senate Bill S5821

Signed By Governor
2013-2014 Legislative Session

Adds identity theft, larceny and coercion to those offenses over which criminal and family courts have concurrent jurisdiction when involving family or household members

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Archive: Last Bill Status Via A7400 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 signed chap.526
Dec 06, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1550
substituted for s5821
Jun 20, 2013 substituted by a7400
ordered to third reading cal.1550
Jun 17, 2013 referred to rules

Votes

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S5821 - Bill Details

See Assembly Version of this Bill:
A7400
Law Section:
Family Court Act
Laws Affected:
Amd §§812, 821, 446, 551, 656, 842 & 1056, Fam Ct Act; amd §§240 & 252, Dom Rel L; amd §§530.11 & 530.12, CP L

S5821 - Bill Texts

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Adds identity theft, larceny and coercion to those offenses over which criminal and family courts have concurrent jurisdiction when involving family or household members; authorizes a court which issues an order of protection to order the respondent to return certain documents, and credit and debit devices to the protected party.

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BILL NUMBER:S5821

TITLE OF BILL: An act to amend the family court act and the criminal
procedure law, in relation to adding identity theft, larceny and
coercion as crimes over which family courts and criminal courts have
concurrent jurisdiction in certain circumstances; and to amend the
family court act, the domestic relations law and the criminal
procedure law, in relation to authorizing courts, upon issuance of an
order of protection, to order a respondent to return certain
documents, and debit and credit devices to the protected party

PURPOSE OF BILL: This legislation will protect victims of domestic
abuse by recognizing, as family offenses, some pervasive and insidious
forms of economic abuse perpetrated against victims by their abusers.

SUMMARY OF PROVISIONS: OF BILL:

Sections 1, 2 and 10 of the bill amend § 812 of the Family Court Act,
§ 821 of the Family Court Act and530.11 of the Criminal Procedure Law
respectively, to add as family offenses, identity theft in the firs:,
second and third degree, grand larceny in :he third and forth degree,
and coercion in the second degree as set forth in subdivisions one,
two and three of § 135.60 of the penal law.

Sections 3, 4, 5, 6, 7, 8, 9 and 11 amend 9 446 of the Family Court
Act, 6 551 of the Family Court Act, 6 656 of the Family Court Act,
842 of the Family Court Act, § 1055 of the Family Court Act, § 240 of
the Domestic Relations Law, § 252 of the Domestic Relations Law, S
530.11 of the Criminal Procedure Law,530.12 of the Criminal Procedure
Law respectively, to specifically provide for the return of certain
identification and financial documents to the protected party as a
form of relief when issuing an order of protection or temporary order
of protection.

JUSTIFICATION: We know that in addition to physical and psychological
tactics, abusers employ economic means to control and otherwise abuse
their victim making it harder for victims to secure their safety.

There is broad recognition among mental health service providers,
domestic violence prevention advocates and legal practitioners that in
fact, economic abuse is a form of domestic abuse. Economic abuse is a
tactic commonly used by abusers to control their victim's finances and
prevent them from leaving an abusive relationship. The types of
conduct encompassing economic abuse range from identity theft and
stealing money and documents, to engaging in other conduct that
prevents a victim from being self-sufficient, including hampering a
victim's ability to secure or retain a job. Such conduct has severe
and long lasting consequences on the safety of a domestic abuse
survivor.

This proposal incorporates, in statute, this understanding of economic
abuse as a foam of domestic abuse. It aims to provide relief and
protection to victims from some forms of economically abusive conduct
perpetrated by their family or household members that, comprise
criminal conduct.


At a hearing on economic abuse as a form of domestic abuse, held on
December 5, 2012, by the New York State Assembly Committees on
Judiciary and Codes, civil legal service providers, domestic violence
prevention advocates and the Office of Court Administration testified
how economic abuse frequently accompanies other forms of domestic
abuse perpetrated by abusers, in the family violence context, to
exercise power and control over their victims and their finances.
Among the long list of types of abuse cited included taking the
victim's credit card and other documents; incurring debt in the
survivor's name through false statements or coercion; perpetrating
identity theft or otherwise incurring debt without the survivor's
knowledge; preventing the victim from working; stealing the victim's
paychecks or forcing the victim to turn them over to the abuser;
forging the victim's signature; withholding household finances from
the victim; controlling the victim's access to health insurance;
exercising control over the victim's immigration status and documents;
monitoring the victim's computer access and harassing the victim at
work. We heard that these and other forms of economic abuse in the
family violence context are common, and the abusers are uniquely
positioned with access to their victim's private/personal information
to perpetrate economic abuse related crimes. We also learned that
seniors are particularly susceptible to economic abuse by family or
household members because of their vulnerable status.

