Assembly Bill A2082

2019-2020 Legislative Session

Sets forth additional conditions which may be available in an order of protection

download bill text pdf

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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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2019-A2082 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.12, CP L; amd §§446, 656, 842 & 1056, add §842-b, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A5842
2011-2012: A2840
2013-2014: A579
2015-2016: A1363
2017-2018: A760
2021-2022: A1882
2023-2024: A3617

2019-A2082 (ACTIVE) - Summary

Expands upon conditions which may be included in an order of protection issued for victims of domestic violence and makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.

2019-A2082 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2082
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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 family court act,  in
   relation to orders of protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 530.12 of the  criminal  procedure
 law  is  amended  by adding five new paragraphs (c), (c-1), (c-2), (c-3)
 and (c-4) to read as follows:
   (C) TO MAKE OR TO CONTINUE TO MAKE RENT  OR  MORTGAGE  PAYMENTS  ON  A
 RESIDENCE  OCCUPIED  BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE  PETITIONER  OR  OTHER
 DEPENDENT  HOUSEHOLD  MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS NOT BEEN
 RESOLVED OR IS NOT  BEING  LITIGATED  BETWEEN  THE  PARTIES  IN  ANOTHER
 ACTION;
   (C-1)  TO  PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY  THE  PARTIES  IF  THE
 RESPONDENT  IS  FOUND  TO  HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (C-2) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM  THE  INCI-
 DENT  OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
 ORDER MAY REQUIRE THE RESPONDENT TO  PAY  THE  PETITIONER  DIRECTLY,  TO
 REIMBURSE  THE  CRIME  VICTIMS  BOARD  FOR ANY AND ALL COMPENSATION PAID
 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND  MAY  REQUIRE  THAT  THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER,  AS  THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF  REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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