NY State Assembly Bill 2013-A6547B

Assembly Bill A6547B

Signed By Governor

2013-2014 Legislative Session

Provides that communications or contact between protected parties with a party against whom an order of protection is issued shall not affect the validity of such order

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Archive: Last Bill Status - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 13, 2013	signed chap.480
Nov 01, 2013	delivered to governor
Jun 21, 2013	returned to assembly passed senate 3rd reading cal.957 substituted for s5605
Jun 11, 2013	recommitted to children and families returned to senate repassed assembly
May 22, 2013	amended on third reading 6547b
May 22, 2013	vote reconsidered - restored to third reading returned to assembly recalled from senate
Apr 22, 2013	referred to children and families delivered to senate passed assembly
Apr 18, 2013	advanced to third reading cal.167
Apr 16, 2013	reported reported referred to codes
Apr 09, 2013	print number 6547a
Apr 09, 2013	amend and recommit to judiciary
Apr 08, 2013	referred to judiciary

Votes

- Jun 21, 2013 - Floor Vote
  A6547B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin

Bill Amendments

Original

B (Active)

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2013-A6547 - Details

See Senate Version of this Bill:: S5605
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L

2013-A6547 - Summary

Provides that communications or contact between protected parties with a party against whom an order of protection or temporary order of protection is issued shall not affect the validity of such order; requires notice thereof to be included in such orders; prohibits protected parties from being held to have violated an order of protection or a temporary order of protection.

2013-A6547 - Bill Text download pdf

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

                                  6547

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2013
                               ___________

Introduced  by M. of A. WEINSTEIN, PAULIN, SCARBOROUGH, WEPRIN -- Multi-
  Sponsored by -- M. of A. ABBATE, BARRETT,  BRENNAN,  COOK,  GABRYSZAK,
  GALEF,  GLICK,  HIKIND, JAFFEE, V. LOPEZ, MAGNARELLI, MAISEL, MILLMAN,
  OTIS, PERRY, RIVERA, ROSA, ROSENTHAL, STECK, TITONE -- read  once  and
  referred to the Committee on Judiciary

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

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

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
forty of the domestic relations law". The absence of such language shall
not affect the validity of such order. THE  ORDER  OF  PROTECTION  SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN  EFFECT  AND MUST BE ENFORCED EVEN WHERE THE PROTECTED PARTY IN WHOSE
FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED
HAS, OR CONSENTS TO  HAVE,  CONTACT  OR  COMMUNICATION  WITH  THE  PARTY
AGAINST  WHOM  THE  ORDER  IS ISSUED. AN ORDER OF PROTECTION CAN ONLY BE
MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE  HELD
TO  VIOLATE THIS ORDER.". The presentation of a copy of such an order to
any peace officer acting pursuant to  his  or  her  special  duties,  or
police officer, shall constitute authority, for that officer to arrest a
person  when  that  person  has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the officer's power, to aid in securing the protection  such  order  was
intended to afford.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10169-01-3

A. 6547                             2

  I.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  SUCH
AN  ORDER  NOR  MANY SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH
ORDER.
  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law". The absence of  such  language
shall  not  affect  the validity of such order.  THE ORDER OF PROTECTION
SHALL ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION  WILL
REMAIN  IN EFFECT AND MUST BE ENFORCED EVEN WHERE THE PROTECTED PARTY IN
WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION  IS
ISSUED HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY
AGAINST  WHOM  THE  ORDER  IS ISSUED. AN ORDER OF PROTECTION CAN ONLY BE
MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE  HELD
TO  VIOLATE THIS ORDER.". The presentation of a copy of such an order to
any peace officer acting pursuant to  his  or  her  special  duties,  or
police officer, shall constitute authority, for that officer to arrest a
person  when  that  person  has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the officer's power, to aid in securing the protection  such  order  was
intended to afford.
  9-A.    THE  PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 3. Section 155 of the family court act is amended by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3. Any order of protection or temporary order of protection issued  by
the  family  court shall bear, in a conspicuous manner, the language, as
the case may be, "this order constitutes  an  order  of  protection"  or
"this  order  constitutes a temporary order of protection", on the front
page of said order.  The absence of such language shall not  affect  the
validity  of  such  order. THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION SHALL ALSO CONTAIN  THE  FOLLOWING  NOTICE:  "THIS  ORDER  OF
PROTECTION  WILL  REMAIN  IN  EFFECT AND MUST BE ENFORCED EVEN WHERE THE
PROTECTED PARTY IN WHOSE FAVOR THE  ORDER  OF  PROTECTION  OR  TEMPORARY
ORDER  OF  PROTECTION  IS  ISSUED  HAS,  OR CONSENTS TO HAVE, CONTACT OR
COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. AN  ORDER
OF  PROTECTION  CAN  ONLY  BE  MODIFIED  OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER.".
  S 5. Section 446 of the family court act is amended by  adding  a  new
closing paragraph to read as follows;
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.

