Assembly Bill A10094

2015-2016 Legislative Session

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-A10094 (ACTIVE) - Details

See Senate Version of this Bill:
S3335
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.13-a, CP L; add §153-d, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A10663, S733
2011-2012: A3677, S2942
2013-2014: A6289, S3622
2017-2018: A4370, S4060
2019-2020: A3093, S375
2021-2022: S4496
2023-2024: S2828

2015-A10094 (ACTIVE) - Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

2015-A10094 (ACTIVE) - Bill Text download pdf

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

                                  10094

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to notification of service of ex parte orders of protection

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 530.13-a to read as follows:
S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
  1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
SERVED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
  S 2. The family court act is amended by adding a new section 153-d  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01290-01-5
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.