S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3226--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2025
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, HEVESI, LEE, ROSENTHAL, EPSTEIN,
   GRIFFIN,  WOERNER,  SEAWRIGHT,  DAVILA,  SHIMSKY,  LAVINE,  GALLAGHER,
   CUNNINGHAM,  CRUZ,  McMAHON,  JACKSON,  SLATER,  RAGA,  YEGER, SIMONE,
   GLICK, LUNSFORD,  SAYEGH,  STECK,  TAYLOR,  TAPIA,  ALVAREZ,  BEEPHAN,
   MAMDANI,  SIMON,  KASSAY -- read once and referred to the Committee on
   Judiciary -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, the penal law, the
   criminal procedure law, the judiciary law and the  executive  law,  in
   relation to anti-stalking orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "ceasing
 repeated and extremely egregious predatory (CREEP) behavior act".
   § 2. The civil practice law and rules is amended by adding a new arti-
 cle 63-B to read as follows:
 
                               ARTICLE 63-B
                           ANTI-STALKING ORDERS
 
 SECTION 6349. DEFINITIONS.
         6350. SPECIAL PROCEEDING FOR AN ANTI-STALKING ORDER.
         6351. TEMPORARY ANTI-STALKING ORDER.
         6352. FINAL ANTI-STALKING ORDER.
         6353. ISSUANCE OF AN ANTI-STALKING ORDER.
         6354.  RECONSIDERATION  AND  MODIFICATION  OF  AN  ANTI-STALKING
                         ORDER.
         6355. ENFORCEMENT.
         6356. FILING AND ENFORCEMENT OF OUT-OF-STATE ORDERS.
         6357. VIRTUAL PROCEEDINGS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06824-07-5
 A. 3226--A                          2
              

   § 6349. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "ANTI-STALKING  ORDER"  SHALL  MEAN AN ORDER OF PROTECTION, EITHER
 TEMPORARY OR FINAL, THAT ENTITLES THE PETITIONER TO CERTAIN  PROTECTIONS
 PRESCRIBED  IN  SECTIONS  SIXTY-THREE  HUNDRED  FIFTY-ONE OR SIXTY-THREE
 HUNDRED FIFTY-TWO OF THIS ARTICLE. AN ANTI-STALKING  ORDER  SHALL  BE  A
 FORM  OF  AN ORDER OF PROTECTION AND THE TERMS "ANTI-STALKING ORDER" AND
 "ORDER OF PROTECTION" MAY BE USED INTERCHANGEABLY THROUGHOUT THIS  ARTI-
 CLE.
   2.  "CONNECTED DEVICE" SHALL MEAN ANY DEVICE, OR OTHER PHYSICAL OBJECT
 THAT IS CAPABLE OF CONNECTING TO THE INTERNET, DIRECTLY  OR  INDIRECTLY,
 AND THAT IS ASSIGNED AN INTERNET PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
   3.  "COURSE  OF  CONDUCT" SHALL MEAN TWO OR MORE ACTS OVER A PERIOD OF
 TIME, HOWEVER SHORT, WHICH EVIDENCE A CONTINUITY  OF  PURPOSE,  WITH  AT
 LEAST  ONE ACT OCCURRING WITHIN THE NINETY DAYS PRIOR TO THE FILING OF A
 PETITION UNDER SECTION SIXTY-THREE HUNDRED  FIFTY  OF  THIS  ARTICLE.  A
 COURSE OF CONDUCT SHALL NOT INCLUDE CONDUCT THAT WAS NECESSARY TO ACCOM-
 PLISH  A  LEGITIMATE  PURPOSE  INDEPENDENT  OF  MAKING  CONTACT WITH THE
 TARGETED PERSON.
