S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7707
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- 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 notification to victims of orders of protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 530.12 of the criminal procedure law is amended  by
 adding a new subdivision 16 to read as follows:
   16. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
 TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
 REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
 NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
 TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
 TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
 TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 2. Section 530.13 of the criminal procedure law is amended by adding
 a new subdivision 6-a to read as follows:
   6-A.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFOR-
 MATION TO INDIVIDUALS PETITIONING FOR  EX  PARTE  ORDERS  OF  PROTECTION
 REGARDING  NOTIFICATION  OF  SERVICE  OF  AN  ORDER  OF PROTECTION. SUCH
 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS  REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01814-01-9

 A. 7707                             2
 
 PETITIONER  SHALL  BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION  OR  SUMMONS  ON  THE
 RESPONDENT  BY  THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
 TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
 TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 3. Section 446 of the family court act, as amended by chapter 526 of
 the  laws  of 2013, and the closing paragraph as added by chapter 480 of
 the laws of 2013, is amended to read as follows:
   § 446. Order of  protection.  1.  The  court  may  make  an  order  of
 protection in assistance or as a condition of any other order made under
 this  part.  The order of protection may set forth reasonable conditions
 of behavior to be observed for a specified time  by  the  petitioner  or
 respondent  or  both.  No  order  of  protection may direct any party to
 observe conditions of behavior unless the party requesting the order  of
 protection  has  served and filed a petition or counter-claim in accord-
 ance with section one hundred fifty-four-b of this act.  Such  an  order
 may require the petitioner or the respondent:
   (a)  to  stay away from the home, school, business or place of employ-
 ment of any other party, the other  spouse,  the  other  parent  or  the
 child,  and  to stay away from any other specific location designated by
 the court;
   (b) to permit a parent, or a person entitled to visitation by a  court
 order or a separation agreement, to visit the child at stated periods;
   (c)  to refrain from committing a family offense, as defined in subdi-
 vision one of section eight hundred twelve of this act, or any  criminal
 offense  against  the  child  or against the other parent or against any
 person to whom custody of the  child  is  awarded,  or  from  harassing,
 intimidating or threatening such persons;
   (d) to permit a designated party to enter the residence during a spec-
 ified period of time in order to remove personal belongings not in issue
 in  this  proceeding or in any other proceeding or action under this act
 or the domestic relations law;
   (e) to refrain from acts of commission  or  omission  that  create  an
 unreasonable risk to the health, safety or welfare of a child;
   (f)  to  participate  in  an  educational program and to pay the costs
 thereof if the person has the means to  do  so,  provided  however  that
 nothing contained herein shall be deemed to require payment of the costs
 of any such program by the state or any political subdivision thereof;
   (g)  to  provide,  either  directly  or by means of medical and health
 insurance, for expenses incurred for medical care and treatment  arising
 from the incident or incidents forming the basis for the issuance of the
 order;
   (h)  [1.] (1) to refrain from intentionally injuring or killing, with-
 out justification, any companion  animal  the  respondent  knows  to  be
 owned,  possessed,  leased,  kept or held by the person protected by the
 order or a minor child residing in such person's household.
   [2.] (2) "Companion animal", as used in this section, shall  have  the
 same  meaning  as  in subdivision five of section three hundred fifty of
 the agriculture and markets law;