Domestic economic abuse perpetrated by family or household members has
a long lasting impact. It can take years to recover from the economic
harm such as ruined credit that can haunt families by impacting the
victim's ability to get credit, secure employment or an apartment,
finance a vehicle or obtain a mortgage.

By defining some of the forms of economic abuse that comprise criminal
conduct as family offenses, and by granting family court concurrent
jurisdiction with criminal court over these crimes, this proposal will
enable victims to better address these types of offenses as family
offenses. It will allow relief in the form of orders of protection for
domestic abuse victims that may also be secured in family court. The
legislature has always recognized that the purpose of these civil
proceedings is Primarily to protect the physical and emotional safety
or the victim, as well as to end the family disruption.

In addition, although the courts are presently authorized to direct
the return of items and documents when issuing an order of protection
to further the purposes of protection, by specifically permitting the
return of documents to victims of abuse this proposal will help
provide meaningful relief to overcome some of the barriers to economic
self-sufficiency imposed by the abuser.

LEGISLATIVE HISTORY: New bill, 2013.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: Immediately.

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

                                  5821

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the family court act and the criminal procedure law,  in
  relation to adding identity theft, larceny and coercion as crimes over
  which  family  courts and criminal courts have concurrent jurisdiction
  in certain circumstances; and to  amend  the  family  court  act,  the
  domestic  relations law and the criminal procedure law, in relation to
  authorizing courts, upon issuance of an order of protection, to  order
  a respondent to return certain documents, and debit and credit devices
  to the protected party

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

  Section 1. The opening paragraph of subdivision 1 of  section  812  of
the  family  court act, as separately amended by chapters 341 and 405 of
the laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the  second  degree, sexual
misconduct, forcible touching, sexual abuse in the third degree,  sexual
abuse  in  the  second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking  in  the
second  degree,  stalking  in  the  third degree, stalking in the fourth
degree, criminal mischief, menacing in the second  degree,  menacing  in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion  in  the first degree, assault in the second degree, assault in the
third degree  [or],  an  attempted  assault,  [criminal  obstruction  of
breathing  or  blood circulation or strangulation] IDENTITY THEFT IN THE
FIRST DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN THE
THIRD DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY  IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09958-07-3

S. 5821                             2

THIRD  DEGREE  OR COERCION IN THE SECOND DEGREE AS SET FORTH IN SUBDIVI-
SIONS ONE, TWO AND THREE OF SECTION 135.60  OF  THE  PENAL  LAW  between
spouses  or  former  spouses,  or  between  parent  and child or between
members  of  the  same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then  the  family  court  shall  have  exclusive
jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
election to proceed in family court, the criminal  court  shall  not  be
divested of jurisdiction to hear a family offense proceeding pursuant to
this  section. In any proceeding pursuant to this article, a court shall
not deny an order of protection, or dismiss a petition,  solely  on  the
basis that the acts or events alleged are not relatively contemporaneous
with the date of the petition, the conclusion of the fact-finding or the
conclusion  of  the dispositional hearing. For purposes of this article,
"disorderly conduct" includes disorderly conduct not in a public  place.
For  purposes of this article, "members of the same family or household"
shall mean the following:
  S 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 309 of the laws of 2011, is amended  to  read
as follows:
  (a)  An  allegation  that  the  respondent  assaulted  or attempted to
assault his or her spouse, or former  spouse,  parent,  child  or  other
member of the same family or household or engaged in disorderly conduct,
harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
breathing or blood circulation [or], strangulation,  IDENTITY  THEFT  IN
THE FIRST DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN
THE  THIRD  DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY IN
THE THIRD DEGREE OR COERCION IN THE SECOND DEGREE AS SET FORTH IN SUBDI-
VISIONS ONE, TWO AND THREE OF SECTION 135.60 OF THE  PENAL  LAW,  toward
any such person;
  S 3. Section 446 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
subdivision (i) as added by chapter 483 of the laws of 1995, subdivision
(h) as added and subdivision (i) as relettered by  chapter  253  of  the
laws  of  2006, paragraph 1 of subdivision (h) as amended by chapter 532
of the laws of 2008, the second undesignated  paragraph  as  amended  by
chapter  326  of  the  laws of 2008, the third undesignated paragraph as
added by chapter 73 of the laws of 2007 and  the  closing  paragraph  as
added by chapter 341 of the laws of 2010, is amended to read as follows:
  S  446. Order of protection. The court may make an order of protection
in assistance or as a condition of any other order made under this part.
The order of protection may set forth reasonable conditions of  behavior
to  be  observed for a specified time by the petitioner or respondent or
both. No order of protection may direct any party to observe  conditions
of  behavior  unless  the  party  requesting the order of protection has
served and filed a petition or counter-claim in accordance with  section
one  hundred  fifty-four-b  of  this  act. Such an order may require the
petitioner or the respondent:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  any  other  party,  the  other spouse, the other parent or the
child, and to stay away from any other specific location  designated  by
the court;

