Assembly Bill A579

2013-2014 Legislative Session

Sets forth additional conditions which may be available in an order of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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2013-A579 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.12, CP L; amd §§446, 656, 842 & 1056, add §842-b, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A5842
2011-2012: A2840
2015-2016: A1363
2017-2018: A760
2019-2020: A2082
2021-2022: A1882
2023-2024: A3617

2013-A579 (ACTIVE) - Summary

Greatly expands upon conditions which may be included in an order of protection issued for victims of domestic violence and makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.

2013-A579 (ACTIVE) - Bill Text download pdf

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

                                   579

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. SWEENEY
  -- read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law and the family court act, in
  relation to orders of protection

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

  Section  1.  Subdivision 1 of section 530.12 of the criminal procedure
law is amended by adding five new paragraphs (c-1), (c-2), (c-3),  (c-4)
and (c-5) to read as follows:
  (C-1)  TO  MAKE  OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER  IF  THE
RESPONDENT  IS  FOUND  TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS  NOT  BEEN
RESOLVED  OR  IS  NOT  BEING  LITIGATED  BETWEEN  THE PARTIES IN ANOTHER
ACTION;
  (C-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES  AT  A
RESIDENCE  OTHER  THAN  THE  ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT  THE  PETITIONER  AND  THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
  (C-3)  TO  PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;  SUCH
ORDER  MAY  REQUIRE  THE  RESPONDENT  TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR  ANY  AND  ALL  COMPENSATION  PAID
DIRECTLY  TO  OR  ON  BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL  INCLUDE,  BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET  LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR

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

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