 A. 7707                             3
 
   (i) [1.] (1) to promptly return specified identification documents  to
 the protected party, in whose favor the order of protection or temporary
 order  of  protection is issued; provided, however, that such order may:
 (A) include any appropriate provision designed to ensure that  any  such
 document is available for use as evidence in this proceeding, and avail-
 able  if  necessary  for  legitimate  use by the party against whom such
 order is issued; and (B) specify the manner in which such  return  shall
 be accomplished.
   [2.]  (2)  For purposes of this subdivision, "identification document"
 shall mean any of the following: (A) exclusively  in  the  name  of  the
 protected  party:  birth  certificate,  passport,  social security card,
 health insurance or other benefits card, a  card  or  document  used  to
 access bank, credit or other financial accounts or records, tax returns,
 any driver's license, and immigration documents including but not limit-
 ed  to  a  United States permanent resident card and employment authori-
 zation document; and (B) upon motion and after notice and an opportunity
 to be heard, any of the following,  including  those  that  may  reflect
 joint  use or ownership, that the court determines are necessary and are
 appropriately transferred to the protected party: any card  or  document
 used  to access bank, credit or other financial accounts or records, tax
 returns, and any other identifying cards and documents; and
   (j) to observe such other conditions as are necessary to  further  the
 purposes of protection.
   2.  The  court may also award custody of the child, during the term of
 the order of protection to either parent, or to an appropriate  relative
 within  the second degree. Nothing in this section gives the court power
 to place or board out any child or to commit a child to  an  institution
 or  agency. In making orders of protection, the court shall so act as to
 insure that in the care, protection, discipline and guardianship of  the
 child his religious faith shall be preserved and protected.
   3.  Notwithstanding  the foregoing provisions, an order of protection,
 or temporary order  of  protection  where  applicable,  may  be  entered
 against  a former spouse and persons who have a child in common, regard-
 less of whether such persons have been married or have lived together at
 any time, or against a member of the same family or household as defined
 in subdivision one of section eight hundred twelve of this act.
   4. In addition to the foregoing provisions, the  court  may  issue  an
 order,  pursuant to section two hundred twenty-seven-c of the real prop-
 erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
 protection  has  been  issued  to  terminate a lease or rental agreement
 pursuant to section two hundred twenty-seven-c of the real property law.
   5. In any proceeding pursuant to this article, a court shall not  deny
 an  order  of  protection,  or dismiss an application for such an order,
 solely on the basis that the acts or events alleged are  not  relatively
 contemporaneous  with  the  date of the application or the conclusion of
 the action. The duration of any temporary order shall not by itself be a
 factor in determining the length or issuance of any final order.
   6. The protected party in whose  favor  the  order  of  protection  or
 temporary  order  of  protection is issued may not be held to violate an
 order issued in his or  her  favor  nor  may  such  protected  party  be
 arrested for violating such order.
   7.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
 TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
 REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
 NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE

 A. 7707                             4
 
 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
 TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
 TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
 TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 4. Section 551 of the family court act, as amended by chapter 526 of
 the  laws  of 2013, and the closing paragraph as added by chapter 480 of
 the laws of 2013, is amended to read as follows:
   § 551. Order of  protection.  1.  The  court  may  make  an  order  of
 protection in assistance or as a condition of any other order made under
 this  article.   The order of protection may set forth reasonable condi-
 tions of behavior to be observed for a specified time by the  petitioner
 or  respondent  or  both. No order of protection may direct any party to
 observe conditions of behavior unless the party requesting the order  of
 protection  has  served and filed a petition or counter-claim in accord-
 ance with section one hundred fifty-four-b of this act.  Such  an  order
 may require the petitioner or the respondent:
   (a)  to  stay away from the home, school, business or place of employ-
 ment of any other party, the other parent, or the  child,  and  to  stay
 away from any other specific location designated by the court;
   (b)  to permit a parent, or a person entitled to visitation by a court
 order or a separation agreement to visit the child at stated periods;
   (c) to refrain from committing a family offense, as defined in  subdi-
 vision  one of section eight hundred twelve of this act, or any criminal
 offense against the child or against the other  parent  or  against  any
 person  to  whom  custody  of  the  child is awarded, or from harassing,
 intimidating or threatening such persons;
   (d) to permit a designated party to enter the residence during a spec-
 ified period of time in order to remove personal belongings not in issue
 in this proceeding or in any other proceeding or action under  this  act
 or the domestic relations law;
   (e)  to  refrain  from  acts  of commission or omission that create an
 unreasonable risk to the health, safety or welfare of a child;
   (f) to participate in an educational program  and  to  pay  the  costs
 thereof  if  the  person has the means to do so, provided, however, that
 nothing contained herein shall be deemed to require payment of the costs
 of any such program by the state or any political subdivision thereof;
   (g) to provide, either directly or by  means  of  medical  and  health
 insurance,  for expenses incurred for medical care and treatment arising
 from the incident or incidents forming the basis for the issuance of the
 order;
   (h) to pay the reasonable counsel fees and disbursements  involved  in
 obtaining  or enforcing the order of the person who is protected by such
 order if such order is issued or enforced, whether or not  an  order  of
 filiation is made;
   (i)  [1.] (1) to refrain from intentionally injuring or killing, with-
 out justification, any companion  animal  the  respondent  knows  to  be
 owned,  possessed,  leased,  kept or held by the person protected by the
 order or a minor child residing in such person's household.

