NY State Senate Bill 2019-S6158

Senate Bill S6158

Signed By Governor

2019-2020 Legislative Session

Relates to notification of rights of victims of domestic violence in criminal and family court proceedings

download bill text pdf

Archive: Last Bill Status Via A7395 - 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 16, 2019	signed chap.663
Dec 10, 2019	delivered to governor
Jun 05, 2019	returned to assembly passed senate 3rd reading cal.950 substituted for s6158
Jun 05, 2019	substituted by a7395
Jun 03, 2019	advanced to third reading
May 30, 2019	2nd report cal.
May 29, 2019	1st report cal.950
May 20, 2019	referred to children and families

Votes

- Jun 5, 2019 - Floor Vote
  A7395
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 29, 2019 - Children And Families Committee Vote
  S6158
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 29, 2019
      
      aye (6)
      
      Addabbo Jr.
      
      Kaplan
      
      Montgomery
      
      Persaud
      
      Salazar
      
      Tedisco
      
      aye wr (1)
      
      Serino

co-Sponsors

2019-S6158 (ACTIVE) - Details

See Assembly Version of this Bill:: A7395
Law Section:: Family Court Act
Laws Affected:: Amd §812, Fam Ct Act; amd §530.11, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9628
2017-2018: A5921

2019-S6158 (ACTIVE) - Summary

Relates to notification of rights of victims of domestic violence in criminal and family court proceedings.

2019-S6158 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6158

SPONSOR: LIU
 
TITLE OF BILL:  An act to amend the family court act and the criminal
procedure law, in relation to notification of rights of victims of
domestic violence in criminal and family court proceedings

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

The amendments to Family Court Act § 812 and Criminal Procedure Law §
530.11, contained in the comprehensive domestic violence statute enacted
in 1994 (L. 1994, c. 222, 224), included important protections for
alleged victims of domestic violence. The statutes placed a collective
responsibility upon law enforcement, prosecutors and the courts to
ensure that victims are made aware of their rights, of the expectations
they may have to obtain assistance from both the civil and criminal
justice systems and of the remedies and resources available to them. The
notice must be in writing in both English and Spanish and must recite
the statutory language verbatim. Law enforcement has provided the notice
as part of a victim's copy of the "Domestic Incident Report" and the
court system has made the notices available in eight languages. See

www.nycourts.gov. However, the required language in the notice is overly
complex and, particularly where alleged victims of domestic violence are
unrepresented, has frustrated the statutory goal of making the justice
system fully responsive to the needs of victims of abuse.

The instant measure would amend Family Court Act § 812 and Criminal
Procedure Law § 530.11 to substantially simplify the language contained
in the notice while, at the same time, expanding the breadth of informa-
tion it provides. The measure also provides that the notice be made
available, at minimum, in plain English, Spanish, Russian and Chinese.
As the chart below indicates, using five generally accepted means of
measurement of the grade level of the language used, the notice proposed
by this measure averages 8.6 (middle school) in grade level compared to
the 16.3 (college senior) average level of the existing notice and its
readability score is substantially higher than that of the current
notice*:

MEASUREMENT FORMULA          EXISTING NOTICE              PROPOSED
NOTICE

Flesch-Kincaid Grade Level       15.3                            6.7
Gunning-Fog Score                20.5                           10.6
Coleman-Liau Index               12.0                            9.0
SMOG Index                       17.6                           10.8
Automated Readability Index      15.9                            5.7
Average Grade Level              16.3                            8.6


TEXT STATISTICS

Character Count                  2140                  3068
Syllable Count                     820                  1028
Word Count                         734                   726
Sentence Count                      15                     43
Characters per Word                 4.7                    4.2
Syllables per Word                  1.6                    1.4
Words per Sentence                 30.3                   16.9
Readability Formula                  39.5                   72.9

(Flesch-Kincaid; scale: 1 to 100)


The language in the proposed notice mirrors the basic principles of
writing in plain English - in particular, the use of short, declarative
sentences, use of personal pronouns, use of active voice, avoidance of
legal terms and organization into easy-to-read bullets.  See, e.g.,
Federal Plain Language Guidelines (www.plainlanguage.gov); Writing for
Self-represented Litigants: A Guide for Maryland Courts and Legal
Services Providers (Md. Access to Justice Commission, Nov., 2012). As
indicated on the web-site www.writeclearly.org:

Limited English speakers find it particularly difficult to navigate
legal texts that contain strange words and describe unfamiliar proce-
dures. These readers are substantially disadvantaged in accessing legal
information.