   4. "STALKING" AND "STALKED" SHALL MEAN WHEN THE  RESPONDENT  PURPOSELY
 OR  KNOWINGLY  ENGAGES IN A COURSE OF CONDUCT TARGETED AT THE PETITIONER
 WHICH WOULD CONSTITUTE STALKING IN THE FIRST  DEGREE,  AS  DESCRIBED  IN
 SECTION  120.60  OF  THE  PENAL  LAW,  STALKING IN THE SECOND DEGREE, AS
 DESCRIBED IN SECTION 120.55 OF THE PENAL  LAW,  STALKING  IN  THE  THIRD
 DEGREE, AS DESCRIBED IN SECTION 120.50 OF THE PENAL LAW, STALKING IN THE
 FOURTH DEGREE, AS DESCRIBED IN SECTION 120.45 OF THE PENAL LAW, MENACING
 IN  THE  SECOND DEGREE, AS DESCRIBED IN SECTION 120.14 OF THE PENAL LAW,
 MENACING IN THE THIRD DEGREE, AS DESCRIBED  IN  SECTION  120.15  OF  THE
 PENAL  LAW,  ASSAULT IN THE FIRST DEGREE, AS DESCRIBED IN SECTION 120.10
 OF THE PENAL LAW, ASSAULT IN THE SECOND DEGREE, AS DESCRIBED IN  SECTION
 120.05  OF  THE  PENAL LAW, ASSAULT IN THE THIRD DEGREE, AS DESCRIBED IN
 SECTION 120.00 OF THE PENAL LAW, AN ATTEMPTED ASSAULT, HARASSMENT IN THE
 FIRST DEGREE, AS DESCRIBED IN SECTION 240.25 OF THE PENAL  LAW,  HARASS-
 MENT  IN  THE SECOND DEGREE, AS DESCRIBED IN SECTION 240.26 OF THE PENAL
 LAW, AGGRAVATED HARASSMENT IN THE FIRST DEGREE, AS DESCRIBED IN  SECTION
 240.31  OF THE PENAL LAW, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, AS
 DESCRIBED IN SECTION 240.30 OF THE PENAL LAW, UNLAWFUL DISSEMINATION  OR
 PUBLICATION  OF AN INTIMATE IMAGE, AS DESCRIBED IN SECTION 245.15 OF THE
 PENAL LAW, RECKLESS ENDANGERMENT IN THE FIRST DEGREE,  AS  DESCRIBED  IN
 SECTION  120.25  OF  THE  PENAL LAW, RECKLESS ENDANGERMENT IN THE SECOND
 DEGREE, AS DESCRIBED IN SECTION 120.20 OF THE PENAL LAW, IDENTITY  THEFT
 IN  THE  FIRST  DEGREE, AS DESCRIBED IN SECTION 190.80 OF THE PENAL LAW,
 IDENTITY THEFT IN THE SECOND DEGREE, AS DESCRIBED IN SECTION  190.79  OF
 THE  PENAL  LAW,  IDENTITY  THEFT  IN  THE THIRD DEGREE, AS DESCRIBED IN
 SECTION 190.78 OF THE PENAL  LAW,  COERCION  IN  THE  FIRST  DEGREE,  AS
 DESCRIBED  IN  SECTION  135.65  OF THE PENAL LAW, COERCION IN THE SECOND
 DEGREE, AS DESCRIBED IN SECTION 135.61 OF THE PENAL LAW, AND/OR COERCION
 IN THE THIRD DEGREE, AS DESCRIBED IN SECTION 135.60 OF THE PENAL LAW.
   § 6350. SPECIAL PROCEEDING FOR AN ANTI-STALKING ORDER. 1. THE  SUPREME
 COURT  SHALL HAVE JURISDICTION OVER SPECIAL PROCEEDINGS UNDER THIS ARTI-
 CLE.
   2. A SPECIAL PROCEEDING UNDER THIS ARTICLE MAY  BE  COMMENCED  IN  THE
 COUNTY  IN WHICH THE ACTS REFERRED TO IN THE PETITION ALLEGEDLY OCCURRED
 OR IN WHICH ANY PARTY RESIDES. IF THE  PETITIONER  FLED  THEIR  ORIGINAL
 RESIDENCE  TO AVOID STALKING, THE SPECIAL PROCEEDING MAY BE COMMENCED IN
 THE COUNTY OF THE PETITIONER'S ORIGINAL RESIDENCE OR IN  THE  COUNTY  OF
 THEIR NEW RESIDENCE.
 A. 3226--A                          3
 
   3.  NO  ANTI-STALKING ORDER SHALL BE ISSUED BETWEEN A PETITIONER AND A
 RESPONDENT WHO ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD, AS THAT TERM
 IS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  TWELVE  OF  THE
 FAMILY COURT ACT.
   4. A PETITION FILED UNDER THIS ARTICLE SHALL CONTAIN:
   (A) AN ALLEGATION THAT THE RESPONDENT STALKED THE PETITIONER;
   (B) THE RELATIONSHIP OF THE RESPONDENT TO THE PETITIONER, IF ANY; AND
   (C) A REQUEST FOR AN ORDER OF PROTECTION.
   §  6351. TEMPORARY ANTI-STALKING ORDER. 1. UPON APPLICATION OF A PETI-
 TIONER, AND FOR GOOD CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY  ANTI-
 STALKING  ORDER WITHOUT NOTICE TO THE RESPONDENT UPON A FINDING THAT THE
 RESPONDENT LIKELY POSES AN IMMEDIATE THREAT TO THE SAFETY OR WELFARE  OF
 THE  PETITIONER,  A MEMBER OF THE PETITIONER'S HOUSEHOLD, OR A COMPANION
 ANIMAL, AS THAT TERM IS DEFINED IN SUBDIVISION  FIVE  OF  SECTION  THREE
 HUNDRED  FIFTY  OF  THE  AGRICULTURE AND MARKETS LAW, THAT IS POSSESSED,
 KEPT, OR HELD BY THE PETITIONER.
   2. THE COURT SHALL RULE ON THE APPLICATION FOR A TEMPORARY ANTI-STALK-
 ING ORDER IN A WRITTEN DECISION ON THE SAME DAY THAT THE APPLICATION  IS
 FILED OR THE NEXT DAY THAT THE COURT IS OPEN.
