Senate Bill S1243A

Signed By Governor
2019-2020 Legislative Session

Relates to the reporting of domestic violence incidents

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A4467 - Signed by Governor


  • 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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Votes

Bill Amendments

co-Sponsors

2019-S1243 - Details

Law Section:
Executive Law
Laws Affected:
Amd §646, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S8608

2019-S1243 - Summary

Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place.

2019-S1243 - Sponsor Memo

2019-S1243 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1243
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  executive  law, in relation to the reporting of
   domestic incidents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 646 of the executive law, as amended by chapter 346
 of the laws of 2007, is amended by adding a new subdivision 3 to read as
 follows:
   3.  AN  INDIVIDUAL  WHO  HAS  BEEN  THE  VICTIM OF A FAMILY OFFENSE AS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE  CRIMINAL  PROCEDURE
 LAW  OR  SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT MAY MAKE A
 COMPLAINT TO ANY LOCAL LAW ENFORCEMENT AGENCY IN THE STATE REGARDLESS OF
 WHERE THE ACT TOOK PLACE. SUCH LOCAL LAW ENFORCEMENT AGENCY SHALL TAKE A
 POLICE REPORT OF THE MATTER, AS WELL AS A DOMESTIC  INCIDENT  REPORT  AS
 DEFINED  IN SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
 THIS CHAPTER AND PROVIDE THE COMPLAINANT WITH A COPY OF SUCH REPORT FREE
 OF CHARGE. A COPY OF THE POLICE  REPORT  AND  DOMESTIC  INCIDENT  REPORT
 SHALL  BE FORWARDED TO THE LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER
 THE LOCATION WHERE THE INCIDENT IS REPORTED TO OCCUR FOR THE PURPOSES OF
 FURTHER INVESTIGATION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06560-01-9



              

co-Sponsors

2019-S1243A - Details

Law Section:
Executive Law
Laws Affected:
Amd §646, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S8608

2019-S1243A - Summary

Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place.

2019-S1243A - Sponsor Memo

2019-S1243A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1243--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens.  CARLUCCI, COMRIE, GOUNARDES, RIVERA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Crime Victims, Crime and Correction -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the executive law,  in  relation  to  the  reporting  of
   domestic incidents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 646 of the executive law, as amended by chapter 346
 of the laws of 2007, is amended by adding a new subdivision 3 to read as
 follows:
   3. (A) AN INDIVIDUAL WHO HAS BEEN THE VICTIM OF A  FAMILY  OFFENSE  AS
 DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
 LAW OR SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT MAY  MAKE  A
 COMPLAINT TO ANY LOCAL LAW ENFORCEMENT AGENCY IN THE STATE REGARDLESS OF
 WHERE THE ACT TOOK PLACE. SUCH LOCAL LAW ENFORCEMENT AGENCY SHALL TAKE A
 POLICE  REPORT  OF  THE MATTER, AS WELL AS A DOMESTIC INCIDENT REPORT AS
 DEFINED IN SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN  OF
 THIS  CHAPTER.    THE  COMPLAINANT SHALL BE PROVIDED WITH A COPY OF SUCH
 REPORT FREE OF CHARGE. A COPY OF THE POLICE REPORT AND DOMESTIC INCIDENT
 REPORT SHALL BE FORWARDED WITHIN SEVENTY-TWO HOURS TO THE  LAW  ENFORCE-
 MENT  AGENCY  WITH  JURISDICTION OVER THE LOCATION WHERE THE INCIDENT IS
 REPORTED TO OCCUR FOR THE PURPOSES OF FURTHER INVESTIGATION.
   (B)(I) A LOCAL LAW ENFORCEMENT OFFICER WHO HAS TAKEN A REPORT PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION AND IS REQUIRED  TO  TESTIFY  IN  A
 LEGAL PROCEEDING REGARDING SUCH REPORT, MAY GIVE SUCH TESTIMONY BY ELEC-
 TRONIC APPEARANCE.
   (II)  A  LOCAL LAW ENFORCEMENT OFFICER WHO SEEKS TO MAKE AN ELECTRONIC
 APPEARANCE SHALL FILE A PETITION WITH  THE  COURT  IN  ADVANCE  OF  SUCH
 APPEARANCE  AND  MAY  DO SO BY ELECTRONIC MEANS. SUCH PETITION SHALL SET
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S1243B (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §646, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S8608

2019-S1243B (ACTIVE) - Summary

Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place.

2019-S1243B (ACTIVE) - Sponsor Memo

2019-S1243B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1243--B
     Cal. No. 676
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. CARLUCCI, BIAGGI, BOYLE, COMRIE, GOUNARDES, HARCK-
   HAM, KAPLAN, RIVERA, SKOUFIS -- read twice and  ordered  printed,  and
   when  printed to be committed to the Committee on Crime Victims, Crime
   and  Correction  --  committee  discharged,  bill   amended,   ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance -- committee discharged and said bill committed to the Commit-
   tee  on  Rules -- reported favorably from said committee, ordered to a
   third reading,  passed  by  Senate  and  delivered  to  the  Assembly,
   recalled,  vote  reconsidered,  restored to third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the executive law,  in  relation  to  the  reporting  of
   domestic violence incidents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 646 of the executive law, as amended by chapter 346
 of the laws of 2007, is amended by adding a new subdivision 3 to read as
 follows:
   3. AN INDIVIDUAL WHO HAS BEEN THE VICTIM IN THIS  STATE  OF  A  FAMILY
 OFFENSE  AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
 PROCEDURE LAW OR SECTION EIGHT HUNDRED TWELVE OF THE  FAMILY  COURT  ACT
 MAY,  UPON  ALLEGING  THAT IT WOULD BE A HARDSHIP FOR HIM OR HER TO MAKE
 SUCH COMPLAINT IN THE LOCAL JURISDICTION IN WHICH SUCH OFFENSE OCCURRED,
 MAKE A COMPLAINT TO ANY  LOCAL  LAW  ENFORCEMENT  AGENCY  IN  THE  STATE
 REGARDLESS OF WHERE THE ACT TOOK PLACE. SUCH LOCAL LAW ENFORCEMENT AGEN-
 CY SHALL TAKE A POLICE REPORT OF THE MATTER, AS WELL AS PREPARE A DOMES-
 TIC  VIOLENCE  INCIDENT  REPORT  AS  DEFINED  IN  SUBDIVISION FIFTEEN OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN  OF  THIS  CHAPTER  AND  PROVIDE  THE
 COMPLAINANT  WITH  A  COPY  OF SUCH REPORT FREE OF CHARGE. A COPY OF THE
 POLICE REPORT AND COMPLETED DOMESTIC VIOLENCE INCIDENT REPORT  SHALL  BE
 PROMPTLY FORWARDED TO THE APPROPRIATE LAW ENFORCEMENT AGENCY WITH JURIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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