 A. 7707                             5
 
   [2.] (2) "Companion animal", as used in this section, shall  have  the
 same  meaning  as  in subdivision five of section three hundred fifty of
 the agriculture and markets law;
   (j)  [1.] (1) to promptly return specified identification documents to
 the protected party, in whose favor the order of protection or temporary
 order of protection is issued; provided, however, that such  order  may:
 (A)  include  any appropriate provision designed to ensure that any such
 document is available for use as evidence in this proceeding, and avail-
 able if necessary for legitimate use by  the  party  against  whom  such
 order  is  issued; and (B) specify the manner in which such return shall
 be accomplished.
   [2.] (2) For purposes of this subdivision,  "identification  document"
 shall  mean  any  of  the  following: (A) exclusively in the name of the
 protected party: birth  certificate,  passport,  social  security  card,
 health  insurance  or  other  benefits  card, a card or document used to
 access bank, credit or other financial accounts or records, tax returns,
 any driver's license, and immigration documents including but not limit-
 ed to a United States permanent resident card  and  employment  authori-
 zation document; and (B) upon motion and after notice and an opportunity
 to  be  heard,  any  of  the following, including those that may reflect
 joint use or ownership, that the court determines are necessary and  are
 appropriately  transferred  to the protected party: any card or document
 used to access bank, credit or other financial accounts or records,  tax
 returns, and any other identifying cards and documents; and
   (k)  to  observe such other conditions as are necessary to further the
 purposes of protection.
   2. The court may also award custody of the child, during the  term  of
 the  order of protection to either parent, or to an appropriate relative
 within the second degree. Nothing in this section gives the court  power
 to  place  or board out any child or to commit a child to an institution
 or agency. In making orders of protection, the court shall so act as  to
 insure  that in the care, protection, discipline and guardianship of the
 child his religious faith shall be preserved and protected.
   3. Notwithstanding the foregoing provisions, an order  of  protection,
 or  temporary  order  of  protection  where  applicable,  may be entered
 against a former spouse and persons who have a child in common,  regard-
 less of whether such persons have been married or have lived together at
 any time, or against a member of the same family or household as defined
 in subdivision one of section eight hundred twelve of this act.
   4.  In any proceeding pursuant to this article, a court shall not deny
 an order of protection, or dismiss an application  for  such  an  order,
 solely  on  the basis that the acts or events alleged are not relatively
 contemporaneous with the date of the application or  the  conclusion  of
 the action. The duration of any temporary order shall not by itself be a
 factor in determining the length or issuance of any final order.
   5.  The  protected  party  in  whose  favor the order of protection or
 temporary order of protection is issued may not be held  to  violate  an
 order  issued  in  his  or  her  favor  nor  may such protected party be
 arrested for violating such order.
   6.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
 TION TO INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS  OF  PROTECTION
 REGARDING  NOTIFICATION  OF  SERVICE  OF  AN  ORDER  OF PROTECTION. SUCH
 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS  REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
 PETITIONER  SHALL  BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION  OR  SUMMONS  ON  THE