A. 6547                             3

  S 6. Section 551 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 7. Section 656 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 8. Section 759 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 9. Section 842 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 10. Section 846 of the family court act is amended by adding  a  new
subdivision (a-1) to read as follows:
  (A-1)  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 11. Section 1056 of the family court act is amended by adding a  new
subdivision 7 to read as follows:
  7.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Paragraphs (b) and (c) of subdivision 4 of section 140.10 of the
criminal procedure law, paragraph (b) as amended by chapter 107  of  the
laws  of  2004  and paragraph (c) as amended by chapter 4 of the laws of
1997, are amended to read as follows:
  (b) a duly served order of protection or special order  of  conditions
issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivi-
sion  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
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.

A. 6547                             4

  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]
,  SEVEN,  eight  AND  TEN of the family court act and section 530.12 of
this  chapter,  special orders of conditions issued pursuant to subpara-
graph (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 domestic violence, and to orders of protection issued by  courts
of competent jurisdiction in another state, territorial or tribal juris-
diction.  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 regis-
try 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
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 from injury. The officer shall
evaluate each complaint separately to determine who is the primary phys-
ical 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  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
closing paragraph of subdivision 6 as added by chapter 222 of  the  laws

A. 6547                             5

of  1994 and subdivision 8 as amended by section 81 of subpart B of part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6.  An  order  of protection or a temporary order of protection issued
pursuant to subdivision one, two, three, four or five  of  this  section
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 complainant resides, or, if the complainant resides  within
a  city,  with  the  police department of such city. The absence of such
language shall not affect the validity of such  order.    THE  ORDER  OF
PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  SHALL ALSO CONTAIN THE
FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN  IN  EFFECT  AND
MUST BE ENFORCED EVEN WHERE THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER
OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  IS  ISSUED HAS, OR
CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY  AGAINST  WHOM
THE  ORDER  IS  ISSUED.  AN  ORDER OF PROTECTION CAN ONLY BE MODIFIED OR
TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD  TO  VIOLATE
THIS  ORDER.".  A copy of such order of protection or temporary order of
protection may from time to time be filed by the clerk of the court with
any other police department or sheriff's office having  jurisdiction  of
the residence, work place, and school of anyone intended to be protected
by  such order. A copy of the order may also be filed by the complainant
at the appropriate police department or sheriff's office  having  juris-
diction.  Any  subsequent amendment or revocation of such order shall be
filed in the same manner as herein provided.
  Such order of protection shall plainly state the date that such  order
expires.
  8.  In  any  proceeding  in  which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to  the  complainant  and  defendant  and
defense  counsel and to any other person affected by the order a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  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 presenta-
tion of a copy of such order or a warrant to any  peace  officer  acting
pursuant to his or her special duties or police officer shall constitute
authority  for  him or her 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 his or her power, to aid in securing the protection
such order was intended to afford.  THE PROTECTED PARTY IN  WHOSE  FAVOR
THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED MAY
NOT BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY  SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S  14.  This  act shall take effect immediately and shall apply to all
orders of protection, except that:
  (a) the amendments to paragraph b of subdivision 3 of section  240  of
the  domestic  relations law made by section one of this act, the amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by section two of this act, the amendments to subdivision 3  of  section
168  of  the  family court act made by section four of this act, and the
amendments to subdivision 6 of section 530.12 of the criminal  procedure

A. 6547                             6

law made by section thirteen of this act shall take effect on the sixti-
eth day after this act shall have become a law; and
  (b)  the amendments to subdivision 4 of section 140.10 of the criminal
procedure law, made by section twelve of this act, shall not affect  the
repeal of such subdivision, and shall be deemed repealed therewith.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2013-A6547A - Details

See Senate Version of this Bill:: S5605
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L

