S T A T E O F N E W Y O R K
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1881
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to authorizing a court to file non-family offense temporary
orders of protection and orders of protection with the computerized
registry established for such information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 530.13 of the criminal procedure
law, as amended by chapter 462 of the laws of 2002, is amended to read
as follows:
5. The court shall inquire as to the existence of any other orders of
protection between the defendant and the person or persons for whom the
order of protection is sought. An order of protection issued under this
section shall plainly state the date that such order expires. Orders of
protection issued to protect victims of domestic violence, as defined in
section four hundred fifty-nine-a of the social services law, shall be
on uniform statewide forms that shall be promulgated by the chief admin-
istrator of the courts in a manner to ensure the compatibility of such
forms with the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of the execu-
tive law. A copy of an order of protection or a temporary order of
protection issued pursuant to subdivision one, two, three, or four of
this section shall be filed by the clerk of the court with the sheriff's
office in the county in which such victim or victims reside, or, if the
victim or victims reside within a city, with the police department of
such city, AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS
OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW WHERE THE COURT DETERMINES
THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER. A
copy of such order of protection or temporary order of protection may
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05219-01-5
A. 1881 2
from time to time be filed by the clerk of the court with any other
police department or sheriff's office having jurisdiction of the resi-
dence, work place, and school of anyone intended to be protected by such
order. A copy of the order may also be filed by the victim or victims at
the appropriate police department or sheriff's office having jurisdic-
tion. Any subsequent amendment or revocation of such order shall be
filed in the same manner as herein provided.
S 2. Subdivision 1 of section 221-a of the executive law, as separate-
ly amended by sections 14 and 67 of part A of chapter 56 of the laws of
2010, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, office of court administration, and the office for the
prevention of domestic violence, shall develop a comprehensive plan for
the establishment and maintenance of a statewide computerized registry
of all orders of protection issued pursuant to articles four, five, six
and eight of the family court act, section 530.12 of the criminal proce-
dure law and, insofar as they involve victims of domestic violence as
defined by section four hundred fifty-nine-a of the social services law,
section 530.13 of the criminal procedure law and sections two hundred
forty and two hundred fifty-two of the domestic relations law AND THOSE
ORDERS OF PROTECTION WHICH A COURT ORDERS FILED WITH THE REGISTRY PURSU-
ANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW,
AND ANY WARRANT ARISING THEREFROM, and orders of protection issued by
courts of competent jurisdiction in another state, territorial or tribal
jurisdiction, special orders of conditions issued pursuant to subpara-
graph (i) or (ii) of paragraph (o) of subdivision one of section 330.20
of the criminal procedure law insofar as they involve a victim or
victims of domestic violence as defined by subdivision one of section
four hundred fifty-nine-a of the social services law or a designated
witness or witnesses to such domestic violence, and all warrants issued
pursuant to sections one hundred fifty-three and eight hundred twenty-
seven of the family court act, and arrest and bench warrants as defined
in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of
the criminal procedure law, insofar as such warrants pertain to orders
of protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section 530.13 of the criminal procedure law EXCEPT AS PROVIDED FOR IN
THIS SUBDIVISION shall not be included in the registry. The superinten-
dent shall establish and maintain such registry for the purposes of
ascertaining the existence of orders of protection, temporary orders of
protection, warrants and special orders of conditions, and for enforcing
the provisions of paragraph (b) of subdivision four of section 140.10 of
the criminal procedure law.
S 3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.