 A. 7707                             6
 
 RESPONDENT  BY  THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF  PROTECTION  OR
 SUMMONS  TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED  TWEN-
 TY-ONE-A  OF  THE  EXECUTIVE  LAW  AT  THE TIME WHEN SERVICE OCCURS. THE
 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO  THOSE  COURT  CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 5. Section 656 of the family court act, as amended by chapter 526 of
 the  laws  of 2013, and the closing paragraph as added by chapter 480 of
 the laws of 2013, is amended to read as follows:
   § 656. Order of  protection.  1.  The  court  may  make  an  order  of
 protection  and an order of probation in assistance or as a condition of
 any other order made under this part. The order of  protection  may  set
 forth  reasonable  conditions  of behavior to be observed for a specific
 time by any petitioner or any respondent, and shall specify if an  order
 of  probation  is in effect. No order of protection may direct any party
 to observe conditions of behavior unless the party requesting the  order
 of  protection  has  served  and  filed  a  petition or counter-claim in
 accordance with section one hundred fifty-four-b of this  act.  Such  an
 order may require the petitioner or the respondent:
   (a)  to  stay away from the home, school, business or place of employ-
 ment of any other party, the other spouse or parent, or the  child,  and
 to stay away from any other specific location designated by the court;
   (b)  to permit a parent, or a person entitled to visitation by a court
 order or a separation agreement, to visit the child at stated periods;
   (c) to refrain from committing a family offense, as defined in  subdi-
 vision  one of section eight hundred twelve of this act, or any criminal
 offense against the child or against the other  parent  or  against  any
 person  to  whom  custody  of  the  child is awarded, or from harassing,
 intimidating or threatening such persons;
   (d) to permit a designated party to enter the residence during a spec-
 ified period of time in order to remove personal belongings not in issue
 in this proceeding or in any other proceeding or action under  this  act
 or the domestic relations law;
   (e)  to  refrain  from  acts  of commission or omission that create an
 unreasonable risk to the health, safety or welfare of a child;
   (f) to participate in an educational program  and  to  pay  the  costs
 thereof  if  the  person  has  the means to do so, provided however that
 nothing contained herein shall be deemed to require payment of the costs
 of any such program by the state or any political subdivision thereof;
   (g) to provide, either directly or by  means  of  medical  and  health
 insurance,  for expenses incurred for medical care and treatment arising
 from the incident or incidents forming the basis for the issuance of the
 order;
   (h) to pay the reasonable counsel fees and disbursements  involved  in
 obtaining  or enforcing the order of the person who is protected by such
 order if such order is issued or enforced;
   (i) [1.] (1) to refrain from intentionally injuring or killing,  with-
 out  justification,  any  companion  animal  the  respondent knows to be
 owned, possessed, leased, kept or held by  the  petitioner  or  a  minor
 child residing in the household.
   [2.]  (2)  "Companion animal", as used in this section, shall have the
 same meaning as in subdivision five of section three  hundred  fifty  of
 the agriculture and markets law;

