S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1197
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the executive law, the family court act and the criminal
   procedure law,  in  relation  to  pre-dispositional  and  pre-sentence
   investigations in family offense cases

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 221-a of  the  executive  law,  as
 amended  by  chapter  368  of  the  laws  of 2013, is amended to read as
 follows:
   4. Courts and law enforcement officials, including probation officers,
 and employees of local correctional facilities  and  the  department  of
 corrections  and  community supervision who are responsible for monitor-
 ing, supervising or classification of inmates or parolees shall have the
 ability to disclose and share information with respect  to  such  orders
 and  warrants  consistent  with the purposes of this section, subject to
 applicable provisions of the family court act,  domestic  relations  law
 and  criminal  procedure law concerning the confidentiality, sealing and
 expungement of records.  DESIGNATED REPRESENTATIVES OF A LOCAL PROBATION
 SERVICE SHALL HAVE ACCESS TO INFORMATION IN THE  STATEWIDE  REGISTRY  OF
 ORDERS  OF  PROTECTION  AND  WARRANTS NECESSARY IN ORDER TO RESPOND TO A
 JUDICIAL REQUEST FOR INFORMATION PURSUANT TO SUBDIVISION SIX OF  SECTION
 EIGHT HUNDRED TWENTY-ONE-A OF THE FAMILY COURT ACT, SUBDIVISION SIX-A OF
 SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW OR, 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 PROCE-
 DURE LAW, OR TO PREPARE  AN  INVESTIGATION  AND  REPORT  IN  PROCEEDINGS
 CONDUCTED PURSUANT TO SECTIONS 351.1, SIX HUNDRED FORTY-TWO, SIX HUNDRED
 FIFTY-SIX,  SIX  HUNDRED  SIXTY-TWO,  SEVEN HUNDRED FIFTY, EIGHT HUNDRED
 THIRTY-FIVE AND SUBDIVISION (B) OF SECTION ONE THOUSAND  FORTY-SEVEN  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03479-01-7
              

