senate Bill S5877

2013-2014 Legislative Session

relates to the scope of orders of protection and temporary orders of protection

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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 rules
returned to senate
died in assembly
Jun 21, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1586
Jun 18, 2013 referred to rules

Votes

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S5877 - Bill Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L

S5877 - Bill Texts

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Relates to the scope of orders of protection and temporary orders of protection.

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BILL NUMBER:S5877 REVISED 6/26/13

TITLE OF BILL: An act to amend the domestic relations law, the family
court act and the criminal procedure law, in relation to the scope of
orders of protection and temporary orders of protection

Purpose:

This bill would enact part of the New York Women's Agenda, which would
break down barriers that perpetuate discrimination and inequality
based on gender. New York State has a proud history and tradition of
leading the nation in progressive ideals and reforms This is
especially so with respect to women's rights in 1843, the women's
suffrage movement was born at the first Women's Rights Convention in
Seneca Falls, New York. From that moment in time and continuing
through today, the state has been the home of female leaders and
visionaries, from Elizabeth Cady Stanton who initiated the first
organized women's rights and women's suffrage movements, to Audre
Lorde, a leading African-American poet and essayist who gave voice to
women's issues, and Gloria Steinem, the journalist, author and
activist. These New Yorkers have served as role models for not only
their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a
progressive leader on women's rights. Today, statistics clearly show
that women in New York State are not treated equally to men.

The New York Women's Agenda will break down barriers that perpetuate
discrimination and inequality based on gender. New York has served as
a model for equality and fairness on several issues including women's
rights. The New York Women's Agenda will return the State to its
rightful place as a leader on women's equality.

Summary of Bills:

6) Strengthening Orders of Protection

This bill would amend the Family Court Act, the Criminal Procedure
Law, and the Domestic Relations Law to make clear that a protected
party in whose favor the order of protection or temporary order of
protection is issued may not be held to violate such order and that
the protected party cannot be arrested for violating such order.

Existing Law:

This bill would impact existing provisions of law regarding orders of
protection that are available under the Family Court Act.

Statement in Support:

Protecting Victims of Domestic Violence by Strengthening Order of
Protection

Budget Implications:

This bill has no budget implications for the State.


Effective Date:

This bill would take effect 90 days after enactment.

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

                                  5877

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. YOUNG, SAVINO, LITTLE, RITCHIE, MARCHIONE, ROBACH,
  HANNON -- (at request of the  Governor)  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the domestic relations law, the family court act and the
  criminal  procedure  law,  in  relation  to  the  scope  of  orders of
  protection and temporary orders of protection

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

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
forty of the domestic relations law". THE ORDER OF PROTECTION SHALL ALSO
CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL  REMAIN  IN
EFFECT  EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR
COMMUNICATION WITH THE PARTY AGAINST WHOM  THE  ORDER  IS  ISSUED.  THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING  THIS  ORDER.".  The absence of such language shall not affect
the validity of such order.  The presentation of a copy of such an order
to any peace officer acting pursuant to his or her  special  duties,  or
police officer, shall constitute authority, for that officer to arrest a
person  when  that  person  has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the officer's power, to aid in securing the protection  such  order  was
intended to afford.
  I.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12055-01-3

S. 5877                             2

AN  ORDER  NOR  MAY  SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH
ORDER.
  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law".  THE ORDER OF PROTECTION SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE,  CONTACT
OR  COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED.  THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
the validity of such order.  The presentation of a copy of such an order
to  any  peace  officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of  such  an  order,  and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  9-A.  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  3.  Section  155 of the family court act is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3.  Any order of protection or temporary order of protection issued by
the family court shall bear, in a conspicuous manner, the  language,  as
the  case  may  be,  "this  order constitutes an order of protection" or
"this order constitutes a temporary order of protection", on  the  front
page  of  said  order.    THE  ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION SHALL ALSO CONTAIN  THE  FOLLOWING  NOTICE:  "THIS  ORDER  OF
PROTECTION  WILL  REMAIN  IN  EFFECT EVEN IF THE PROTECTED PARTY HAS, OR
CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY  AGAINST  WHOM
THE  ORDER  IS ISSUED.  THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR
TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD  TO  VIOLATE
THIS  ORDER  NOR  BE ARRESTED FOR VIOLATING THIS ORDER.". The absence of
such language shall not affect the validity of such order.
  S 5. Section 446 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 6. Section 551 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER

S. 5877                             3

ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S  7.  Section  656 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  8.  Section  759 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  9.  Section  842 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  10.  Section 846 of the family court act is amended by adding a new
subdivision (a-1) to read as follows:
  (A-1) THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  11. Section 1056 of the family court act is amended by adding a new
subdivision 7 to read as follows:
  7. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
amended  by  adding  a  new  second  undesignated  paragraph  to read as
follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
closing paragraph of subdivision 6 as added by chapter 222 of  the  laws
of  1994 and subdivision 8 as amended by section 81 of subpart B of part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6. An order of protection or a temporary order  of  protection  issued
pursuant  to  subdivision  one, two, three, four or five of this section
shall bear in a conspicuous manner the term  "order  of  protection"  or
"temporary  order  of protection" as the case may be and a copy shall be
filed by the clerk of the court with the sheriff's office in the  county
in  which the complainant resides, or, if the complainant resides within
a city, with  the  police  department  of  such  city.    THE  ORDER  OF
PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  SHALL ALSO CONTAIN THE
FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN IN  EFFECT  EVEN
IF  THE  PROTECTED  PARTY  HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNI-
CATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED.   THIS ORDER  OF
PROTECTION  CAN  ONLY  BE  MODIFIED  OR  TERMINATED  BY  THE  COURT. THE

S. 5877                             4

PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
the  validity  of  such  order.    A 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 residence, work place, and school of anyone
intended to be protected by such order. A copy of the order may also  be
filed  by  the complainant at the appropriate police department or sher-
iff's office having jurisdiction. Any subsequent amendment or revocation
of such order shall be filed in the same manner as herein provided.
  Such order of protection shall plainly state the date that such  order
expires.
  8.  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  complainant  and  defendant  and
defense  counsel 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 department of corrections and community supervision  where
the  individual  is under probation or parole supervision. The presenta-
tion of a copy of such order or a warrant to any  peace  officer  acting
pursuant to his or her special duties or police officer shall constitute
authority  for  him or her to arrest a person who has violated the terms
of such order and bring such person before the court and, otherwise,  so
far  as  lies within his or her power, to aid in securing the protection
such order was intended to afford.  THE PROTECTED PARTY IN  WHOSE  FAVOR
THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED MAY
NOT BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY  SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S  14. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be  adjudged  by  a  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  15.  This  act shall take effect immediately and shall apply to all
orders of protection regardless of when such orders were issued,  except
that:
  (a)  the  amendments to paragraph b of subdivision 3 of section 240 of
the domestic relations law made by section one of this act,  the  amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by  section  two of this act, the amendments to subdivision 3 of section
168 of the family court act made by section four of this  act,  and  the
amendments  to subdivision 6 of section 530.12 of the criminal procedure
law made by section thirteen of this act shall take effect on the  nine-
tieth  day  after  this  act shall have become a law, and shall apply to
orders of protection issued on or after such effective date; and
  (b) the amendments to subdivision 4 of section 140.10 of the  criminal
procedure  law, made by section twelve of this act, shall not affect the
repeal of such subdivision, and shall be deemed repealed therewith.

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