   3. A TEMPORARY ANTI-STALKING ORDER ISSUED PURSUANT TO THIS SECTION MAY
 REQUIRE THAT THE RESPONDENT:
   (A)  CEASE  ALL  CONTACT, BY ELECTRONIC MEANS, TELEPHONE, MAIL, OR ANY
 OTHER MEANS, WITH THE PETITIONER AND/OR ANOTHER PERSON;
   (B) REFRAIN FROM FOLLOWING,  MONITORING,  OR  KEEPING  THE  PETITIONER
 UNDER  PHYSICAL  OR  ELECTRONIC SURVEILLANCE, OR USING TELEPHONIC, AUDI-
 OVISUAL, OR OTHER ELECTRONIC MEANS TO MONITOR THE ACTIONS, LOCATION,  OR
 COMMUNICATION OF THE PETITIONER AND/OR ANOTHER PERSON;
   (C)  REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES AFFECTING
 THE HOME, VEHICLE, OR PROPERTY OF THE PETITIONER AND/OR ANOTHER PERSON;
   (D) STAY AWAY FROM THE HOME, SCHOOL, BUSINESS, MOTOR VEHICLE, OR PLACE
 OF EMPLOYMENT OF THE PETITIONER AND/OR ANY OTHER PERSON,  OR  ANY  OTHER
 SPECIFIED LOCATION AS DESIGNATED BY THE COURT; AND/OR
   (E) ENGAGE OR CEASE ENGAGING IN ANY OTHER  BEHAVIOR  WHICH  THE  COURT
 DETERMINES  WILL  MEET THE OBJECTIVE OF PROTECTING THE PETITIONER, UNTIL
 THE DATE OF THE HEARING ON A FINAL  ANTI-STALKING  ORDER.  SUCH  HEARING
 SHALL BE SCHEDULED AS SOON AS PRACTICABLE.  ANY REQUIREMENTS IN A TEMPO-
 RARY  ANTI-STALKING  ORDER  IMPOSED  ON  THE  RESPONDENT WHICH INVOLVE A
 PERSON OTHER THAN THE PETITIONER MAY ONLY BE MADE IF AND TO  THE  EXTENT
 THAT SUCH REQUIREMENTS FURTHER THE PURPOSE OF PROTECTING THE PETITIONER.
   §  6352.  FINAL ANTI-STALKING ORDER. 1.  IF THE COURT, AFTER NOTICE TO
 THE RESPONDENT AND A HEARING, FINDS THAT THE ALLEGATIONS OF THE PETITION
 ARE SUPPORTED BY A FAIR PREPONDERANCE OF THE  EVIDENCE,  THE  COURT  MAY
 ISSUE  A  FINAL  ANTI-STALKING  ORDER.   A FINAL ANTI-STALKING ORDER MAY
 REQUIRE THAT THE RESPONDENT:
   (A) CEASE ALL CONTACT, BY ELECTRONIC MEANS, TELEPHONE,  MAIL,  OR  ANY
 OTHER MEANS, WITH THE PETITIONER AND/OR ANOTHER PERSON;
   (B)  REFRAIN  FROM  FOLLOWING,  MONITORING,  OR KEEPING THE PETITIONER
 UNDER PHYSICAL OR ELECTRONIC SURVEILLANCE, OR  USING  TELEPHONIC,  AUDI-
 OVISUAL,  OR OTHER ELECTRONIC MEANS TO MONITOR THE ACTIONS, LOCATION, OR
 COMMUNICATION OF THE PETITIONER AND/OR ANOTHER PERSON;
   (C) REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES  AFFECTING
 THE HOME, VEHICLE, OR PROPERTY OF THE PETITIONER AND/OR ANOTHER PERSON;
   (D) STAY AWAY FROM THE HOME, SCHOOL, BUSINESS, MOTOR VEHICLE, OR PLACE
 OF  EMPLOYMENT  OF  THE PETITIONER AND/OR ANY OTHER PERSON, OR ANY OTHER
 SPECIFIED LOCATION AS DESIGNATED BY THE COURT;
 A. 3226--A                          4
 
   (E) PAY THE REASONABLE  COUNSEL  FEES  AND  DISBURSEMENT  INVOLVED  IN
 OBTAINING  OR ENFORCING THE ANTI-STALKING ORDER WHICH THE PETITIONER HAS
 SOUGHT; AND/OR
   (F)  ENGAGE  OR  CEASE  ENGAGING IN ANY OTHER BEHAVIOR WHICH THE COURT
 DETERMINES WILL MEET THE OBJECTIVE OF PROTECTING THE PETITIONER,  FOR  A
 PERIOD  OF  TIME NOT IN EXCESS OF FIVE YEARS. THE DURATION OF ANY TEMPO-
 RARY ANTI-STALKING ORDER SHALL NOT BY ITSELF BE A FACTOR IN  DETERMINING
 THE  LENGTH  OR ISSUANCE OF ANY FINAL ANTI-STALKING ORDER.  ANY REQUIRE-
 MENTS IN A FINAL ANTI-STALKING ORDER IMPOSED  ON  THE  RESPONDENT  WHICH
 INVOLVE  A  PERSON  OTHER THAN THE PETITIONER MAY ONLY BE MADE IF AND TO
 THE EXTENT THAT SUCH REQUIREMENTS FURTHER THE PURPOSE OF PROTECTING  THE
 PETITIONER.  THE  COURT MAY, UPON MOTION, EXTEND THE ORDER OF PROTECTION
 FOR A REASONABLE PERIOD OF TIME UPON A SHOWING OF GOOD CAUSE OR  CONSENT
 OF THE PARTIES.
