senate Bill S3349

2013-2014 Legislative Session

Authorizes a court to direct filing of non-family offense order of protection with the computerized registry for such orders and warrants

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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 codes
Feb 01, 2013 referred to codes

Co-Sponsors

S3349 - Bill Details

See Assembly Version of this Bill:
A673
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.13, CP L; amd §221-a, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S976, A3517
2009-2010: S5372, A2602

S3349 - Bill Texts

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Authorizes a court issuing a non-family offense temporary order of protection or an order of protection to direct that such order be filed with the computerized registry for orders of protection and warrants, if it is necessary to fulfill the purposes of such order; directs the superintendent of state police to include such orders on computerized registry.

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BILL NUMBER:S3349

TITLE OF BILL: An act to amend the criminal procedure law and the
executive law, in relation to authorizing a court to file non-family
offense temporary orders of protection and orders of protection with
the computerized registry established for such information

PURPOSE OR GENERAL IDEA OF BILL: To permit temporary orders of
protection and orders of protection for non-family domestic violence
offenses to be filed with the statewide computerized registry of
orders of protection.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 530.13 of the Criminal Procedure Law to
permit courts to direct that orders of protection and temporary orders
of protection of non-family domestic violence offenses be filed with
the statewide computerized registry of orders of protection.

Section 2 amends section 221-a of the executive law directing the
Superintendent of State Police to include such orders of protection on
the computerized registry.

EXISTING LAW: Existing law only allows orders of protection and
temporary orders Of protection for family offenses to be entered on
the statewide computerized registry.

JUSTIFICATION: The landmark Family Protection and Domestic Violence
Intervention Act of 1994 created a framework to promote a more
aggressive response to domestic violence. A statewide computerized
registry was established to expedite communication between Family and
Criminal Courts and law enforcement agencies. Only orders of
protection for domestic violence offenses covered under the statutory
definition of family offense, however, are put on the registry. At
least half of the victims of domestic violence are persons outside the
statutory definition of family. Orders of protection and temporary
orders of protection issued to protect these victims, now covered
under the 2008 legislation which expanded access to Family Court,
should also be included on the computerized statewide registry.

LEGISLATIVE HISTORY: 1997-1998 - S.7303 - Referred to Codes Committee
1999-2000 - S.1012 - Passed Senate 2001-2002 - S.1340A - Referred to
Codes 2007-2008 - S.8765 - Referred to Rules 2009-2010 - S.5372/A.2602
(Pretlow) - to Codes

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of October next succeeding the date on
which this bill becomes a law.

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

                                  3349

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  DIAZ,  KRUEGER, PARKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to authorizing a court to file non-family  offense  temporary
  orders  of  protection  and orders of protection with the computerized
  registry established for such information

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

  Section  1.  Subdivision 5 of section 530.13 of the criminal procedure
law, as amended by chapter 462 of the laws of 2002, is amended  to  read
as follows:
  5.  The court shall inquire as to the existence of any other orders of
protection between the defendant and the person or persons for whom  the
order  of protection is sought. An order of protection issued under this
section shall plainly state the date that such order expires. Orders  of
protection issued to protect victims of domestic violence, as defined in
section  four  hundred fifty-nine-a of the social services law, shall be
on uniform statewide forms that shall be promulgated by the chief admin-
istrator of the courts in a manner to ensure the compatibility  of  such
forms  with  the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of  the  execu-
tive  law.  A  copy  of  an  order of protection or a temporary order of
protection issued pursuant to subdivision one, two, three,  or  four  of
this section shall be filed by the clerk of the court with the sheriff's
office  in the county in which such victim or victims reside, or, if the
victim or victims reside within a city, with the  police  department  of
such  city,  AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS
OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT  TO  SECTION  TWO
HUNDRED  TWENTY-ONE-A  OF  THE  EXECUTIVE LAW WHERE THE COURT DETERMINES
THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER.  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01299-01-3

S. 3349                             2

copy of such order of protection or temporary order  of  protection  may
from  time  to  time  be  filed by the clerk of the court with any other
police department or sheriff's office having jurisdiction of  the  resi-
dence, work place, and school of anyone intended to be protected by such
order. A copy of the order may also be filed by the victim or victims at
the  appropriate  police department or sheriff's office having jurisdic-
tion. Any subsequent amendment or revocation  of  such  order  shall  be
filed in the same manner as herein provided.
  S 2. Subdivision 1 of section 221-a of the executive law, as separate-
ly  amended by sections 14 and 67 of part A of chapter 56 of the laws of
2010, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice services, office of court administration, and the office for the
prevention  of domestic violence, shall develop a comprehensive plan for
the establishment and maintenance of a statewide  computerized  registry
of  all orders of protection issued pursuant to articles four, five, six
and eight of the family court act, section 530.12 of the criminal proce-
dure law and, 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 and sections two hundred
forty and two hundred fifty-two of the domestic relations law AND  THOSE
ORDERS OF PROTECTION WHICH A COURT ORDERS FILED WITH THE REGISTRY PURSU-
ANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW,
AND  ANY  WARRANT  ARISING THEREFROM, and orders of protection issued by
courts of competent jurisdiction in another state, territorial or tribal
jurisdiction, special orders of conditions issued pursuant  to  subpara-
graph  (i) or (ii) of paragraph (o) of subdivision one of section 330.20
of the criminal procedure law  insofar  as  they  involve  a  victim  or
victims  of  domestic  violence as defined by subdivision one of section
four hundred fifty-nine-a of the social services  law  or  a  designated
witness  or witnesses to such domestic violence, and all warrants issued
pursuant to sections one hundred fifty-three and eight  hundred  twenty-
seven  of the family court act, and arrest and bench warrants as defined
in subdivisions twenty-eight, twenty-nine and thirty of section 1.20  of
the  criminal  procedure law, insofar as such warrants pertain to orders
of protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section 530.13 of the criminal procedure law EXCEPT AS PROVIDED  FOR  IN
THIS  SUBDIVISION shall not be included in the registry. The superinten-
dent shall establish and maintain such  registry  for  the  purposes  of
ascertaining  the existence of orders of protection, temporary orders of
protection, warrants and special orders of conditions, and for enforcing
the provisions of paragraph (b) of subdivision four of section 140.10 of
the criminal procedure law.
  S 3. This act shall take effect on the first of October next  succeed-
ing the date on which it shall have become a law.

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