S. 5821                             3

  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any  criminal
offense  against  the  child  or against the other parent or against any
person to whom custody of the  child  is  awarded,  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child;
  (f)  to  participate  in  an  educational program and to pay the costs
thereof if the person has the means to  do  so,  provided  however  that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (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[.];
  (h)  1.  to  refrain  from  intentionally injuring or killing, without
justification, any companion animal the respondent knows  to  be  owned,
possessed,  leased, kept or held by the person protected by the order or
a minor child residing in such person's household.
  2. "Companion animal", as used in this section, shall  have  the  same
meaning  as  in  subdivision  five of section three hundred fifty of the
agriculture and markets law[.];
  (i) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
(A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
BE ACCOMPLISHED.
  2. FOR PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION  DOCUMENT"  SHALL
MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (J) to observe such other conditions as are necessary to  further  the
purposes of protection.
The  court  may  also award custody of the child, during the term of the
order of protection to either parent,  or  to  an  appropriate  relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to  an  institution
or  agency. In making orders of protection, the court shall so act as to

S. 5821                             4

insure that in the care, protection, discipline and guardianship of  the
child his religious faith shall be preserved and protected.
  Notwithstanding  the  foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a  child  in  common,  regardless  of
whether  such  persons  have  been married or have lived together at any
time, or against a member of the same family or household as defined  in
subdivision one of section eight hundred twelve of this act.
  In addition to the foregoing provisions, the court may issue an order,
pursuant to section two hundred twenty-seven-c of the real property law,
authorizing the party for whose benefit any order of protection has been
issued  to terminate a lease or rental agreement pursuant to section two
hundred twenty-seven-c of the real property law.
  In any proceeding pursuant to this article, a court shall not deny  an
order of protection, or dismiss an application for such an order, solely
on  the basis that the acts or events alleged are not relatively contem-
poraneous with the date of the application  or  the  conclusion  of  the
action.  The  duration  of  any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  S 4. Section 551 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws of 1988, subdivisions (a), (b), (c), (d) and  (e)  as  amended  and
subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
(i)  as  added  and  subdivision (j) as relettered by chapter 253 of the
laws of 2006, paragraph 1 of subdivision (i) as amended by  chapter  532
of  the  laws  of  2008,  the third undesignated paragraph as amended by
chapter 326 of the laws of 2008 and the closing paragraph  as  added  by
chapter 341 of the laws of 2010, is amended to read as follows:
  S  551. Order of protection. The court may make an order of protection
in assistance or as a condition of any other order made under this arti-
cle.  The order of protection may set  forth  reasonable  conditions  of
behavior  to  be  observed  for  a  specified  time by the petitioner or
respondent or both. No order of  protection  may  direct  any  party  to
observe  conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim  in  accord-
ance  with  section  one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  any  other  party, the other parent, or the child, and to stay
away from any other specific location designated by the court;
  (b) to permit a parent, or a person entitled to visitation by a  court
order or a separation agreement to visit the child at stated periods;
  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any  criminal
offense  against  the  child  or against the other parent or against any
person to whom custody of the  child  is  awarded,  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child;
  (f)  to  participate  in  an  educational program and to pay the costs
thereof if the person has the means to do so,  provided,  however,  that

