Senate Bill S6956

2015-2016 Legislative Session

Relates to notification of rights of victims of domestic violence in criminal and family court proceedings

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2016	referred to judiciary delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1119
Mar 09, 2016	referred to children and families

Votes

- Jun 6, 2016 - Floor Vote
  S6956
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 6, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  May 24, 2016 - Children And Families Committee Vote
  S6956
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Children And Families Committee Vote: May 24, 2016
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      Young

2015-S6956 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §812, Fam Ct Act; amd §530.11, CP L

2015-S6956 (ACTIVE) - Summary

Relates to notification of rights of victims of domestic violence in criminal and family court proceedings.

2015-S6956 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6956            REVISED MEMO 06/06/2016

 TITLE OF BILL :  An act to amend the family court act and the
criminal procedure law, in relation to notification of rights of
victims of domestic violence in criminal and family court proceedings

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court and Rules Advisory Committee.

The amendments to Family Court Act § 812 and Criminal Procedure Law §
530.11, contained in the comprehensive domestic violence statute
enacted in 1994 (L. 1994, c. 222, 224), included important protections
for alleged victims of domestic violence. The statutes placed a
collective responsibility upon law enforcement, prosecutors and the
courts to ensure that victims would be made aware of their rights, of
the expectations they may have to obtain assistance from both the
civil and criminal justice systems and of the remedies and resources
available to them. The notice must be in writing in both English and
Spanish and must recite the statutory language verbatim.  Law
enforcement has provided the notice as part of the victims' copy of
the "Domestic Incident Report" and the court system has made the
notices available in eight languages. See www.nycourts.gov. However,
the required language in the notice is overly complex and,
particularly where alleged victims of domestic violence are
unrepresented, has impeded the statutory goal of making the justice

system fully responsive to the needs of victims of abuse.

This measure would amend Family Court Act § 812 and Criminal Procedure
Law § 530.11 to substantially simplify the language contained in the
notice to victims without compromising the breadth of information it
provides. The measure adds flexibility by providing that the notice
use substantially the language provided and that it be made available
at minimum in plain English and Spanish. As the chart below indicates,
using five generally accepted means of measurement of the grade level
of the language used, the notice proposed by this measure averages 6.7
(middle school) in grade level compared to the 14.0 (college level)
average of the existing notice and its readability score is almost
twice that of the current notice:*


Measurement Formula         Existing Notice          Proposed Notice

Flesch-Kincaid Grade Level     13.9                      5.5
Gunning-Fog Score              17.7                      8.8
Coleman-Liau Index             11.5                      7.8
SMOG Index                     13.3                      7.0
Automated Readability Index    13.8                      4.3
Average Grade Level            14.0                      6.7


Text Statistics

Character Count                2363                      1591
Syllable Count                 820                        528
Word Count                     510                        396
Sentence Count                 19                          29
Characters per Word            4.6                          4.0
Syllables per Word             1.6                          1.3
Words per Sentence             26.8                        13.7
Readability Score              43.6                        80.2
(Flesch-Kincaid; scale: 1 to 100)


The language in the proposed notice mirrors the basic principles of
writing in plain English, in particular, the use of short, declarative
sentences, use of personal pronouns, use of active voice, avoidance of
legal terms and organization into easy-to-read bullets.  See, e.g.,
Federal Plain Language Guidelines (www.plainlanguage.gov ); Writing
for Self-represented Litigants: A Guide for Maryland Courts and Legal
Services Providers (Md. Access to Justice Commission, Nov., 2012). As
indicated on the web-site www.writeclearly.org;

Roughly 50% of native English-speaking Americans are unable to read at
the 8th grade level; another 20% are only functionally literate.

Limited English speakers find it particularly difficult to navigate
legal texts that contain strange words and describe unfamiliar
procedures. These readers are substantially disadvantaged in accessing
legal information.

Research has demonstrated that where documents are too complex for
readers, they generally stop reading. ' See W.H. DuBay, "Principles of
Readability, Readability and Reader Persistence," at 30 (National
Adult Literacy Database, 2004; www.nald.ca).

Utilization of plain English is particularly important for victims of
domestic violence, who may be experiencing trauma as a result of the
alleged abusive incident or incidents, trauma that itself makes it
more difficult for victims to understand their options and to make the
often difficult decisions required at the outset of abuse cases.
Significantly, victims are most often not represented by counsel
either at the point of a law enforcement response to a call to 911 or
upon their first appearances in Family Court seeking temporary orders
of protection. Noting the high incidence of unrepresented litigants in
family law-related matters in New York State courts, the 2010, 2014
and 2015 Reports to the Chief Judge of the Task Force (now Permanent
Commission) to Expand Access to Civil Legal Services in New York
included simplification of forms among the recommendations. In
drastically reducing the complexity of the statutorily required notice
to victims of domestic violence, this measure would fulfill those
recommendations and would enhance the capacity of the justice system
to respond effectively to victims' needs.

