
substantial risk of physical or emotional harm to such person or such
person's child; and (ii) such act or acts axe or are alleged to have
been committed by a family or household member.

2. Any victim of domestic violence who holds title to real property with
the person who was convicted of the violent felony offense which consti-
tuted the domestic violence against such victim may apply to the county
clerk in the county in which such real property is located to remove the
name of such violent felony offender from the deed of such real proper-
ty. Application shall be made in a manner and form to be determined by
such county clerk.

EXISTING LAW:

S.7639 2010 Codes A.11047 2010 Governmental Operations

LEGISLATIVE HISTORY:

S.3970 (2011) Referred to Social Services S.3970 (2012) Referred to
Social Services

JUSTIFICATION: As the law now sits If your offender is found guilty of
and convicted of a felony crime against you or another family member who
resides with you but co-owns property with the victim, they(the Offen-
der) still have the ability to disallow the victim the ability to sell,
refinance, or lease without their permission and can withhold that
permission keeping their victim hostage mentally and sometimes finan-
cially.

We must make every effort to assist survivors of these violent crimes
from continuing to be victimized even after their offenders have been
tried, and convicted.

FISCAL IMPLICATIONS: None to State.

LOCAL FISCAL IMPLICATIONS: Nominal administrative fees for change.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2718

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the executive law, in relation to  victims  of  domestic
  violence

  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 577 to
read as follows:
  S 577. VIOLENT FELON  REMOVED  FROM  DEED  WITH  VICTIM.  1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH  IN
SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW;
  (B)  "VICTIM  OF  DOMESTIC  VIOLENCE"  SHALL  MEAN ANY PERSON WHO IS A
VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND
  (I) SUCH ACT OR ACTS HAVE RESULTED IN  ACTUAL  PHYSICAL  OR  EMOTIONAL
INJURY  OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM
TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
  (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED  BY  A
FAMILY OR HOUSEHOLD MEMBER.
  2.  ANY  VICTIM  OF DOMESTIC VIOLENCE WHO HOLDS TITLE TO REAL PROPERTY
WITH THE PERSON WHO WAS CONVICTED OF THE VIOLENT  FELONY  OFFENSE  WHICH
CONSTITUTED  THE  DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY TO THE
COUNTY CLERK IN THE COUNTY IN WHICH SUCH REAL  PROPERTY  IS  LOCATED  TO
REMOVE  THE  NAME  OF SUCH VIOLENT FELONY OFFENDER FROM THE DEED OF SUCH
REAL PROPERTY. APPLICATION SHALL BE MADE IN A  MANNER  AND  FORM  TO  BE
DETERMINED BY SUCH COUNTY CLERK.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06053-01-3

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