Assembly Bill A5835

2017-2018 Legislative Session

Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

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

co-Sponsors

multi-Sponsors

2017-A5835 (ACTIVE) - Details

See Senate Version of this Bill:
S3116
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §577, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7639
2011-2012: S3970
2013-2014: S2718, S6275
2015-2016: A6896, S1771
2019-2020: A3419, S5086
2021-2022: A4516, S5641
2023-2024: A1958, S7193

2017-A5835 (ACTIVE) - Summary

Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

2017-A5835 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5835
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation to victims of domestic
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section 577 to
 read as follows:
   §  577.  VIOLENT  FELON  REMOVED  FROM  DEED  WITH  VICTIM. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH IN
 SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW;
   (B) "VICTIM OF DOMESTIC VIOLENCE" SHALL  MEAN  ANY  PERSON  WHO  IS  A
 VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND
   (I)  SUCH  ACT  OR  ACTS HAVE RESULTED IN ACTUAL PHYSICAL OR EMOTIONAL
 INJURY OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL  HARM
 TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
   (II)  SUCH  ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A
 FAMILY OR HOUSEHOLD MEMBER.
   2. ANY VICTIM OF DOMESTIC VIOLENCE WHO HOLDS TITLE  TO  REAL  PROPERTY
 WITH  THE  PERSON  WHO WAS CONVICTED OF THE VIOLENT FELONY OFFENSE WHICH
 CONSTITUTED THE DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY  TO  THE
 COUNTY  CLERK  IN  THE  COUNTY IN WHICH SUCH REAL PROPERTY IS LOCATED TO
 REMOVE THE NAME OF SUCH VIOLENT FELONY OFFENDER FROM THE  DEED  OF  SUCH
 REAL  PROPERTY.  APPLICATION  SHALL  BE  MADE IN A MANNER AND FORM TO BE
 DETERMINED BY SUCH COUNTY CLERK.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06173-01-7

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.