 A. 7707                             7
 
   (j)  [1.] (1) to promptly return specified identification documents to
 the protected party, in whose favor the order of protection or temporary
 order of protection is issued; provided, however, that such  order  may:
 (A)  include  any appropriate provision designed to ensure that any such
 document is available for use as evidence in this proceeding, and avail-
 able  if  necessary  for  legitimate  use by the party against whom such
 order is issued; and (B) specify the manner in which such  return  shall
 be accomplished.
   [2.]  (2)  For purposes of this subdivision, "identification document"
 shall mean any of the following: (A) exclusively  in  the  name  of  the
 protected  party:  birth  certificate,  passport,  social security card,
 health insurance or other benefits card, a  card  or  document  used  to
 access bank, credit or other financial accounts or records, tax returns,
 any driver's license, and immigration documents including but not limit-
 ed  to  a  United States permanent resident card and employment authori-
 zation document; and (B) upon motion and after notice and an opportunity
 to be heard, any of the following,  including  those  that  may  reflect
 joint  use or ownership, that the court determines are necessary and are
 appropriately transferred to the protected party: any card  or  document
 used  to access bank, credit or other financial accounts or records, tax
 returns, and any other identifying cards and documents; and
   (k) to observe such other conditions as are necessary to  further  the
 purposes of protection.
   2.  The  court shall not require anyone seeking an order of protection
 under this section to  first  request  that  child  protective  services
 investigate  the  allegations  or  to first request permission to file a
 petition under article ten of this act.
   3. Notwithstanding the foregoing provisions, an order  of  protection,
 or  temporary  order  of  protection  where  applicable,  may be entered
 against a former spouse and persons who have a child in common,  regard-
 less of whether such persons have been married or have lived together at
 any time, or against a member of the same family or household as defined
 in subdivision one of section eight hundred twelve of this act.
   4.  In  addition  to  the foregoing provisions, the court may issue an
 order, pursuant to section two hundred twenty-seven-c of the real  prop-
 erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
 protection has been issued to terminate  a  lease  or  rental  agreement
 pursuant to section two hundred twenty-seven-c of the real property law.
   5.  In any proceeding pursuant to this article, a court shall not deny
 an order of protection, or dismiss an application  for  such  an  order,
 solely  on  the basis that the acts or events alleged are not relatively
 contemporaneous with the date of the application or  the  conclusion  of
 the action. The duration of any temporary order shall not by itself be a
 factor in determining the length or issuance of any final order.
   6.  The  protected  party  in  whose  favor the order of protection or
 temporary order of protection is issued may not be held  to  violate  an
 order  issued  in  his  or  her  favor  nor  may such protected party be
 arrested for violating such order.
   7. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING  INFORMA-
 TION  TO  INDIVIDUALS  PETITIONING  FOR  EX  PARTE  ORDERS OF PROTECTION
 REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
 NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
 TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW

 A. 7707                             8
 
 TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED  REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
 TY-ONE-A OF THE EXECUTIVE LAW AT  THE  TIME  WHEN  SERVICE  OCCURS.  THE
 PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 6. Section 842 of the family court act, as amended by chapter 526 of
 the laws of 2013, and the closing paragraph as added by chapter  480  of
 the laws of 2013, is amended to read as follows:
   §  842.  Order  of protection. 1. An order of protection under section
 eight hundred forty-one of this part shall set forth  reasonable  condi-
 tions of behavior to be observed for a period not in excess of two years
 by  the  petitioner  or respondent or for a period not in excess of five
 years upon (i) a finding by the court on the record of the existence  of
 aggravating  circumstances  as defined in paragraph (vii) of subdivision
 (a) of section eight hundred twenty-seven of this  article;  or  (ii)  a
 finding by the court on the record that the conduct alleged in the peti-
 tion  is  in  violation  of  a valid order of protection. Any finding of
 aggravating circumstances pursuant to this section shall  be  stated  on
 the  record  and  upon the order of protection. The court may also, upon
 motion, extend the order of protection for a reasonable period  of  time
 upon  a  showing  of good cause or consent of the parties. The fact that
 abuse has not occurred during the pendency of an  order  shall  not,  in
 itself,  constitute  sufficient  ground for denying or failing to extend
 the order. The court must articulate a basis for  its  decision  on  the
 record.  The  duration  of  any temporary order shall not by itself be a
 factor in determining the length or issuance of  any  final  order.  Any
 order  of protection issued pursuant to this section shall specify if an
 order of probation is in effect. Any order of protection issued pursuant
 to this section may require the petitioner or the respondent:
   (a) to stay away from the home, school, business or place  of  employ-
 ment  of  any  other  party,  the other spouse, the other parent, or the
 child, and to stay away from any other specific location  designated  by
 the court, provided that the court shall make a determination, and shall
 state such determination in a written decision or on the record, whether
 to  impose  a  condition pursuant to this subdivision, provided further,
 however, that failure to make such a determination shall not affect  the
 validity  of such order of protection. In making such determination, the
 court shall consider, but shall not  be  limited  to  consideration  of,
 whether  the order of protection is likely to achieve its purpose in the
 absence of  such  a  condition,  conduct  subject  to  prior  orders  of
 protection,  prior incidents of abuse, extent of past or present injury,
 threats, drug or alcohol abuse, and access to weapons;
   (b) to permit a parent, or a person entitled to visitation by a  court
 order or a separation agreement, to visit the child at stated periods;
   (c)  to refrain from committing a family offense, as defined in subdi-
 vision one of section eight hundred twelve of this [act] ARTICLE, or any
 criminal offense against the  child  or  against  the  other  parent  or
 against  any  person  to  whom  custody of the child is awarded, or from
 harassing, intimidating or threatening such persons;
   (d) to permit a designated party to enter the residence during a spec-
 ified period of time in order to remove personal belongings not in issue
 in this proceeding or in any other proceeding or action under  this  act
 or the domestic relations law;