   § 6353. ISSUANCE OF AN ANTI-STALKING ORDER.  1. AN ANTI-STALKING ORDER
 ISSUED  PURSUANT  TO THIS ARTICLE SHALL BEAR IN A CONSPICUOUS MANNER THE
 TERM "ORDER OF PROTECTION" OR "TEMPORARY ORDER  OF  PROTECTION"  AS  THE
 CASE MAY BE AND A COPY SHALL BE FILED BY THE CLERK OF THE COURT WITH THE
 SHERIFF'S  OFFICE  IN THE COUNTY IN WHICH THE PETITIONER RESIDES, OR, IF
 THE PETITIONER RESIDES WITHIN A CITY, WITH THE POLICE DEPARTMENT OF SUCH
 CITY. THE ANTI-STALKING ORDER SHALL ALSO CONTAIN THE  FOLLOWING  NOTICE:
 "THIS  ORDER  OF  PROTECTION WILL REMAIN IN EFFECT EVEN IF THE PROTECTED
 PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE  PARTY
 AGAINST  WHOM  THE ORDER IS ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE
 MODIFIED OR TERMINATED BY THE COURT.  THE PROTECTED PARTY CANNOT BE HELD
 TO VIOLATE THIS ORDER NOR BE ARRESTED FOR VIOLATING  THIS  ORDER.".  THE
 ABSENCE  OF  SUCH  LANGUAGE SHALL NOT AFFECT THE VALIDITY OF SUCH ORDER.
 SUCH ANTI-STALKING ORDER SHALL PLAINLY STATE THE DATE  THAT  SUCH  ORDER
 EXPIRES,  IF  TEMPORARY, OR, IF THE ORDER IS A FINAL ANTI-STALKING ORDER
 ISSUED PURSUANT TO SECTION SIXTY-THREE HUNDRED FIFTY-TWO OF  THIS  ARTI-
 CLE, THE LENGTH OF SUCH ORDER.
   2.  THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER LAW
 ENFORCEMENT AGENCY WITH JURISDICTION,  AND  THE  STATEWIDE  COMPUTERIZED
 REGISTRY  OF  ORDERS OF PROTECTION AND WARRANTS OF ARREST REFERRED TO IN
 SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW OF THE ISSUANCE OF
 AN ANTI-STALKING ORDER AND PROVIDE A COPY OF SUCH ORDER  NO  LATER  THAN
 THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER TO SUCH DIVISION AND AGEN-
 CY.  THE  COURT  ALSO SHALL PROMPTLY NOTIFY SUCH DIVISION AND AGENCY AND
 PROVIDE A COPY OF ANY ORDER MODIFYING  OR  VACATING  SUCH  ANTI-STALKING
 ORDER NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER.
   3.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE APPROPRIATE
 UNIFORM TEMPORARY ANTI-STALKING ORDER FORMS, APPLICABLE  TO  PROCEEDINGS
 UNDER THIS ARTICLE, TO BE USED THROUGHOUT THE STATE. SUCH FORMS SHALL BE
 PROMULGATED  AND  DEVELOPED  IN  A MANNER TO ENSURE THE COMPATIBILITY OF
 SUCH FORMS WITH THE STATEWIDE COMPUTERIZED REGISTRY ESTABLISHED PURSUANT
 TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW.
   § 6354. RECONSIDERATION AND MODIFICATION OF  AN  ANTI-STALKING  ORDER.
 FOR  GOOD  CAUSE  SHOWN,  THE COURT MAY, AFTER A HEARING, RECONSIDER AND
 MODIFY ANY ORDER ISSUED UNDER SECTION SIXTY-THREE HUNDRED FIFTY-THREE OF
 THIS ARTICLE.
   § 6355. ENFORCEMENT. 1.  ANY  VIOLATIONS  OF  AN  ANTI-STALKING  ORDER
 ISSUED  BY  A COURT UNDER THIS ARTICLE SHALL BE SUBJECT TO THE PENALTIES
 OF SECTIONS 120.14, 215.50, 215.51, AND 215.52  OF  THE  PENAL  LAW,  AS
 PRESCRIBED BY SUCH SECTIONS.
 A. 3226--A                          5
 
   2.  ANY  ANTI-STALKING ORDER ISSUED UNDER THIS ARTICLE IS A MANDATE OF
 THE COURT FOR PURPOSES OF THE OFFENSE OF CRIMINAL CONTEMPT  IN  SUBDIVI-
 SION THREE OF SECTION 215.50 OF THE PENAL LAW.