S. 5821                             5

nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (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;
  (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, whether or not an order of
filiation is made[.];
  (i) 1. to refrain from  intentionally  injuring  or  killing,  without
justification,  any  companion  animal the respondent knows to be owned,
possessed, leased, kept or held by the person protected by the order  or
a minor child residing in such person's household.
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section three  hundred  fifty  of  the
agriculture and markets law[.];
  (j)  1.  TO  PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
(A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
BE ACCOMPLISHED.
  2.  FOR  PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION DOCUMENT" SHALL
MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (K)  to  observe such other conditions as are necessary to further the
purposes of protection.
  The court may also award custody of the child, during the term of  the
order  of  protection  to  either  parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court  power
to  place  or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as  to
insure  that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.
  Notwithstanding the foregoing provisions, an order of  protection,  or
temporary order of protection where applicable, may be entered against a
former  spouse  and  persons  who  have a child in common, regardless of
whether such persons have been married or have  lived  together  at  any
time,  or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
  In any proceeding pursuant to this article, a court shall not deny  an
order of protection, or dismiss an application for such an order, solely
on  the basis that the acts or events alleged are not relatively contem-

S. 5821                             6

poraneous with the date of the application  or  the  conclusion  of  the
action.  The  duration  of  any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  S 5. Section 656 of the family court act, as amended by chapter 948 of
the laws of 1984, the opening paragraph as amended by chapter 706 of the
laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
(i) as added and subdivision (j) as relettered by  chapter  253  of  the
laws  of  2006,  the second undesignated paragraph as amended by chapter
326 of the laws of 2008, the third undesignated paragraph  as  added  by
chapter  73  of  the  laws of 2007 and the closing paragraph as added by
chapter 341 of the laws of 2010, is amended to read as follows:
  S 656. Order of protection. The court may make an order of  protection
and  an  order of probation in assistance or as a condition of any other
order made under this part.  The  order  of  protection  may  set  forth
reasonable  conditions of behavior to be observed for a specific time by
any petitioner or any respondent, and  shall  specify  if  an  order  of
probation  is  in effect. No order of protection may direct any party to
observe conditions of behavior unless the party requesting the order  of
protection  has  served and filed a petition or counter-claim in accord-
ance with section one hundred fifty-four-b of this act.  Such  an  order
may require the petitioner or the respondent:
  (a)  to  stay away from the home, school, business or place of employ-
ment of any other party, the other spouse or parent, or the  child,  and
to stay away from any other specific location designated by the court;
  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c) to refrain from committing a family offense, as defined in  subdi-
vision  one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other  parent  or  against  any
person  to  whom  custody  of  the  child is awarded, or from harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under  this  act
or the domestic relations law;
  (e)  to  refrain  from  acts  of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
  (f) to participate in an educational program  and  to  pay  the  costs
thereof  if  the  person  has  the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
  (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;
  (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[.];
  (i) 1. to refrain from  intentionally  injuring  or  killing,  without
justification,  any  companion  animal the respondent knows to be owned,
possessed, leased, kept or held by  the  petitioner  or  a  minor  child
residing in the household.
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section three  hundred  fifty  of  the
agriculture and markets law[.];

S. 5821                             7

  (j)  1.  TO  PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
(A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
BE ACCOMPLISHED.
  2.  FOR  PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION DOCUMENT" SHALL
MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (K)  to  observe such other conditions as are necessary to further the
purposes of protection.
  The court shall not require anyone  seeking  an  order  of  protection
under  this  section  to  first  request  that child protective services
investigate the allegations or to first request  permission  to  file  a
petition under article ten of this act.
  Notwithstanding  the  foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a  child  in  common,  regardless  of
whether  such  persons  have  been married or have lived together at any
time, or against a member of the same family or household as defined  in
subdivision one of section eight hundred twelve of this act.
  In addition to the foregoing provisions, the court may issue an order,
pursuant to section two hundred twenty-seven-c of the real property law,
authorizing the party for whose benefit any order of protection has been
issued  to terminate a lease or rental agreement pursuant to section two
hundred twenty-seven-c of the real property law.
  In any proceeding pursuant to this article, a court shall not deny  an
order of protection, or dismiss an application for such an order, solely
on  the basis that the acts or events alleged are not relatively contem-
poraneous with the date of the application  or  the  conclusion  of  the
action.  The  duration  of  any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
  S 6. Section 842 of the family court act, as amended by chapter 222 of
the laws of 1994, the opening paragraph as separately amended  by  chap-
ters  325  and  341 of the laws of 2010, subdivisions (a), (b), (c), (d)
and (e) as amended and subdivision (j) as added by chapter  483  of  the
laws of 1995, subdivision (i) as added and subdivision (j) as relettered
by chapter 253 of the laws of 2006, the second undesignated paragraph as
amended by chapter 325 of the laws of 2010, the third undesignated para-
graph  as amended by chapter 224 of the laws of 1994, the sixth undesig-
nated paragraph as amended by section 114 of subpart  B  of  part  C  of
chapter  62  of  the laws of 2011, the seventh undesignated paragraph as
amended by chapter 326 of the laws of 2008 and the closing paragraph  as
added by chapter 73 of the laws of 2007, is amended to read as follows:

S. 5821                             8

  S 842. Order of protection. An order of protection under section eight
hundred  forty-one of this part shall set forth reasonable conditions of
behavior to be observed for a period not in excess of two years  by  the
petitioner  or  respondent  or  for a period not in excess of five years
upon (i) a finding by the court on the record of the existence of aggra-
vating circumstances as defined in paragraph (vii) of subdivision (a) of
section eight hundred twenty-seven of this article; or (ii) a finding by
the  court  on the record that the conduct alleged in the petition is in
violation of a valid order of protection.  Any  finding  of  aggravating
circumstances pursuant to this section shall be stated on the record and
upon  the  order  of protection. The court may also, upon motion, extend
the order of protection for a reasonable period of time upon  a  showing
of  good  cause  or  consent of the parties. The fact that abuse has not
occurred during the pendency of an order shall not, in  itself,  consti-
tute  sufficient  ground for denying or failing to extend the order. The
court must articulate a basis for its decision on the record. The  dura-
tion of any temporary order shall not by itself be a factor in determin-
ing  the length or issuance of any final order.  Any order of protection
issued pursuant to this section shall specify if an order  of  probation
is  in  effect.  Any order of protection issued pursuant to this section
may require the petitioner or the respondent:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  any  other  party,  the other spouse, the other parent, or the
child, and to stay away from any other specific location  designated  by
the court, provided that the court shall make a determination, and shall
state such determination in a written decision or on the record, whether
to  impose  a  condition pursuant to this subdivision, provided further,
however, that failure to make such a determination shall not affect  the
validity  of such order of protection. In making such determination, the
court shall consider, but shall not  be  limited  to  consideration  of,
whether  the order of protection is likely to achieve its purpose in the
absence of  such  a  condition,  conduct  subject  to  prior  orders  of
protection,  prior incidents of abuse, extent of past or present injury,
threats, drug or alcohol abuse, and access to weapons;
  (b) to permit a parent, or a person entitled to visitation by a  court
order or a separation agreement, to visit the child at stated periods;
  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any  criminal
offense  against  the  child  or against the other parent or against any
person to whom custody of the  child  is  awarded,  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child;
  (f)  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;
  (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, and to pay the costs thereof if the
person has the means to do so, provided however that  nothing  contained
herein  shall  be  deemed  to  require  payment of the costs of any such

S. 5821                             9

program by the petitioner, the state or any political subdivision there-
of; [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[.];
  (i)  1.  to  refrain  from  intentionally injuring or killing, without
justification, any companion animal the respondent knows  to  be  owned,
possessed,  leased,  kept  or  held  by  the petitioner or a minor child
residing in the household.
  2. "Companion animal", as used in this section, shall  have  the  same
meaning  as  in  subdivision  five of section three hundred fifty of the
agriculture and markets law[.];
  (j) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
(A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
BE ACCOMPLISHED.
  2. FOR PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION  DOCUMENT"  SHALL
MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (K) to observe such other conditions as are necessary to  further  the
purposes of protection.
  The  court may also award custody of the child, during the term of the
order of protection to either parent,  or  to  an  appropriate  relative
within  the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to  an  institution
or agency.
  Notwithstanding  the  provisions of section eight hundred seventeen of
this article, where a temporary order of child support has  not  already
been  issued,  the  court may in addition to the issuance of an order of
protection pursuant to this section, issue an order for temporary  child
support  in an amount sufficient to meet the needs of the child, without
a showing of immediate or emergency need. The court shall make an  order
for  temporary  child  support  notwithstanding  that  information  with
respect to income and assets of the respondent may be unavailable. Where
such information is available, the court may make an award for temporary
child support pursuant to the formula set forth in  subdivision  one  of
section  four  hundred thirteen of this act. Temporary orders of support
issued pursuant to this article shall be  deemed  to  have  been  issued
pursuant to section four hundred thirteen of this act.
  Upon  making  an  order  for  temporary child support pursuant to this
subdivision, the court shall advise the petitioner of  the  availability