Research has demonstrated that where documents are too complex for read-
ers, they generally stop reading. See W.H. DuBay, "Principles of Read-
ability, Readability and Reader Persistence," at 30 (National Adult
Literacy Database, 2004; www.nald.ca).

Utilization of plain English is particularly important for victims of
domestic violence, who may be experiencing trauma as a result of the
abusive incident or incidents, trauma that itself makes it more diffi-
cult for victims to understand their options and to make the often
difficult decisions required at the outset of abuse cases.  Significant-
ly, victims are most often not represented by counsel either at the
point of a law enforcement response to a 911 call or upon their first
appearances in Family Court seeking temporary orders of protection.
Noting the high incidence of unrepresented litigants in family law-re-
lated matters in New York's courts, the 2010, 2014 and 2015 Reports to
the Chief Judge of the Task Force (now Permanent Commission) to Expand
Access to Civil Legal Services in New York included simplification of
forms among its recommendations. In drastically reducing the complexity
of the statutorily-required notice to victims of domestic violence, this
measure would implement those recommendations and enhance the capacity
of the justice system to respond effectively to victims' needs.

This measure would take effect 90 days after becoming law.

 
2017-18 LEGISLATIVE HISTORY:

OCA 15; Assembly 5921 (M. of A. Weinstein) (PASSED)

*See www.readability-score.com (Visited Nov. 29, 2016).

2019-S6158 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6158
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2019
                                ___________
 
 Introduced  by  Sen.  LIU -- (at request of the Office of Court Adminis-
   tration) -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Children and Families
 
 AN  ACT to amend the family court act and the criminal procedure law, in
   relation to notification of rights of victims of domestic violence  in
   criminal and family court proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 812 of the family  court  act,  as
 amended  by  chapter  224  of  the  laws  of 1994, is amended to read as
 follows:
   5. Notice. Every police officer, peace officer  or  district  attorney
 investigating  a  family  offense  under  this  article shall advise the
 victim of the availability of a shelter or other services in the  commu-
 nity,  and shall immediately give the victim written notice of the legal
 rights and remedies available to a victim of a family offense under  the
 relevant  provisions  of  THIS  ACT AND the criminal procedure law[, the
 family court act and the domestic relations law]. Such notice  shall  be
 available,  AT  MINIMUM,  in  PLAIN  English [and], Spanish, CHINESE AND
 RUSSIAN and, if necessary, shall be delivered orally and  shall  include
 but  not be limited to THE INFORMATION CONTAINED IN the following state-
 ment:
   ["If you are the victim of domestic violence, you may request that the
 officer assist in providing for your safety and that of  your  children,
 including  providing  information  on how to obtain a temporary order of
 protection. You may also request that the officer assist you in  obtain-
 ing  your  essential  personal  effects  and locating and taking you, or
 assist in making arrangement to take you, and your children  to  a  safe
 place within such officer's jurisdiction, including but not limited to a
 domestic violence program, a family member's or a friend's residence, or
 a  similar place of safety. When the officer's jurisdiction is more than