   3.  IN  ANY PROCEEDING IN WHICH AN ANTI-STALKING ORDER HAS BEEN ISSUED
 UNDER THIS ARTICLE, THE CLERK OF THE COURT SHALL ISSUE TO THE PETITIONER
 AND RESPONDENT AND RESPONDENT'S COUNSEL AND TO ANY OTHER PERSON AFFECTED
 BY THE ORDER A COPY OF THE ANTI-STALKING ORDER AND ENSURE THAT A COPY OF
 THE ANTI-STALKING ORDER BE TRANSMITTED,  IF  APPLICABLE,  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 DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION  WHERE  THE  INDIVIDUAL  IS  UNDER
 PROBATION  OR  PAROLE  SUPERVISION.  THE  PRESENTATION OF A COPY OF SUCH
 ORDER TO ANY PEACE OFFICER ACTING PURSUANT TO THEIR  SPECIAL  DUTIES  OR
 POLICE  OFFICER  SHALL  CONSTITUTE AUTHORITY FOR THEM TO ARREST A PERSON
 WHO HAS VIOLATED THE TERMS OF SUCH ORDER AND BRING  SUCH  PERSON  BEFORE
 THE  COURT  AND, OTHERWISE, SO FAR AS LIES WITHIN THEIR POWER, TO AID IN
 SECURING THE PROTECTION SUCH ORDER WAS INTENDED TO AFFORD. THE PROTECTED
 PARTY IN WHOSE FAVOR THE ANTI-STALKING ORDER IS ISSUED MAY NOT  BE  HELD
 TO  VIOLATE AN ORDER ISSUED IN THEIR FAVOR, NOR MAY SUCH PROTECTED PARTY
 BE ARRESTED FOR VIOLATING SUCH ORDER.
   § 6356. FILING AND ENFORCEMENT OF OUT-OF-STATE ORDERS.    1.  A  VALID
 ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF PROTECTION THAT IS SUBSTAN-
 TIALLY SIMILAR TO THE ANTI-STALKING  ORDER  DESCRIBED  IN  THIS  ARTICLE
 WHICH  IS  ISSUED  BY  COURT OF COMPETENT JURISDICTION IN ANOTHER STATE,
 TERRITORIAL, OR TRIBAL JURISDICTION SHALL BE  ACCORDED  FULL  FAITH  AND
 CREDIT AND ENFORCED AS IF IT WERE ISSUED BY A COURT WITHIN THE STATE FOR
 AS  LONG  AS  THE ORDER REMAINS IN EFFECT IN THE ISSUING JURISDICTION IN
 ACCORDANCE WITH SECTIONS TWO THOUSAND TWO  HUNDRED  SIXTY-FIVE  AND  TWO
 THOUSAND  TWO  HUNDRED  SIXTY-SIX OF TITLE EIGHTEEN OF THE UNITED STATES
 CODE.
   2. AN ORDER ISSUED BY A COURT OF  COMPETENT  JURISDICTION  IN  ANOTHER
 STATE, TERRITORIAL, OR TRIBAL JURISDICTION SHALL BE DEEMED VALID IF:
   (A)  THE  ISSUING COURT HAD PERSONAL JURISDICTION OVER THE PARTIES AND
 OVER THE SUBJECT MATTER UNDER THE LAW OF THE ISSUING JURISDICTION; AND
   (B) THE PERSON AGAINST WHOM THE ORDER WAS ISSUED HAD REASONABLE NOTICE
 AND AN OPPORTUNITY TO BE HEARD PRIOR TO ISSUANCE OF THE ORDER; PROVIDED,
 HOWEVER, THAT IF THE ORDER WAS A TEMPORARY ORDER OF PROTECTION ISSUED IN
 THE ABSENCE OF SUCH PERSON, THAT NOTICE  HAD  BEEN  GIVEN  AND  THAT  AN
 OPPORTUNITY  TO BE HEARD HAD BEEN PROVIDED WITHIN A REASONABLE PERIOD OF
 TIME AFTER THE ISSUANCE OF THE ORDER.
   3. NOTWITHSTANDING THE PROVISIONS OF ARTICLE FIFTY-FOUR OF THIS  CHAP-
 TER, AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY A
 COURT OF COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL, OR TRIBAL
 JURISDICTION, ACCOMPANIED BY A SWORN AFFIDAVIT THAT UPON INFORMATION AND
 BELIEF  SUCH  ORDER  IS IN EFFECT AS WRITTEN AND HAS NOT BEEN VACATED OR
 MODIFIED, MAY BE FILED WITHOUT FEE WITH THE CLERK OF THE COURT.
   § 6357. VIRTUAL PROCEEDINGS. ANY SUPREME COURT CONDUCTING A PROCEEDING
 FOR A TEMPORARY OR FINAL ANTI-STALKING  ORDER  UNDER  THIS  ARTICLE  MAY
 CONDUCT  SUCH  PROCEEDINGS  VIRTUALLY,  PROVIDED THAT SUCH PROCEEDING IS
 CONDUCTED IN A MANNER CONSISTENT WITH  ANY  RULES  AND  REGULATIONS  FOR
 VIRTUAL PROCEEDINGS PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
 UNDER SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW.
   § 3. Paragraph 6 of subdivision (b) of section 8018 of the civil prac-
 tice  law  and  rules, as amended by chapter 428 of the laws of 2023, is
 amended and a new paragraph 7 is added to read as follows:
 A. 3226--A                          6
 
   6. upon the filing of an application for an  extreme  risk  protection
 order  pursuant  to  article [sixty-three-a] SIXTY-THREE-A of this chap-
 ter[.]; OR
   7.  UPON  THE FILING OF A PETITION FOR AN ANTI-STALKING ORDER PURSUANT
 TO ARTICLE SIXTY-THREE-B OF THIS CHAPTER.
   § 4. Section 120.14 of the penal law, as amended by chapter 222 of the
 laws of 1994, subdivision 3 as amended by chapter 597  of  the  laws  of
 1998, is amended to read as follows:
 § 120.14 Menacing in the second degree.