S. 5821                            10

of  child support enforcement services by the support collection unit of
the local department of social services, to enforce the temporary  order
and  to  assist  in  securing continued child support, and shall set the
support  matter  down for further proceedings in accordance with article
four of this act.
  Where the court determines that the respondent  has  employer-provided
medical  insurance, the court may further direct, as part of an order of
temporary  support  under  this  subdivision,  that  a  medical  support
execution  be  issued  and  served  upon  the  respondent's  employer as
provided for in section fifty-two hundred forty-one of the  civil  prac-
tice law and rules.
  In  any  proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk
of the court shall issue to the petitioner and respondent and his  coun-
sel and to any other person affected by the order a copy of the order of
protection  or  temporary  order of protection and ensure that a copy of
the order of protection or temporary order of protection be  transmitted
to  the  local  correctional facility where the individual is or will be
detained, the state or local correctional facility where the  individual
is  or  will  be imprisoned, and the supervising probation department or
the department of corrections and community supervision where the  indi-
vidual is under probation or parole supervision.
  Notwithstanding  the  foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a  child  in  common,  regardless  of
whether  such  persons  have  been married or have lived together at any
time, or against a member of the same family or household as defined  in
subdivision one of section eight hundred twelve of this article.
  In addition to the foregoing provisions, the court may issue an order,
pursuant to section two hundred twenty-seven-c of the real property law,
authorizing the party for whose benefit any order of protection has been
issued  to terminate a lease or rental agreement pursuant to section two
hundred twenty-seven-c of the real property law.
  S 7. Subdivision 1 of section 1056 of the family court act, as amended
by chapter 622 of the laws of 1990, paragraphs (a), (b),  (c),  (d)  and
(e)  as amended and paragraph (h) as added by chapter 483 of the laws of
1995, paragraph (g) as added and paragraph (h) as relettered by  chapter
253  of  the laws of 2006 and subparagraph 1 of paragraph (g) as amended
by chapter 532 of the laws of 2008, is amended to read as follows:
  1. The court may make an order of protection in  assistance  or  as  a
condition  of  any  other  order  made  under  this  part. Such order of
protection shall remain in effect concurrently  with,  shall  expire  no
later  than  the  expiration  date  of, and may be extended concurrently
with, such other order made under  this  part,  except  as  provided  in
subdivision  four of this section. The order of protection may set forth
reasonable conditions of behavior to be observed for a specified time by
a person who is before the court and is a parent  or  a  person  legally
responsible  for  the  child's care or the spouse of the parent or other
person legally responsible for the child's care, or both. Such an  order
may require any such person
  (a)  to  stay away from the home, school, business or place of employ-
ment of the other spouse, parent or person legally responsible  for  the
child's  care  or  the  child,  and to stay away from any other specific
location designated by the court;
  (b) to permit a parent, or a person entitled to visitation by a  court
order or a separation agreement, to visit the child at stated periods;

S. 5821                            11

  (c)  to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any  criminal
offense  against  the  child  or against the other parent or against any
person to whom custody of the  child  is  awarded,  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  this  proceeding or in any other proceeding or action under this act
or the domestic relations law;
  (e) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety and welfare of a child;
  (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[.];
  (g)  1.  to  refrain  from  intentionally injuring or killing, without
justification, any companion animal the respondent knows  to  be  owned,
possessed,  leased, kept or held by the person protected by the order or
a minor child residing in such person's household.
  2. "Companion animal", as used in this section, shall  have  the  same
meaning  as  in  subdivision  five of section three hundred fifty of the
agriculture and markets law[.];
  (h) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
(A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
BE ACCOMPLISHED.
  2. FOR PURPOSES OF THIS  PARAGRAPH,  "IDENTIFICATION  DOCUMENT"  SHALL
MEAN  ANY OF THE FOLLOWING: (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (I)  to  observe such other conditions as are necessary to further the
purposes of protection.
  S 8. Paragraph a of subdivision 3  of  section  240  of  the  domestic
relations  law,  as amended by chapter 597 of the laws of 1998, subpara-
graph 7 as added and subparagraph 8 as renumbered by chapter 532 of  the
laws of 2008, is amended to read as follows:
  a.  The  court  may  make an order of protection in assistance or as a
condition of any other order made under this  section.    The  order  of
protection  may  set  forth  reasonable  conditions  of  behavior  to be
observed for a specified time by any party. Such an  order  may  require
any party:

S. 5821                            12

  (1)  to  stay away from the home, school, business or place of employ-
ment of the child, other parent or any other party,  and  to  stay  away
from any other specific location designated by the court;
  (2)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (3) to refrain from committing a family offense, as defined in  subdi-
vision one of section 530.11 of the criminal procedure law, or any crim-
inal  offense  against  the child or against the other parent or against
any person to whom custody of the child is awarded  or  from  harassing,
intimidating or threatening such persons;
  (4) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in  a  proceeding  or action under this chapter or the family court act;
[or]
  (5) to refrain from acts of commission  or  omission  that  create  an
unreasonable risk to the health, safety or welfare of a child[.];
  (6)  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[.];
  (7)  to refrain from intentionally injuring or killing, without justi-
fication, any  companion  animal  the  respondent  knows  to  be  owned,
possessed,  leased, kept or held by the person protected by the order or
a minor child residing in such person's household.  "Companion  animal,"
as  used  in this section, shall have the same meaning as in subdivision
five of section three hundred  fifty  of  the  agriculture  and  markets
law[.];
  (8)  (I)  TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
(A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
BE ACCOMPLISHED.
  (II)  FOR  PURPOSES  OF  THIS  SUBPARAGRAPH, "IDENTIFICATION DOCUMENT"
SHALL MEAN ANY OF THE FOLLOWING:   (A) EXCLUSIVELY IN THE  NAME  OF  THE
PROTECTED  PARTY:  BIRTH  CERTIFICATE,  PASSPORT,  SOCIAL SECURITY CARD,
HEALTH INSURANCE OR OTHER BENEFITS CARD, A  CARD  OR  DOCUMENT  USED  TO
ACCESS BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS,
ANY DRIVER'S LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMIT-
ED  TO  A  UNITED STATES PERMANENT RESIDENT CARD AND EMPLOYMENT AUTHORI-
ZATION DOCUMENT; AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY
TO BE HEARD, ANY OF THE FOLLOWING,  INCLUDING  THOSE  THAT  MAY  REFLECT
JOINT  USE OR OWNERSHIP, THAT THE COURT DETERMINES ARE NECESSARY AND ARE
APPROPRIATELY TRANSFERRED TO THE PROTECTED PARTY: ANY CARD  OR  DOCUMENT
USED  TO ACCESS BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX
RETURNS, AND ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (9) to observe such other conditions as are necessary to  further  the
purposes of protection.
  S  9.  Subdivision  1 of section 252 of the domestic relations law, as
amended by chapter 349 of the laws of 1995, paragraph (g) as  added  and
paragraph  (h)  as  relettered  by  chapter  532 of the laws of 2008, is
amended to read as follows:
  1. In an action for divorce, separation or annulment or in  an  action
to  declare  the  nullity  of  a void marriage in the supreme court, the
supreme court or the family court shall entertain an application for  an

S. 5821                            13

order  of  protection  or temporary order of protection by either party.
Such an order may require any party:
  (a)  to  stay away from the home, school, business or place of employ-
ment of the child, other parent or any other party,  and  to  stay  away
from any other specific location designated by the court;
  (b)  to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
  (c) to refrain from committing a family offense, as defined in  subdi-
vision one of section 530.11 of the criminal procedure law, or any crim-
inal  offense  against such child or against the other parent or against
any person to whom custody of the child is awarded  or  from  harassing,
intimidating or threatening such persons;
  (d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in a proceeding or action under this chapter or the family court act;
  (e)  to  refrain  from  acts  of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
  (f) 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; [or]
  (g) to refrain from intentionally injuring or killing, without  justi-
fication,  any  companion  animal  the  respondent  knows  to  be owned,
possessed, leased, kept or held by the person protected by the order  or
a  minor  child residing in such person's household. "Companion animal,"
as used in this section, shall have the same meaning as  in  subdivision
five  of  section  three  hundred  fifty  of the agriculture and markets
law[.];
  (h) (1) TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS  TO  THE
PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
(A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
BE ACCOMPLISHED.
  (2) FOR PURPOSES OF THIS PARAGRAPH,  "IDENTIFICATION  DOCUMENT"  SHALL
MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
  (I) to observe such other conditions as are necessary to  further  the
purposes of protection.
  S  10. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 405 of the laws  of  2010,
is amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly  conduct,  harassment  in the first degree, harassment in the