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10667-01-9

 S. 6158                             2

 a single county, you may ask the officer to take you  or  make  arrange-
 ments  to  take you and your children to a place of safety in the county
 where the incident occurred. If you or your  children  are  in  need  of
 medical treatment, you have the right to request that the officer assist
 you  in  obtaining such medical treatment. You may request a copy of any
 incident reports at no cost from the law enforcement  agency.  You  have
 the  right to seek legal counsel of your own choosing and if you proceed
 in family court and if it is determined that you cannot afford an attor-
 ney, one must be appointed to represent you without cost to you.
   You may ask the district attorney or a law enforcement officer to file
 a criminal complaint. You also have the right to file a petition in  the
 family  court  when a family offense has been committed against you. You
 have the right to have  your  petition  and  request  for  an  order  of
 protection  filed  on the same day you appear in court, and such request
 must be heard that same day or the next day court is in session.  Either
 court may issue an order of protection from conduct constituting a fami-
 ly offense which could include, among other provisions, an order for the
 respondent  or  defendant  to  stay away from you and your children. The
 family court may also order the payment of temporary child  support  and
 award  temporary custody of your children. If the family court is not in
 session, you may seek immediate assistance from the  criminal  court  in
 obtaining an order of protection.
   The forms you need to obtain an order of protection are available from
 the  family  court and the local criminal court (the addresses and tele-
 phone numbers shall be listed). The resources available in this communi-
 ty for information relating to domestic violence, treatment of injuries,
 and places of safety and shelters can be accessed by calling the follow-
 ing 800 numbers (the statewide English and Spanish language 800  numbers
 shall  be listed and space shall be provided for local domestic violence
 hotline telephone numbers).
   Filing a criminal complaint or  a  family  court  petition  containing
 allegations  that  are knowingly false is a crime."] "ARE YOU THE VICTIM
 OF DOMESTIC VIOLENCE? IF YOU NEED HELP NOW, YOU CAN  CALL  911  FOR  THE
 POLICE  TO  COME  TO YOU. YOU CAN ALSO CALL A DOMESTIC VIOLENCE HOTLINE.
 YOU CAN HAVE A CONFIDENTIAL TALK WITH AN ADVOCATE AT THE  HOTLINE  ABOUT
 HELP  YOU  CAN GET IN YOUR COMMUNITY INCLUDING: WHERE YOU CAN GET TREAT-
 MENT FOR INJURIES, WHERE YOU CAN GET SHELTER, WHERE YOU CAN GET SUPPORT,
 AND WHAT YOU CAN DO TO BE SAFE. THE NEW YORK STATE  24-HOUR  DOMESTIC  &
 SEXUAL VIOLENCE HOTLINE NUMBER IS (INSERT THE STATEWIDE MULTILINGUAL 800
 NUMBER).  THEY  CAN  GIVE  YOU INFORMATION IN MANY LANGUAGES. IF YOU ARE
 DEAF OR HARD OF HEARING, CALL 711.  THIS IS WHAT THE POLICE CAN DO:
   THEY CAN HELP YOU AND YOUR CHILDREN FIND A SAFE PLACE SUCH AS A FAMILY
 OR FRIEND'S HOUSE OR A SHELTER IN YOUR COMMUNITY.
   YOU CAN ASK THE OFFICER TO TAKE YOU OR HELP YOU AND YOUR CHILDREN  GET
 TO A SAFE PLACE IN YOUR COMMUNITY.
   THEY CAN HELP CONNECT YOU TO A LOCAL DOMESTIC VIOLENCE PROGRAM.
   THEY CAN HELP YOU GET TO A HOSPITAL OR CLINIC FOR MEDICAL CARE.
   THEY CAN HELP YOU GET YOUR PERSONAL BELONGINGS.
   THEY  MUST  COMPLETE  A REPORT DISCUSSING THE INCIDENT. THEY WILL GIVE
 YOU A COPY OF THIS POLICE REPORT BEFORE THEY  LEAVE  THE  SCENE.  IT  IS
 FREE.
   THEY  MAY, AND SOMETIMES MUST, ARREST THE PERSON WHO HARMED YOU IF YOU
 ARE THE VICTIM OF A CRIME. THE PERSON ARRESTED COULD BE RELEASED AT  ANY
 TIME, SO IT IS IMPORTANT TO PLAN FOR YOUR SAFETY.
   IF  YOU  HAVE  BEEN ABUSED OR THREATENED, THIS IS WHAT YOU CAN ASK THE
 POLICE OR DISTRICT ATTORNEY TO DO:

 S. 6158                             3
 
   FILE A CRIMINAL COMPLAINT AGAINST THE PERSON WHO HARMED YOU.
   ASK  THE  CRIMINAL  COURT  TO ISSUE AN ORDER OF PROTECTION FOR YOU AND
 YOUR CHILD IF THE DISTRICT ATTORNEY  FILES  A  CRIMINAL  CASE  WITH  THE
 COURT.
   GIVE  YOU  INFORMATION  ABOUT FILING A FAMILY OFFENSE PETITION IN YOUR
 LOCAL FAMILY COURT.
   YOU ALSO HAVE THE RIGHT TO ASK  THE  FAMILY  COURT  FOR  AN  ORDER  OF
 PROTECTION FOR YOU AND YOUR CHILDREN.
   THIS IS WHAT YOU CAN ASK THE FAMILY COURT TO DO:
   TO  HAVE  YOUR  FAMILY  OFFENSE  PETITION FILED THE SAME DAY YOU GO TO
 COURT.
   TO HAVE YOUR REQUEST HEARD IN COURT THE SAME DAY YOU FILE OR THE  NEXT
 DAY COURT IS OPEN.
   ONLY  A JUDGE CAN ISSUE AN ORDER OF PROTECTION. THE JUDGE DOES THAT AS
 PART OF A CRIMINAL OR FAMILY COURT CASE AGAINST THE  PERSON  WHO  HARMED
 YOU.  AN  ORDER  OF  PROTECTION IN FAMILY COURT OR IN CRIMINAL COURT CAN
 SAY:
   THAT THE OTHER PERSON HAVE NO CONTACT OR  COMMUNICATION  WITH  YOU  BY
 MAIL, PHONE, COMPUTER OR THROUGH OTHER PEOPLE.
   THAT THE OTHER PERSON STAY AWAY FROM YOU AND YOUR CHILDREN, YOUR HOME,
 JOB OR SCHOOL.
   THAT  THE  OTHER  PERSON  NOT  ASSAULT, HARASS, THREATEN, STRANGLE, OR
 COMMIT ANOTHER FAMILY OFFENSE AGAINST YOU OR YOUR CHILDREN.
   THAT THE OTHER PERSON TURN IN THEIR FIREARMS  AND  FIREARMS  LICENSES,
 AND NOT GET ANY MORE FIREARMS.
   THAT YOU HAVE TEMPORARY CUSTODY OF YOUR CHILDREN.
   THAT THE OTHER PERSON PAY TEMPORARY CHILD SUPPORT.
   THAT THE OTHER PERSON NOT HARM YOUR PETS OR SERVICE ANIMALS.
   IF  THE  FAMILY  COURT  IS CLOSED BECAUSE IT IS NIGHT, A WEEKEND, OR A
 HOLIDAY, YOU CAN GO  TO  A  CRIMINAL  COURT  TO  ASK  FOR  AN  ORDER  OF
 PROTECTION.
   IF  YOU  DO NOT SPEAK ENGLISH OR CANNOT SPEAK IT WELL, YOU CAN ASK THE
 POLICE, THE DISTRICT ATTORNEY, OR THE CRIMINAL OR FAMILY  COURT  TO  GET
 YOU  AN  INTERPRETER  WHO SPEAKS YOUR LANGUAGE. THE INTERPRETER CAN HELP
 YOU EXPLAIN WHAT HAPPENED.
   YOU CAN GET THE FORMS YOU NEED TO ASK FOR AN ORDER  OF  PROTECTION  AT
 YOUR  LOCAL  FAMILY  COURT (INSERT ADDRESSES AND CONTACT INFORMATION FOR
 COURTS).  YOU CAN ALSO GET THEM ONLINE: WWW.NYCOURTS.GOV/FORMS.
   YOU DO NOT NEED A LAWYER TO ASK FOR AN ORDER OF PROTECTION.
   YOU HAVE A RIGHT TO GET A LAWYER IN THE FAMILY COURT.  IF  THE  FAMILY
 COURT  FINDS THAT YOU CANNOT AFFORD TO PAY FOR A LAWYER, IT MUST GET YOU
 ONE FOR FREE.
   IF YOU FILE A COMPLAINT OR FAMILY COURT PETITION, YOU WILL BE ASKED TO
 SWEAR TO ITS TRUTHFULNESS BECAUSE IT IS A CRIME TO FILE A LEGAL DOCUMENT
 THAT YOU KNOW IS FALSE."
   The division of criminal justice services  in  consultation  with  the
 state  office  for the prevention of domestic violence shall prepare the
 form of such written notice  consistent  with  the  provisions  of  this
 section and distribute copies thereof to the appropriate law enforcement
 officials  pursuant  to subdivision nine of section eight hundred forty-
 one of the executive law. Additionally, copies of such notice  shall  be
 provided  to  the chief administrator of the courts to be distributed to
 victims of family offenses through the family court at such time as such
 persons first come before the court  and  to  the  state  department  of
 health  for  distribution to all hospitals defined under article twenty-
 eight of the public health law. No cause of  action  for  damages  shall