 A. 7707                             9
 
   (e)  to  refrain  from  acts  of commission or omission that create an
 unreasonable risk to the health, safety or welfare of a child;
   (f)  to  pay the reasonable counsel fees and disbursements involved in
 obtaining or enforcing the order of the person who is protected by  such
 order if such order is issued or enforced;
   (g) to require the respondent to participate in a batterer's education
 program  designed to help end violent behavior, which may include refer-
 ral to drug and alcohol counselling, and to pay the costs thereof if the
 person has the means to do so, provided however that  nothing  contained
 herein  shall  be  deemed  to  require  payment of the costs of any such
 program by the petitioner, the state or any political subdivision there-
 of;
   (h) to provide, either directly or by  means  of  medical  and  health
 insurance,  for expenses incurred for medical care and treatment arising
 from the incident or incidents forming the basis for the issuance of the
 order;
   (i) [1.] (1) to refrain from intentionally injuring or killing,  with-
 out  justification,  any  companion  animal  the  respondent knows to be
 owned, possessed, leased, kept or held by  the  petitioner  or  a  minor
 child residing in the household.
   [2.]  (2)  "Companion animal", as used in this section, shall have the
 same meaning as in subdivision five of section three  hundred  fifty  of
 the agriculture and markets law;
   (j)  [1.] (1) to promptly return specified identification documents to
 the protected party, in whose favor the order of protection or temporary
 order of protection is issued; provided, however, that such  order  may:
 (A)  include  any appropriate provision designed to ensure that any such
 document is available for use as evidence in this proceeding, and avail-
 able if necessary for legitimate use by  the  party  against  whom  such
 order  is  issued; and (B) specify the manner in which such return shall
 be accomplished.
   [2.] (2) For purposes of this subdivision,  "identification  document"
 shall  mean  any  of  the  following: (A) exclusively in the name of the
 protected party: birth  certificate,  passport,  social  security  card,
 health  insurance  or  other  benefits  card, a card or document used to
 access bank, credit or other financial accounts or records, tax returns,
 any driver's license, and immigration documents including but not limit-
 ed to a United States permanent resident card  and  employment  authori-
 zation document; and (B) upon motion and after notice and an opportunity
 to  be  heard,  any  of  the following, including those that may reflect
 joint use or ownership, that the court determines are necessary and  are
 appropriately  transferred  to the protected party: any card or document
 used to access bank, credit or other financial accounts or records,  tax
 returns, and any other identifying cards and documents; and
   (k)  to  observe such other conditions as are necessary to further the
 purposes of protection.
   2. The court may also award custody of the child, during the  term  of
 the  order of protection to either parent, or to an appropriate relative
 within the second degree. Nothing in this section gives the court  power
 to  place  or board out any child or to commit a child to an institution
 or agency.
   3. Notwithstanding the provisions of section eight  hundred  seventeen
 of  this  article,  where  a  temporary  order  of child support has not
 already been issued, the court may in addition to  the  issuance  of  an
 order  of protection pursuant to this section, issue an order for tempo-
 rary child support in an amount sufficient to  meet  the  needs  of  the