   A person is guilty of menacing in the second degree when:
   1.  [He  or she] SUCH PERSON intentionally places or attempts to place
 another person in reasonable fear of physical injury,  serious  physical
 injury  or  death by displaying a deadly weapon, dangerous instrument or
 what appears to be a pistol, revolver, rifle, shotgun,  machine  gun  or
 other firearm; or
   2. [He or she] SUCH PERSON repeatedly follows a person or engages in a
 course  of  conduct  or  repeatedly  commits  acts over a period of time
 intentionally placing or attempting to place another person  in  reason-
 able fear of physical injury, serious physical injury or death; or
   3.  [He or she] SUCH PERSON commits the crime of menacing in the third
 degree in violation of that part of a duly served order  of  protection,
 or such order which the defendant has actual knowledge of because [he or
 she]  SUCH  DEFENDANT  was  present in court when such order was issued,
 pursuant to article eight of the family court act, section 530.12 of the
 criminal procedure law, ARTICLE SIXTY-THREE-B OF THE CIVIL PRACTICE  LAW
 AND  RULES,  or  an  order  of protection issued by a court of competent
 jurisdiction in another state, territorial or tribal jurisdiction, which
 directed the respondent or defendant to stay away  from  the  person  or
 persons on whose behalf the order was issued.
   Menacing in the second degree is a class A misdemeanor.
   § 5. Section 215.51 of the penal law, as amended by chapter 222 of the
 laws  of  1994,  subdivision  (b) as added by chapter 353 of the laws of
 1996, the opening paragraph of subdivision (b) and  subdivision  (d)  as
 amended  by  chapter 597 of the laws of 1998, subdivision (c) as amended
 by chapter 349 of the laws of 2006, is amended to read as follows:
 § 215.51 Criminal contempt in the first degree.
   A person is guilty of criminal contempt in the first degree when:
   (a) [he] SUCH PERSON contumaciously and unlawfully refuses to be sworn
 as a witness before a grand jury, or, when after having been sworn as  a
 witness  before  a  grand  jury,  [he] SUCH PERSON refuses to answer any
 legal and proper interrogatory; or
   (b) in violation of a duly served order of protection, or  such  order
 of  which  the  defendant  has actual knowledge because [he or she] SUCH
 DEFENDANT was present in court when such order was issued, or  an  order
 of  protection  issued  by  a court of competent jurisdiction in this or
 another state, territorial or tribal  jurisdiction,  [he  or  she]  SUCH
 DEFENDANT:
   (i)  intentionally  places  or  attempts  to  place a person for whose
 protection such order was issued in reasonable fear of physical  injury,
 serious  physical injury or death by displaying a deadly weapon, danger-
 ous instrument or what appears to be a pistol, revolver, rifle, shotgun,
 machine gun or other firearm or by means of a threat or threats; or
   (ii) intentionally places or attempts to  place  a  person  for  whose
 protection  such order was issued in reasonable fear of physical injury,
 serious physical injury, or death by repeatedly following such person or
 A. 3226--A                          7
 
 engaging in a course of conduct or repeatedly  committing  acts  over  a
 period of time; or
   (iii)  intentionally  places  or  attempts to place a person for whose
 protection such order was issued in reasonable fear of physical  injury,
 serious physical injury, or death when [he or she] SUCH DEFENDANT commu-
 nicates  or  causes  a communication to be initiated with such person by
 mechanical or electronic means or otherwise, anonymously  or  otherwise,
 by telephone, or by telegraph, mail, or any other form of written commu-
 nication; or
   (iv)  with  intent  to  harass,  annoy, threaten or alarm a person for
 whose protection such order was issued, repeatedly makes telephone calls
 to such person, whether or not a conversation ensues, with no purpose of
 legitimate communication; or
   (v) with intent to harass, annoy, threaten or alarm a person for whose
 protection such order was issued, strikes, shoves,  kicks  or  otherwise
 subjects  such other person to physical contact or attempts or threatens
 to do the same; or
   (vi) by physical menace, intentionally places or attempts to  place  a
 person  for whose protection such order was issued in reasonable fear of
 death, imminent serious physical injury, or physical injury.
   (c) [he or she] SUCH DEFENDANT commits the crime of criminal  contempt
 in  the  second degree as defined in subdivision three of section 215.50
 of this article by violating  that  part  of  a  duly  served  order  of
 protection,  or  such  order of which the defendant has actual knowledge
 because [he or she] SUCH DEFENDANT was present in court when such  order
 was  issued,  under sections two hundred forty and two hundred fifty-two
 of the domestic relations law, articles four, five, six and eight of the
 family court act, [and] section 530.12 of the  criminal  procedure  law,
 AND  ARTICLE  SIXTY-THREE-B  OF  THE CIVIL PRACTICE LAW AND RULES, or an
 order of protection issued by  a  court  of  competent  jurisdiction  in
 another  state,  territorial, or tribal jurisdiction, which requires the
 respondent or defendant to stay away from the person or persons on whose
 behalf the order was issued, and where the defendant has been previously
 convicted of the crime  of  aggravated  criminal  contempt  or  criminal
 contempt  in  the  first  or  second  degree  for  violating an order of
 protection as described herein within the preceding five years; or
   (d) in violation of a duly served order of protection, or  such  order
 of  which  the  defendant  has actual knowledge because [he or she] SUCH
 DEFENDANT was present in court when such order was issued, or  an  order
 issued  by  a  court of competent jurisdiction in this or another state,
 territorial or tribal jurisdiction, [he or she]  SUCH  DEFENDANT  inten-
 tionally  or  recklessly  damages  the  property  of  a person for whose
 protection such order was issued in  an  amount  exceeding  two  hundred
 fifty dollars.