This measure, which would have no fiscal impact on the State, would
take effect 90 days after it shall become a law.

 LEGISLATIVE HISTORY :

None. New proposal.


*See www.readability-score.com (visited Dec.20,2015.)

2015-S6956 (ACTIVE) - Bill Text download pdf

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

                                  6956

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced by Sen. SERINO -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the family court act and the criminal procedure law,  in
  relation  to notification of rights of victims of domestic violence in
  criminal and family court proceedings

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

  Section  1.  Subdivision  5 of section 812 of the family court act, as
amended by chapter 224 of the laws  of  1994,  is  amended  to  read  as
follows:
  5.  Notice.  Every  police officer, peace officer or district attorney
investigating a family offense  under  this  article  shall  advise  the
victim  of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the  legal
rights  and remedies available to a victim of a family offense under the
relevant provisions of THIS ACT, the criminal procedure law[, the family
court act] and the domestic relations law. Such notice shall  be  avail-
able,  AT MINIMUM, in PLAIN English and Spanish and, if necessary, shall
be delivered orally and shall include but not be limited to SUBSTANTIAL-
LY the following statement:
  ["If you are the victim of domestic violence, you may request that the
officer assist in providing for your safety and that of  your  children,
including  providing  information  on how to obtain a temporary order of
protection. You may also request that the officer assist you in  obtain-
ing  your  essential  personal  effects  and locating and taking you, or
assist in making arrangement to take you, and your children  to  a  safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a  similar place of safety. When the officer's jurisdiction is more than
a single county, you may ask the officer to take you  or  make  arrange-
ments  to  take you and your children to a place of safety in the county
where the incident occurred. If you or your  children  are  in  need  of
medical treatment, you have the right to request that the officer assist

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

                                                           LBD14176-01-6

S. 6956                             2

you  in  obtaining such medical treatment. You may request a copy of any
incident reports at no cost from the law enforcement  agency.  You  have
the  right to seek legal counsel of your own choosing and if you proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a  criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against  you.  You
have  the  right  to  have  your  petition  and  request for an order of
protection filed on the same day you appear in court, and  such  request
must  be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you  and  your  children.  The
family  court  may also order the payment of temporary child support and
award temporary custody of your children. If the family court is not  in
session,  you  may  seek immediate assistance from the criminal court in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses  and  tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing  800 numbers (the statewide English and Spanish language 800 numbers
shall be listed and space shall be provided for local domestic  violence
hotline telephone numbers).
  Filing  a  criminal  complaint  or  a family court petition containing
allegations that are knowingly false is a crime."] "ARE YOU  THE  VICTIM
OF  DOMESTIC  VIOLENCE?  IF YOU NEED HELP NOW, CALL 911. THE POLICE WILL
COME RIGHT AWAY. THIS IS WHAT THE POLICE CAN DO:
  THEY CAN PROTECT YOU AND YOUR CHILDREN.
  THEY CAN GET YOU AND YOUR CHILDREN TO A SAFE PLACE SUCH AS A FAMILY OR
FRIEND'S HOUSE OR A SHELTER IN YOUR COMMUNITY.
  THEY CAN HELP YOU GET TO A HOSPITAL OR CLINIC FOR MEDICAL CARE.
  THEY CAN HELP YOU GET YOUR PERSONAL BELONGINGS.
  THEY CAN GET YOU A COPY OF THE POLICE REPORT FOR FREE.
  THEY MAY AND SOMETIMES MUST ARREST THE PERSON WHO HARMED  YOU  IF  YOU
ARE THE VICTIM OF A CRIME.
IF YOU HAVE BEEN ABUSED OR THREATENED, THIS IS WHAT YOU CAN ASK FOR:
  YOU CAN ASK THE COURT FOR AN ORDER OF PROTECTION.
  YOU  CAN  ASK  THE  DISTRICT  ATTORNEY OR THE POLICE OFFICER TO FILE A
CRIMINAL COMPLAINT.
  YOU CAN FILE A PETITION IN FAMILY  COURT  AND  ASK  FOR  AN  ORDER  OF
PROTECTION THERE.
IF YOU GO TO FAMILY COURT, YOU HAVE THESE RIGHTS:
  TO HAVE YOUR FAMILY COURT PETITION FILED THE SAME DAY YOU GO TO COURT.
  TO  HAVE YOUR REQUEST HEARD IN COURT THE SAME DAY YOU FILE OR THE NEXT
DAY COURT IS OPEN.
YOU CAN ASK FOR AN ORDER OF  PROTECTION  IN  CRIMINAL  COURT  OR  FAMILY
COURT. (INSERT ADDRESSES AND CONTACT INFORMATION FOR COURTS). THAT ORDER
MAY INCLUDE THESE THINGS:
  THAT THE OTHER PERSON STAY AWAY FROM YOU AND YOUR CHILDREN.
  THAT YOU HAVE CUSTODY OF YOUR CHILDREN.
  THAT THE OTHER PERSON PAY CHILD SUPPORT FOR NOW.

