S T A T E   O F   N E W   Y O R K
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                                  2564

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. KATZ -- Multi-Sponsored by -- M. of A. CROUCH,
  FINCH, HAWLEY, LOPEZ, TENNEY -- read once and referred to the  Commit-
  tee on Judiciary

AN  ACT to amend the family court act and the criminal procedure law, in
  relation  to  preventing  intimidation  in  all  order  of  protection
  proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 821-a of the family court act,  as
added  by  chapter  222  of  the  laws of 1994, is amended to to read as
follows:
  1. Upon the filing of a petition under this article, the  court  shall
advise  the petitioner of the right to retain legal representation [or],
if [indigent,] INDIGENT the right to have counsel appointed pursuant  to
section  two  hundred  sixty-two  of  this  act AND THE RIGHT TO PROVIDE
TESTIMONY AGAINST THE RESPONDENT AT ANY HEARING BY VIDEO-CONFERENCE.
  S 2. Subdivision (a) of section 823 of the family court act is amended
to read as follows:
  (a) Rules of court may authorize the probation service
  (i) to confer with any person seeking to file a petition,  the  poten-
tial petitioner and other interested persons concerning the advisability
of filing a petition under this article, [and]
  (ii)  to  attempt  through  conciliation  and  agreement informally to
adjust suitable cases before a petition is filed over  which  the  court
apparently would have jurisdiction, AND
  (III)  TO  ADVISE  THE  PETITIONER THAT THEY HAVE THE RIGHT TO PROVIDE
TESTIMONY AGAINST THE RESPONDENT AT ANY HEARING BY VIDEO-CONFERENCE.
  S 3. Section 832 of the family court act, as amended by chapter 529 of
the laws of 1963, is amended to read as follows:
  S 832. [Definition of "fact-finding  hearing"]  FACT-FINDING  HEARING.
When  used  in  this  article, "fact-finding hearing" means a hearing to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04441-01-5
              

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determine whether the allegations of  a  petition  under  section  eight
hundred twenty-one OF THIS ARTICLE are supported by a fair preponderance
of  the  evidence.  A  PETITIONER  PROVIDING  TESTIMONY PURSUANT TO THIS
SECTION MAY ELECT TO PROVIDE SUCH TESTIMONY BY VIDEO-CONFERENCE.
  S  4.  Section  833  of  the  family  court  act is amended to read as
follows:
  S 833. [Definition of "dispositional hearing"] DISPOSITIONAL  HEARING.
When  used in this article, "dispositional hearing" means in the case of
a petition under this article a  hearing  to  determine  what  order  of
disposition should be made. A PETITIONER PROVIDING TESTIMONY PURSUANT TO
THIS SECTION MAY ELECT TO PROVIDE SUCH TESTIMONY BY VIDEO-CONFERENCE.
  S 5. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 8-a to read as follows:
  8-A.  IN ANY PROCEEDING BROUGHT PURSUANT TO THIS SECTION THE COMPLAIN-
ANT SHALL HAVE THE RIGHT TO  PROVIDE  TESTIMONY  AGAINST  THE  DEFENDANT
THROUGH VIDEO-CONFERENCE.
  S  6. Paragraphs (h) and (i) of subdivision 2 of section 530.11 of the
criminal  procedure law are relettered (i) and (j) and a  new  paragraph
(h) is added to read as follows:
  (H)  THAT  THE  COMPLAINANT  SHALL HAVE THE RIGHT TO PROVIDE TESTIMONY
AGAINST THE DEFENDANT THROUGH VIDEO-CONFERENCE.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become a law and shall apply to all proceedings commenced or filed
after such date.