   Criminal contempt in the first degree is a class E felony.
   § 6. Subdivision 4 of section 140.10 of the criminal procedure law, as
 added  by  chapter  222 of the laws of 1994, paragraph (a) as amended by
 chapter 511 of the laws of 1996, paragraph (b) as amended by chapter 107
 of the laws of 2004, paragraph (c) and the third undesignated  paragraph
 as  amended  by  chapter  4 of the laws of 1997, the second undesignated
 paragraph as added by chapter 480 of the laws of 2013, and  the  closing
 paragraph  as  amended by chapter 224 of the laws of 1994, is amended to
 read as follows:
   4. Notwithstanding any other provisions  of  this  section,  a  police
 officer  shall  arrest  a person, and shall not attempt to reconcile the
 A. 3226--A                          8
 
 parties or mediate, where such officer has reasonable cause  to  believe
 that:
   (a)  a  felony,  other  than  subdivision  three, four, nine or ten of
 section 155.30 of the penal law,  has  been  committed  by  such  person
 against  a member of the same family or household, as member of the same
 family or household is defined in subdivision one of section  530.11  of
 this chapter; or
   (b) a duly served order of protection, ANTI-STALKING ORDER, or special
 order of conditions issued pursuant to subparagraph (i) or (ii) of para-
 graph  (o)  of  subdivision  one of section 330.20 of this chapter is in
 effect, or an order of which the  respondent  or  defendant  has  actual
 knowledge  because  [he  or she] THE DEFENDANT was present in court when
 such order was issued, where the order appears to have been issued by  a
 court of competent jurisdiction of this or another state, territorial or
 tribal jurisdiction; and
   (i) Such order directs that the respondent or defendant stay away from
 persons  on  whose  behalf  the  order of protection or special order of
 conditions has been issued and the respondent or defendant committed  an
 act or acts in violation of such "stay away" provision of such order; or
   (ii)  The  respondent or defendant commits a family offense as defined
 in subdivision one of section eight hundred twelve of the  family  court
 act or subdivision one of section 530.11 of this chapter in violation of
 such order of protection or special order of conditions.
   The  provisions  of  this  subdivision  shall  apply only to orders of
 protection issued pursuant to sections two hundred forty and two hundred
 fifty-two of the domestic relations law, articles four,  five,  six  and
 eight  of  the  family  court  act  and  section 530.12 of this chapter,
 special orders of conditions issued pursuant to subparagraph (i) or (ii)
 of paragraph (o) of subdivision one of section 330.20  of  this  chapter
 insofar  as  they  involve  a  victim or victims of domestic violence as
 defined by subdivision one of section four hundred fifty-nine-a  of  the
 social  services law or a designated witness or witnesses to such domes-
 tic violence, ANTI-STALKING ORDERS ISSUED  PURSUANT  TO  ARTICLE  SIXTY-
 THREE-B OF THE CIVIL PRACTICE LAW AND RULES, and to orders of protection
 issued by courts of competent jurisdiction in another state, territorial
 or  tribal  jurisdiction. In determining whether reasonable cause exists
 to make an arrest for a violation of an  order  issued  by  a  court  of
 another  state,  territorial  or  tribal jurisdiction, the officer shall
 consider, among other factors, whether the order, if available,  appears
 to  be  valid on its face or whether a record of the order exists on the
 statewide registry of orders  of  protection  and  warrants  established
 pursuant to section two hundred twenty-one-a of the executive law or the
 protection  order  file  maintained  by  the  national crime information
 center; provided, however, that entry of  the  order  of  protection  or
 special  order of conditions into the statewide registry or the national
 protection order file shall not  be  required  for  enforcement  of  the
 order.  When  a special order of conditions is in effect and a defendant
 or respondent has been taken into custody pursuant  to  this  paragraph,
 nothing  contained  in  this paragraph shall restrict or impair a police
 officer from acting pursuant to section 9.41 of the mental hygiene  law;
 or
   (c)  a  misdemeanor  constituting  a  family  offense, as described in
 subdivision one of section 530.11 of  this  chapter  and  section  eight
 hundred  twelve  of  the  family  court  act, has been committed by such
 person against such  family  or  household  member,  unless  the  victim
 requests  otherwise. The officer shall neither inquire as to whether the
 A. 3226--A                          9
 
 victim seeks an arrest of such person nor threaten  the  arrest  of  any
 person for the purpose of discouraging requests for police intervention.
 Notwithstanding  the  foregoing, when an officer has reasonable cause to
 believe that more than one family or household member has committed such
 a  misdemeanor,  the officer is not required to arrest each such person.