S. 6956                             3

YOU  CAN  GO  RIGHT  NOW  TO  A  CRIMINAL  COURT  TO ASK FOR AN ORDER OF
PROTECTION IF THE FAMILY COURT IS CLOSED  BECAUSE  IT  IS  NIGHTTIME,  A
WEEKEND, OR A HOLIDAY.
YOU  DO NOT NEED A LAWYER TO ASK FOR AN ORDER OF PROTECTION. BUT IT IS A
GOOD IDEA, ESPECIALLY IF YOU HAVE CHILDREN. IF  YOU  CANNOT  PAY  FOR  A
LAWYER, THE FAMILY COURT MAY APPOINT ONE FOR YOU.
YOU  CAN  GET  THE  FORMS  YOU NEED TO ASK FOR AN ORDER OF PROTECTION AT
FAMILY COURT AND AT YOUR LOCAL CRIMINAL COURT. YOU  CAN  ALSO  GET  THEM
ONLINE:  WWW.NYCOURTS.GOV/FORMS.
YOU CAN CALL A HOT-LINE FOR HELP (INSERT HOT-LINE NUMBERS).
IT  IS  A  CRIME TO FILE A CRIMINAL COMPLAINT OR A FAMILY COURT PETITION
WHICH SAYS THINGS THAT YOU KNOW ARE FALSE."
  The division of criminal justice services  in  consultation  with  the
state  office  for the prevention of domestic violence shall prepare the
form of such written notice  consistent  with  the  provisions  of  this
section and distribute copies thereof to the appropriate law enforcement
officials  pursuant  to subdivision nine of section eight hundred forty-
one of the executive law. Additionally, copies of such notice  shall  be
provided  to  the chief administrator of the courts to be distributed to
victims of family offenses through the family court at such time as such
persons first come before the court  and  to  the  state  department  of
health  for  distribution to all hospitals defined under article twenty-
eight of the public health law. No cause of  action  for  damages  shall
arise in favor of any person by reason of any failure to comply with the
provisions of this subdivision except upon a showing of gross negligence
or willful misconduct.
  S 2. Subdivision 6 of section 530.11 of the criminal procedure law, as
amended  by  chapter  224  of  the  laws  of 1994, is amended to read as
follows:
  6. Notice. Every police officer, peace officer  or  district  attorney
investigating  a  family  offense  under  this  article shall advise the
victim of the availability of a shelter or other services in the  commu-
nity,  and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under  the
relevant  provisions  of  [the criminal procedure law] THIS CHAPTER, the
family court act and the domestic relations law. Such  notice  shall  be
prepared,  AT MINIMUM, in PLAIN ENGLISH AND Spanish [and English] and if
necessary, shall be delivered orally,  and  shall  include  but  not  be
limited to SUBSTANTIALLY the following statement:
  ["If you are the victim of domestic violence, you may request that the
officer  assist  in providing for your safety and that of your children,
including providing information on how to obtain a  temporary  order  of
protection.  You may also request that the officer assist you in obtain-
ing your essential personal effects and  locating  and  taking  you,  or
assist  in  making arrangements to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more  than
a  single  county,  you may ask the officer to take you or make arrange-
ments to take you and your children to a place of safety in  the  county
where  the  incident  occurred.  If  you or your children are in need of
medical treatment, you have the right to request that the officer assist
you in obtaining such medical treatment. You may request a copy  of  any
incident  reports  at  no cost from the law enforcement agency. You have
the right to seek legal counsel of your own choosing and if you  proceed