 S. 6158                             4
 
 arise in favor of any person by reason of any failure to comply with the
 provisions of this subdivision except upon a showing of gross negligence
 or willful misconduct.
   § 2. Subdivision 6 of section 530.11 of the criminal procedure law, as
 amended  by  chapter  224  of  the  laws  of 1994, is amended to read as
 follows:
   6. Notice. Every police officer, peace officer  or  district  attorney
 investigating  a  family  offense  under  this  article shall advise the
 victim of the availability of a shelter or other services in the  commu-
 nity,  and shall immediately give the victim written notice of the legal
 rights and remedies available to a victim of a family offense under  the
 relevant  provisions  of  [the criminal procedure law,] THIS CHAPTER AND
 the family court act [and the domestic relations law]. Such notice shall
 be prepared, AT  MINIMUM,  in  PLAIN  ENGLISH,  Spanish  [and  English],
 CHINESE  AND  RUSSIAN  and  if necessary, shall be delivered orally, and
 shall include but not be limited to THE  INFORMATION  CONTAINED  IN  the
 following statement:
   ["If you are the victim of domestic violence, you may request that the
 officer  assist  in providing for your safety and that of your children,
 including providing information on how to obtain a  temporary  order  of
 protection.  You may also request that the officer assist you in obtain-
 ing your essential personal effects and  locating  and  taking  you,  or
 assist  in  making arrangements to take you, and your children to a safe
 place within such officer's jurisdiction, including but not limited to a
 domestic violence program, a family member's or a friend's residence, or
 a similar place of safety. When the officer's jurisdiction is more  than
 a  single  county,  you may ask the officer to take you or make arrange-
 ments to take you and your children to a place of safety in  the  county
 where  the  incident  occurred.  If  you or your children are in need of
 medical treatment, you have the right to request that the officer assist
 you in obtaining such medical treatment. You may request a copy  of  any
 incident  reports  at  no cost from the law enforcement agency. You have
 the right to seek legal counsel of your own choosing and if you  proceed
 in family court and if it is determined that you cannot afford an attor-
 ney, one must be appointed to represent you without cost to you.
   You may ask the district attorney or a law enforcement officer to file
 a  criminal complaint. You also have the right to file a petition in the
 family court when a family offense has been committed against  you.  You
 have  the  right  to  have  your  petition  and  request for an order of
 protection filed on the same day you appear in court, and  such  request
 must  be heard that same day or the next day court is in session. Either
 court may issue an order of protection from conduct constituting a fami-
 ly offense which could include, among other provisions, an order for the
 respondent or defendant to stay away from you  and  your  children.  The
 family  court  may also order the payment of temporary child support and
 award temporary custody of your children. If the family court is not  in
 session,  you  may  seek immediate assistance from the criminal court in
 obtaining an order of protection.
   The forms you need to obtain an order of protection are available from
 the family court and the local criminal court (the addresses  and  tele-
 phone numbers shall be listed). The resources available in this communi-
 ty for information relating to domestic violence, treatment of injuries,
 and places of safety and shelters can be accessed by calling the follow-
 ing  800 numbers (the statewide English and Spanish language 800 numbers
 shall be listed and space shall be provided for local domestic  violence
 hotline telephone numbers).