 A. 1197                             2
 
 THE  FAMILY  COURT  ACT  OR ARTICLE THREE HUNDRED NINETY OF THE CRIMINAL
 PROCEDURE LAW.
   §  2.  The  section  heading and subdivision (a) of section 835 of the
 family court act, as amended by chapter 529 of the  laws  of  1963,  are
 amended to read as follows:
   Sequence of hearings; PROBATION INVESTIGATIONS AND REPORTS.
   (a)  Upon  completion  of  the fact-finding hearing, the dispositional
 hearing may commence immediately after the required findings  are  made.
 IN  AID  OF ITS DISPOSITION, THE COURT MAY ADJOURN THE PROCEEDING FOR AN
 INVESTIGATION AND REPORT BY A LOCAL PROBATION SERVICE. FOR THE  PURPOSES
 OF THIS ARTICLE, THE PROBATION INVESTIGATION AND REPORT MAY INCLUDE, BUT
 IS  NOT  LIMITED  TO:  THE PRESENCE OR ABSENCE OF AGGRAVATING FACTORS AS
 DEFINED IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION  EIGHT  HUNDRED
 TWENTY-SEVEN  OF  THIS  ARTICLE, THE EXTENT OF INJURIES OR OUT-OF-POCKET
 LOSSES TO THE VICTIM WHICH MAY FORM THE BASIS FOR AN ORDER  OF  RESTITU-
 TION  PURSUANT  TO SUBDIVISION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF
 THIS ARTICLE, THE HISTORY OF  THE  RESPONDENT  WITH  RESPECT  TO  FAMILY
 OFFENSES  AND  ORDERS OF PROTECTION IN THIS OR OTHER COURTS, WHETHER THE
 RESPONDENT IS IN POSSESSION OF ANY FIREARMS  AND,  IF  SO,  WHETHER  THE
 RESPONDENT  IS  LICENSED  OR OTHERWISE AUTHORIZED TO BE IN POSSESSION OF
 SUCH FIREARMS.
   § 3. Subdivision 3 of section 390.20 of the criminal procedure law  is
 amended to read as follows:
   3.  Permissible  in any case. For purposes of sentence, ISSUANCE OF AN
 ORDER OF PROTECTION PURSUANT TO SUBDIVISION FIVE OF  SECTION  530.12  OF
 THIS CHAPTER OR, 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 THIS CHAPTER, the court may, in its discretion, order
 a pre-sentence investigation and report in  any  case,  irrespective  of
 whether  such investigation and report is required by subdivision one or
 two OF THIS SECTION.
   § 4. Subdivision 4 of section 390.30 of the criminal procedure law, as
 amended by chapter 618 of the laws of 1992,  the  opening  paragraph  as
 amended  by  section  50 of part A of chapter 56 of the laws of 2010, is
 amended to read as follows:
   4. Abbreviated investigation and short form report.  In  lieu  of  the
 procedure  set forth in subdivisions one, two and three of this section,
 where the conviction is of a misdemeanor OR FAMILY OFFENSE,  AS  DEFINED
 IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, OTHER THAN A FELO-
 NY, the scope of the pre-sentence investigation may be abbreviated and a
 short  form  report  may be made.  The use of abbreviated investigations
 and short form reports, the matters to be covered therein and  the  form
 of  the reports shall be in accordance with the general rules regulating
 methods and procedures in the administration  of  probation  as  adopted
 from  time  to  time  by  the  commissioner  of the division of criminal
 justice services pursuant to the provisions of  article  twelve  of  the
 executive  law.  No  such  rule,  however,  shall  be construed so as to
 relieve the agency conducting the investigation of the duty of  investi-
 gating and reporting upon:
   (a)  the  extent of the injury or economic loss and the actual out-of-
 pocket loss to the victim including the amount of restitution and  repa-
 ration  sought  by the victim, after the victim has been informed of the
 right to seek restitution and reparation, or
   (b) IN A CASE INVOLVING A FAMILY OFFENSE, AS  DEFINED  IN  SUBDIVISION
 ONE OF SECTION 530.11 OF THIS CHAPTER, THE DEFENDANT'S HISTORY OF FAMILY
 OFFENSES  AND ORDERS OF PROTECTION, INCLUDING VIOLATIONS, IN PROCEEDINGS

 A. 1197                             3
 
 OR ACTIONS IN THIS OR OTHER COURTS, THE EXTENT OF INJURIES OR THREATS OF
 INJURY TO THE COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY  OR  HOUSE-
 HOLD,  THE  USE  OR  THREATENED USE OF DANGEROUS INSTRUMENTS AGAINST THE
 COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY OR HOUSEHOLD, WHETHER THE
 DEFENDANT IS IN POSSESSION OF ANY FIREARMS AND, IF SO, WHETHER DEFENDANT
 IS  LICENSED  OR  OTHERWISE  AUTHORIZED  TO  BE  IN  POSSESSION  OF SUCH
 FIREARMS, THE EXTENT TO WHICH THE DEFENDANT POSES AN IMMEDIATE AND ONGO-
 ING DANGER TO THE COMPLAINANT OR MEMBERS OF THE COMPLAINANT'S FAMILY  OR
 HOUSEHOLD  AND ANY OTHER INFORMATION RELEVANT TO THE ISSUE OF WHETHER AN
 ORDER OF PROTECTION, IN ADDITION TO ANY  OTHER  DISPOSITION,  SHOULD  BE
 ISSUED  IN  ACCORDANCE  WITH  SUBDIVISION FIVE OF SECTION 530.12 OF THIS
 CHAPTER, OR
   (C) any matter relevant to the question of sentence OR ISSUANCE OF  AN
 ORDER  OF PROTECTION that the court directs to be included in particular
 cases.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.