S. 5821                            14

second degree,  aggravated  harassment  in  the  second  degree,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless  endangerment,  strangulation  in  the  first
degree,  strangulation  in  the  second  degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree [or], an attempted assault, IDENTITY THEFT IN THE FIRST
DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN THE THIRD
DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY IN  THE  THIRD
DEGREE  OR  COERCION  IN  THE SECOND DEGREE AS SET FORTH IN SUBDIVISIONS
ONE, TWO AND THREE OF SECTION 135.60 OF THE PENAL LAW between spouses or
former spouses, or between parent and child or between  members  of  the
same  family  or  household  except  that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction  over
such  proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested  of  jurisdiction
to  hear  a  family  offense  proceeding  pursuant  to this section. For
purposes of  this  section,  "disorderly  conduct"  includes  disorderly
conduct not in a public place. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
  S  11.  Subdivision 1 of section 530.12 of the criminal procedure law,
as amended by chapter 416 of the laws of 1981, the opening paragraph  as
amended  by chapter 137 of the laws of 2007, paragraph (a) as amended by
chapter 702 of the laws of 1988, paragraphs (b), (c) and (d) as  amended
by  chapter  483 of the laws of 1995, paragraph (e) as amended and para-
graph (f) as added by chapter 253 of the laws of 2006 and paragraph  (g)
as  added  by  chapter  73  of  the  laws of 2007, is amended to read as
follows:
  1. When a criminal action is pending involving  a  complaint  charging
any  crime  or  violation  between  spouses,  former spouses, parent and
child, or between members of the same family or household, as members of
the same family or household are defined in subdivision one  of  section
530.11  of  this  article,  the  court,  in addition to any other powers
conferred upon it by  this  chapter  may  issue  a  temporary  order  of
protection in conjunction with any securing order committing the defend-
ant  to  the  custody  of  the sheriff or as a condition of any order of
recognizance or bail or an adjournment in contemplation of dismissal.
  (A) In addition to any other conditions, such an order may require the
defendant:  [(a)] (1) to stay away from the home,  school,  business  or
place  of  employment of the family or household member or of any desig-
nated witness, provided that the court shall make a  determination,  and
shall  state  such determination in a written decision or on the record,
whether to impose a  condition  pursuant  to  this  paragraph,  provided
further,  however,  that  failure to make such a determination shall not
affect the validity of such temporary order  of  protection.  In  making
such  determination,  the court shall consider, but shall not be limited
to consideration of, whether the temporary order of protection is likely
to achieve its purpose in the  absence  of  such  a  condition,  conduct
subject to prior orders of protection, prior incidents of abuse, past or
present injury, threats, drug or alcohol abuse, and access to weapons;

S. 5821                            15

  [(b)]  (2) to permit a parent, or a person entitled to visitation by a
court order or a separation agreement, to  visit  the  child  at  stated
periods;
  [(c)]  (3)  to refrain from committing a family offense, as defined in
subdivision one of section 530.11  of  this  article,  or  any  criminal
offense  against  the child or against the family or household member or
against any person to whom custody of the  child  is  awarded,  or  from
harassing, intimidating or threatening such persons;
  [(d)]  (4)  to refrain from acts of commission or omission that create
an unreasonable risk to the health, safety and welfare of a child, fami-
ly or household member's life or health;
  [(e)] (5) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings  not  in
issue in this proceeding or in any other proceeding or action under this
chapter, the family court act or the domestic relations law;
  [(f)  1.]  (6)  (A) to refrain from intentionally injuring or killing,
without justification, any companion animal the defendant  knows  to  be
owned,  possessed,  leased,  kept or held by the victim or a minor child
residing in the household.
  [2.] (B) "Companion animal", as used in this section, shall  have  the
same  meaning  as  in subdivision five of section three hundred fifty of
the agriculture and markets law[.
  (g)];
  (7) (A) TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS  TO  THE
PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
(I)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
ORDER  IS ISSUED; AND (II) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
BE ACCOMPLISHED.
  (B) FOR PURPOSES OF THIS SUBPARAGRAPH, "IDENTIFICATION DOCUMENT" SHALL
MEAN ANY OF THE FOLLOWING:  (I) EXCLUSIVELY IN THE NAME OF THE PROTECTED
PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
AND  (II)  UPON  MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD,
ANY OF THE FOLLOWING, INCLUDING THOSE THAT  MAY  REFLECT  JOINT  USE  OR
OWNERSHIP, THAT THE COURT DETERMINES ARE NECESSARY AND ARE APPROPRIATELY
TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
ANY OTHER IDENTIFYING CARDS AND DOCUMENTS.
  (B)  The  court  may  issue  an order, pursuant to section two hundred
twenty-seven-c of the real property law, authorizing the party for whose
benefit any order of protection has been issued to terminate a lease  or
rental  agreement  pursuant to section two hundred twenty-seven-c of the
real property law.
  S 12. This act shall take effect immediately.

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