 S. 6158                             5

   Filing  a  criminal  complaint  or  a family court petition containing
 allegations that are knowingly false is a crime."] "ARE YOU  THE  VICTIM
 OF  DOMESTIC  VIOLENCE?  IF  YOU NEED HELP NOW, YOU CAN CALL 911 FOR THE
 POLICE TO COME TO YOU. YOU CAN ALSO CALL A  DOMESTIC  VIOLENCE  HOTLINE.
 YOU  CAN  HAVE A CONFIDENTIAL TALK WITH AN ADVOCATE AT THE HOTLINE ABOUT
 HELP YOU CAN GET IN YOUR COMMUNITY INCLUDING: WHERE YOU CAN  GET  TREAT-
 MENT FOR INJURIES, WHERE YOU CAN GET SHELTER, WHERE YOU CAN GET SUPPORT,
 AND  WHAT  YOU  CAN DO TO BE SAFE. THE NEW YORK STATE 24-HOUR DOMESTIC &
 SEXUAL VIOLENCE HOTLINE NUMBER IS (INSERT THE STATEWIDE MULTILINGUAL 800
 NUMBER). THEY CAN GIVE YOU INFORMATION IN MANY  LANGUAGES.  IF  YOU  ARE
 DEAF OR HARD OF HEARING, CALL 711.
   THIS IS WHAT THE POLICE CAN DO:
   THEY CAN HELP YOU AND YOUR CHILDREN FIND A SAFE PLACE SUCH AS A FAMILY
 OR FRIEND'S HOUSE OR A SHELTER IN YOUR COMMUNITY.
   YOU  CAN ASK THE OFFICER TO TAKE YOU OR HELP YOU AND YOUR CHILDREN GET
 TO A SAFE PLACE IN YOUR COMMUNITY.
   THEY CAN HELP CONNECT YOU TO A LOCAL DOMESTIC VIOLENCE PROGRAM.
   THEY CAN HELP YOU GET TO A HOSPITAL OR CLINIC FOR MEDICAL CARE.
   THEY CAN HELP YOU GET YOUR PERSONAL BELONGINGS.
   THEY MUST COMPLETE A REPORT DISCUSSING THE INCIDENT.  THEY  WILL  GIVE
 YOU  A  COPY  OF  THIS  POLICE REPORT BEFORE THEY LEAVE THE SCENE. IT IS
 FREE.
   THEY MAY, AND SOMETIMES MUST, ARREST THE PERSON WHO HARMED YOU IF  YOU
 ARE  THE VICTIM OF A CRIME. THE PERSON ARRESTED COULD BE RELEASED AT ANY
 TIME, SO IT IS IMPORTANT TO PLAN FOR YOUR SAFETY.
   IF YOU HAVE BEEN ABUSED OR THREATENED, THIS IS WHAT YOU  CAN  ASK  THE
 POLICE OR DISTRICT ATTORNEY TO DO:
   FILE A CRIMINAL COMPLAINT AGAINST THE PERSON WHO HARMED YOU.
   ASK  THE  CRIMINAL  COURT  TO ISSUE AN ORDER OF PROTECTION FOR YOU AND
 YOUR CHILD IF THE DISTRICT ATTORNEY  FILES  A  CRIMINAL  CASE  WITH  THE
 COURT.
   GIVE  YOU  INFORMATION  ABOUT FILING A FAMILY OFFENSE PETITION IN YOUR
 LOCAL FAMILY COURT.
   YOU ALSO HAVE THE RIGHT TO ASK  THE  FAMILY  COURT  FOR  AN  ORDER  OF
 PROTECTION FOR YOU AND YOUR CHILDREN.
   THIS IS WHAT YOU CAN ASK THE FAMILY COURT TO DO:
   TO  HAVE  YOUR  FAMILY  OFFENSE  PETITION FILED THE SAME DAY YOU GO TO
 COURT.
   TO HAVE YOUR REQUEST HEARD IN COURT THE SAME DAY YOU FILE OR THE  NEXT
 DAY COURT IS OPEN.
   ONLY  A JUDGE CAN ISSUE AN ORDER OF PROTECTION. THE JUDGE DOES THAT AS
 PART OF A CRIMINAL OR FAMILY COURT CASE AGAINST THE  PERSON  WHO  HARMED
 YOU.  AN  ORDER  OF  PROTECTION IN FAMILY COURT OR IN CRIMINAL COURT CAN
 SAY:
   THAT THE OTHER PERSON HAVE NO CONTACT OR  COMMUNICATION  WITH  YOU  BY
 MAIL, PHONE, COMPUTER OR THROUGH OTHER PEOPLE.
   THAT THE OTHER PERSON STAY AWAY FROM YOU AND YOUR CHILDREN, YOUR HOME,
 JOB OR SCHOOL.
   THAT  THE  OTHER  PERSON  NOT  ASSAULT, HARASS, THREATEN, STRANGLE, OR
 COMMIT ANOTHER FAMILY OFFENSE AGAINST YOU OR YOUR CHILDREN.
   THAT THE OTHER PERSON TURN IN THEIR FIREARMS  AND  FIREARMS  LICENSES,
 AND NOT GET ANY MORE FIREARMS.
   THAT YOU HAVE TEMPORARY CUSTODY OF YOUR CHILDREN.
   THAT THE OTHER PERSON PAY TEMPORARY CHILD SUPPORT.
   THAT THE OTHER PERSON NOT HARM YOUR PETS OR SERVICE ANIMALS.