S. 6956                             4

in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a  criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against  you.  You
have  the  right  to  have  your  petition  and  request for an order of
protection filed on the same day you appear in court, and  such  request
must  be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you  and  your  children.  The
family  court  may also order the payment of temporary child support and
award temporary custody of your children. If the family court is not  in
session,  you  may  seek immediate assistance from the criminal court in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses  and  tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing  800 numbers (the statewide English and Spanish language 800 numbers
shall be listed and space shall be provided for local domestic  violence
hotline telephone numbers).
  Filing  a  criminal  complaint  or  a family court petition containing
allegations that are knowingly false is a crime."] "ARE YOU  THE  VICTIM
OF  DOMESTIC  VIOLENCE?  IF YOU NEED HELP NOW, CALL 911. THE POLICE WILL
COME RIGHT AWAY. THIS IS WHAT THE POLICE CAN DO:
  THEY CAN PROTECT YOU AND YOUR CHILDREN.
  THEY CAN GET YOU AND YOUR CHILDREN TO A SAFE PLACE SUCH AS A FAMILY OR
FRIEND'S HOUSE OR A SHELTER IN YOUR COMMUNITY.
  THEY CAN HELP YOU GET TO A HOSPITAL OR CLINIC FOR MEDICAL CARE.
  THEY CAN HELP YOU GET YOUR PERSONAL BELONGINGS.
  THEY CAN GET YOU A COPY OF THE POLICE REPORT FOR FREE.
  THEY MAY AND SOMETIMES MUST ARREST THE PERSON WHO HARMED  YOU  IF  YOU
ARE THE VICTIM OF A CRIME.
IF YOU HAVE BEEN ABUSED OR THREATENED, THIS IS WHAT YOU CAN ASK FOR:
  YOU CAN ASK THE COURT FOR AN ORDER OF PROTECTION.
  YOU  CAN  ASK  THE  DISTRICT  ATTORNEY OR THE POLICE OFFICER TO FILE A
CRIMINAL COMPLAINT.
  YOU CAN FILE A PETITION IN FAMILY  COURT  AND  ASK  FOR  AN  ORDER  OF
PROTECTION THERE.
IF YOU GO TO FAMILY COURT, YOU HAVE THESE RIGHTS:
  TO HAVE YOUR FAMILY COURT PETITION FILED THE SAME DAY YOU GO TO COURT.
  TO  HAVE YOUR REQUEST HEARD IN COURT THE SAME DAY YOU FILE OR THE NEXT
DAY COURT IS OPEN.
YOU CAN ASK FOR AN ORDER OF  PROTECTION  IN  CRIMINAL  COURT  OR  FAMILY
COURT. (INSERT ADDRESSES AND CONTACT INFORMATION FOR COURTS). THAT ORDER
MAY INCLUDE THESE THINGS:
  THAT THE OTHER PERSON STAY AWAY FROM YOU AND YOUR CHILDREN.
  THAT YOU HAVE CUSTODY OF YOUR CHILDREN.
  THAT THE OTHER PERSON PAY CHILD SUPPORT FOR NOW.
YOU  CAN  GO  RIGHT  NOW  TO  A  CRIMINAL  COURT  TO ASK FOR AN ORDER OF
PROTECTION IF THE FAMILY COURT IS CLOSED  BECAUSE  IT  IS  NIGHTTIME,  A
WEEKEND, OR A HOLIDAY.

S. 6956                             5

YOU  DO NOT NEED A LAWYER TO ASK FOR AN ORDER OF PROTECTION. BUT IT IS A
GOOD IDEA, ESPECIALLY IF YOU HAVE CHILDREN. IF  YOU  CANNOT  PAY  FOR  A
LAWYER, THE FAMILY COURT MAY APPOINT ONE FOR YOU.
YOU  CAN  GET  THE  FORMS  YOU NEED TO ASK FOR AN ORDER OF PROTECTION AT
FAMILY COURT AND AT YOUR LOCAL CRIMINAL COURT. YOU  CAN  ALSO  GET  THEM
ONLINE: WWW.NYCOURTS.GOV/FORMS.
YOU CAN CALL A HOT-LINE FOR HELP (INSERT HOT-LINE NUMBERS).
IT  IS  A  CRIME TO FILE A CRIMINAL COMPLAINT OR A FAMILY COURT PETITION
WHICH SAYS THINGS THAT YOU KNOW ARE FALSE."
  The division of criminal justice services  in  consultation  with  the
state  office  for the prevention of domestic violence shall prepare the
form of such written notice consistent with provisions of  this  section
and  distribute  copies thereof to the appropriate law enforcement offi-
cials pursuant to subdivision nine of section eight hundred forty-one of
the executive law.
  Additionally, copies of such notice shall be  provided  to  the  chief
administrator  of  the  courts  to  be  distributed to victims of family
offenses through the criminal court at such time as such  persons  first
come before the court and to the state department of health for distrib-
ution  to all hospitals defined under article twenty-eight of the public
health law. No cause of action for damages shall arise in favor  of  any
person  by  reason  of any failure to comply with the provisions of this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S6956

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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Votes

Jun 6, 2016 - Floor Vote

Floor Vote: Jun 6, 2016

May 24, 2016 - Children And Families Committee Vote

Children And Families Committee Vote: May 24, 2016

2015-S6956 (ACTIVE) - Details

2015-S6956 (ACTIVE) - Summary

2015-S6956 (ACTIVE) - Sponsor Memo

2015-S6956 (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2015-S6956

Senate Bill S6956

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

2015-S6956 (ACTIVE) - Details

2015-S6956 (ACTIVE) - Summary

2015-S6956 (ACTIVE) - Sponsor Memo

2015-S6956 (ACTIVE) - Bill Text download pdf

Comments