 A. 7707                            10
 
 child, without a showing of immediate or emergency need. The court shall
 make  an order for temporary child support notwithstanding that informa-
 tion with respect to income and assets of the respondent may be unavail-
 able.  Where  such information is available, the court may make an award
 for temporary child support pursuant to the formula set forth in  subdi-
 vision  one  of  section  four  hundred  thirteen of this act. Temporary
 orders of support issued pursuant to this article  shall  be  deemed  to
 have been issued pursuant to section four hundred thirteen of this act.
   4.  Upon  making an order for temporary child support pursuant to this
 subdivision, the court shall advise the petitioner of  the  availability
 of  child support enforcement services by the support collection unit of
 the local department of social services, to enforce the temporary  order
 and  to  assist  in  securing continued child support, and shall set the
 support matter down for further proceedings in accordance  with  article
 four of this act.
   5. Where the court determines that the respondent has employer-provid-
 ed  medical insurance, the court may further direct, as part of an order
 of temporary support under this  subdivision,  that  a  medical  support
 execution  be  issued  and  served  upon  the  respondent's  employer as
 provided for in section fifty-two hundred forty-one of the  civil  prac-
 tice law and rules.
   6.  In  any  proceeding  in  which an order of protection or temporary
 order of protection or a warrant has been issued under this section, the
 clerk of the court shall issue to the petitioner and respondent and  his
 counsel  and  to  any  other  person affected by the order a copy of the
 order of protection or temporary order of protection and ensure  that  a
 copy  of  the  order  of  protection or temporary order of protection be
 transmitted to the local correctional facility where the  individual  is
 or  will be detained, the state or local correctional facility where the
 individual is or will  be  imprisoned,  and  the  supervising  probation
 department  or  the  department of corrections and community supervision
 where the individual is under probation or parole supervision.
   7. Notwithstanding the foregoing provisions, an order  of  protection,
 or  temporary  order  of  protection  where  applicable,  may be entered
 against a former spouse and persons who have a child in common,  regard-
 less of whether such persons have been married or have lived together at
 any time, or against a member of the same family or household as defined
 in subdivision one of section eight hundred twelve of this article.
   8.  In  addition  to  the foregoing provisions, the court may issue an
 order, pursuant to section two hundred twenty-seven-c of the real  prop-
 erty  law,  authorizing  the  party  for  whose  benefit  any  order  of
 protection has been issued to terminate  a  lease  or  rental  agreement
 pursuant to section two hundred twenty-seven-c of the real property law.
   9.  The  protected  party  in  whose  favor the order of protection or
 temporary order of protection is issued may not be held  to  violate  an
 order  issued  in  his  or  her  favor  nor  may such protected party be
 arrested for violating such order.
   10.  THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING  INFOR-
 MATION  TO  INDIVIDUALS  PETITIONING  FOR  EX PARTE ORDERS OF PROTECTION
 REGARDING NOTIFICATION OF  SERVICE  OF  AN  ORDER  OF  PROTECTION.  SUCH
 NOTIFICATION  TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM.  THE
 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO  RECEIVE  NOTIFICA-
 TION  OF  SERVICE  OF  AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION  ON  HOW
 TO  RECEIVE  NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR

 A. 7707                            11
 
 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER  GOVERN-
 MENT  AGENCY  RESPONSIBLE  FOR  SERVING EX PARTE ORDERS OF PROTECTION OR
 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
 COMPUTERIZED  REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
 TY-ONE-A OF THE EXECUTIVE LAW AT  THE  TIME  WHEN  SERVICE  OCCURS.  THE
 PROVISIONS  OF  THIS  SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
   § 7. This act shall take effect immediately.