 S. 6158                             6
 
   IF  THE  FAMILY  COURT  IS CLOSED BECAUSE IT IS NIGHT, A WEEKEND, OR A
 HOLIDAY, YOU CAN GO  TO  A  CRIMINAL  COURT  TO  ASK  FOR  AN  ORDER  OF
 PROTECTION.
   IF  YOU  DO NOT SPEAK ENGLISH OR CANNOT SPEAK IT WELL, YOU CAN ASK THE
 POLICE, THE DISTRICT ATTORNEY, OR THE CRIMINAL OR FAMILY  COURT  TO  GET
 YOU  AN  INTERPRETER  WHO SPEAKS YOUR LANGUAGE. THE INTERPRETER CAN HELP
 YOU EXPLAIN WHAT HAPPENED.
   YOU CAN GET THE FORMS YOU NEED TO ASK FOR AN ORDER  OF  PROTECTION  AT
 YOUR  LOCAL  FAMILY  COURT (INSERT ADDRESSES AND CONTACT INFORMATION FOR
 COURTS).  YOU CAN ALSO GET THEM ONLINE: WWW.NYCOURTS.GOV/FORMS.
   YOU DO NOT NEED A LAWYER TO ASK FOR AN ORDER OF PROTECTION.
   YOU HAVE A RIGHT TO GET A LAWYER IN THE FAMILY COURT.  IF  THE  FAMILY
 COURT  FINDS THAT YOU CANNOT AFFORD TO PAY FOR A LAWYER, IT MUST GET YOU
 ONE FOR FREE.
   IF YOU FILE A COMPLAINT OR FAMILY COURT PETITION, YOU WILL BE ASKED TO
 SWEAR TO ITS TRUTHFULNESS BECAUSE IT IS A CRIME TO FILE A LEGAL DOCUMENT
 THAT YOU KNOW IS FALSE."
   The division of criminal justice services  in  consultation  with  the
 state  office  for the prevention of domestic violence shall prepare the
 form of such written notice consistent with provisions of  this  section
 and  distribute  copies thereof to the appropriate law enforcement offi-
 cials pursuant to subdivision nine of section eight hundred forty-one of
 the executive law.
   Additionally, copies of such notice shall be  provided  to  the  chief
 administrator  of  the  courts  to  be  distributed to victims of family
 offenses through the criminal court at such time as such  persons  first
 come before the court and to the state department of health for distrib-
 ution  to all hospitals defined under article twenty-eight of the public
 health law. No cause of action for damages shall arise in favor  of  any
 person  by  reason  of any failure to comply with the provisions of this
 subdivision except upon a showing of gross negligence or willful miscon-
 duct.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S6158

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Sponsored By

John C. Liu