 In such circumstances, the officer shall attempt to identify and  arrest
 the  primary  physical  aggressor after considering: (i) the comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er any such person is threatening or has threatened future harm  against
 another  party  or another family or household member; (iii) whether any
 such person has a prior history of domestic violence  that  the  officer
 can  reasonably ascertain; and (iv) whether any such person acted defen-
 sively to protect [himself or herself] THEMSELF from injury. The officer
 shall evaluate each complaint separately to determine who is the primary
 physical aggressor and shall not base the decision to arrest or  not  to
 arrest  on  the  willingness of a person to testify or otherwise partic-
 ipate in a judicial proceeding.
   The protected party in whose  favor  the  order  of  protection  [or],
 temporary  order of protection, OR ANTI-STALKING ORDER is issued may not
 be held to violate an order issued in [his or her] THEIR favor  nor  may
 such protected party be arrested for violating such order.
   Nothing  contained  in this subdivision shall be deemed to (a) require
 the arrest of any  person  when  the  officer  reasonably  believes  the
 person's  conduct is justifiable under article thirty-five of title C of
 the penal law; or (b) restrict or impair the authority  of  any  munici-
 pality,  political  subdivision,  or  the  division of state police from
 promulgating rules, regulations and policies  requiring  the  arrest  of
 persons in additional circumstances where domestic violence has alleged-
 ly occurred.
   No  cause  of action for damages shall arise in favor of any person by
 reason of any arrest made by a police officer pursuant to this  subdivi-
 sion,  except  as  provided  in  sections  seventeen and eighteen of the
 public officers law and sections fifty-k, fifty-l, fifty-m  and  fifty-n
 of the general municipal law, as appropriate.
   § 7. The opening paragraphs of paragraphs (t) and (t-1) of subdivision
 2  of section 212 of the judiciary law, as added by section 2 of part BB
 of chapter 55 of the laws of 2017, are amended to read as follows:
   Make available translation services to all family and  supreme  courts
 to  assist  in  the  translation  of  orders of protection and temporary
 orders of protection, INCLUDING A TEMPORARY OR FINAL ANTI-STALKING ORDER
 ISSUED PURSUANT TO ARTICLE SIXTY-THREE-B OF THE CIVIL PRACTICE  LAW  AND
 RULES,  as  provided  in  this  paragraph, where the person protected by
 and/or the person subject to the order of protection has limited English
 proficiency or has a limited ability to read English:
   Issue reports concerning  the  availability  of  translation  services
 where orders of protection and temporary orders of protection, INCLUDING
 A  TEMPORARY  OR  FINAL  ANTI-STALKING  ORDER ISSUED PURSUANT TO ARTICLE
 SIXTY-THREE-B OF THE CIVIL PRACTICE LAW AND RULES, are  issued;  special
 pilot programs.
   §  8.  Subdivision 1 of section 221-a of the executive law, as amended
 by chapter 427 of the laws of 2024, is amended to read as follows:
   1. The superintendent, in consultation with the division  of  criminal
 justice services, office of court administration, and the office for the
 prevention  of domestic violence, shall develop a comprehensive plan for
 the establishment and maintenance of a statewide  computerized  registry
 of all orders of protection issued pursuant to articles four, five, six,
 A. 3226--A                         10
 
 eight  and  ten  of the family court act, section 530.12 of the criminal
 procedure law and, insofar as they involve victims of domestic  violence
 as  defined  by section four hundred fifty-nine-a of the social services
 law,  section  530.13  of  the  criminal  procedure law and sections two
 hundred forty and two hundred fifty-two of the domestic  relations  law,
 extreme  risk protection orders issued pursuant to article sixty-three-A
 of the civil practice law and rules, ANTI-STALKING ORDERS ISSUED  PURSU-
 ANT  TO  ARTICLE  SIXTY-THREE-B OF THE CIVIL PRACTICE LAW AND RULES, and
 orders of protection issued  by  courts  of  competent  jurisdiction  in
 another  state,  territorial  or  tribal jurisdiction, special orders of
 conditions issued pursuant to subparagraph (i) or (ii) of paragraph  (o)
 of subdivision one of section 330.20 of the criminal procedure law inso-
 far  as they involve a victim or victims of domestic violence as defined
 by subdivision one of section four hundred fifty-nine-a  of  the  social
 services  law  or  a  designated  witness  or witnesses to such domestic
 violence, and all warrants  issued  pursuant  to  sections  one  hundred
 fifty-three  and eight hundred twenty-seven of the family court act, and
 arrest and bench warrants as defined in subdivisions twenty-eight, twen-
 ty-nine and thirty of section 1.20 of the criminal procedure law,  inso-
 far as such warrants pertain to orders of protection or temporary orders
 of  protection;  provided,  however,  that  warrants  issued pursuant to
 section one hundred fifty-three of the family court  act  pertaining  to
 articles  three and seven of such act and section 530.13 of the criminal
 procedure law shall not be included in the registry. The  superintendent
 shall  establish  and  maintain such registry for the purposes of ascer-
 taining the existence of  orders  of  protection,  temporary  orders  of
 protection, warrants and special orders of conditions, and for enforcing
 the provisions of paragraph (b) of subdivision four of section 140.10 of
 the criminal procedure law.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the amendments to
 subdivision 4 of section 140.10 of the criminal procedure  law  made  by
 section  six of this act shall not affect the repeal of such subdivision
 and shall expire and be deemed repealed therewith.