2013-A6547A - Summary

2013-A6547A - Bill Text download pdf

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

                                 6547--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2013
                               ___________

Introduced  by M. of A. WEINSTEIN, PAULIN, SCARBOROUGH, WEPRIN -- Multi-
  Sponsored by -- M. of A. ABBATE, BARRETT,  BRENNAN,  COOK,  GABRYSZAK,
  GALEF,  GLICK,  HIKIND, JAFFEE, V. LOPEZ, MAGNARELLI, MAISEL, MILLMAN,
  OTIS, PERRY, RIVERA, ROSA, ROSENTHAL, STECK, TITONE -- read  once  and
  referred  to  the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
forty of the domestic relations law". The absence of such language shall
not affect the validity of such order. THE  ORDER  OF  PROTECTION  SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN  EFFECT  EVEN  IF  THE  PROTECTED  PARTY  IN WHOSE FAVOR THE ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED HAS,  OR  CONSENTS
TO  HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER
IS ISSUED. AN ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED  BY
THE  COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR
SHALL SUCH PARTY BE ARRESTED FOR VIOLATING THIS ORDER.".  The  presenta-
tion  of a copy of such an order to any peace officer acting pursuant to
his or her special duties, or police officer, shall constitute  authori-
ty,  for  that  officer to arrest a person when that person has violated
the terms of such an order, and bring such person before the court  and,
otherwise, so far as lies within the officer's power, to aid in securing
the protection such order was intended to afford.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD10169-03-3

A. 6547--A                          2

  I.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  SUCH
AN  ORDER  NOR  MAY  SUCH PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH
ORDER.
  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law". The absence of  such  language
shall  not  affect  the validity of such order.  THE ORDER OF PROTECTION
SHALL ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION  WILL
REMAIN IN EFFECT EVEN IF THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF
PROTECTION  OR  TEMPORARY ORDER OF PROTECTION IS ISSUED HAS, OR CONSENTS
TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE  ORDER
IS  ISSUED. AN ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY
THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER  NOR
SHALL  SUCH  PARTY BE ARRESTED FOR VIOLATING THIS ORDER.". The presenta-
tion of a copy of such an order to any peace officer acting pursuant  to
his  or her special duties, or police officer, shall constitute authori-
ty, for that officer to arrest a person when that  person  has  violated
the  terms of such an order, and bring such person before the court and,
otherwise, so far as lies within the officer's power, to aid in securing
the protection such order was intended to afford.
  9-A.  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  3.  Section  155 of the family court act is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3.  Any order of protection or temporary order of protection issued by
the family court shall bear, in a conspicuous manner, the  language,  as
the  case  may  be,  "this  order constitutes an order of protection" or
"this order constitutes a temporary order of protection", on  the  front
page  of  said order.  The absence of such language shall not affect the
validity of such order. THE ORDER OF PROTECTION OR  TEMPORARY  ORDER  OF
PROTECTION  SHALL  ALSO  CONTAIN  THE  FOLLOWING  NOTICE: "THIS ORDER OF
PROTECTION WILL REMAIN IN EFFECT EVEN IF THE PROTECTED  PARTY  IN  WHOSE
FAVOR THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED
HAS,  OR  CONSENTS  TO  HAVE,  CONTACT  OR  COMMUNICATION WITH THE PARTY
AGAINST WHOM THE ORDER IS ISSUED. AN ORDER OF  PROTECTION  CAN  ONLY  BE
MODIFIED  OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD
TO VIOLATE THIS ORDER NOR SHALL SUCH PARTY  BE  ARRESTED  FOR  VIOLATING
THIS ORDER.".
  S  5.  Section  446 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER

A. 6547--A                          3

ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  6.  Section  551 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  7.  Section  656 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  8.  Section  759 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  9.  Section  842 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  10.  Section 846 of the family court act is amended by adding a new
subdivision (a-1) to read as follows:
  (A-1) THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  11. Section 1056 of the family court act is amended by adding a new
subdivision 7 to read as follows:
  7. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
amended  by  adding  a  new  second  undesignated  paragraph  to read as
follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
closing paragraph of subdivision 6 as added by chapter 222 of  the  laws
of  1994 and subdivision 8 as amended by section 81 of subpart B of part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6. An order of protection or a temporary order  of  protection  issued
pursuant  to  subdivision  one, two, three, four or five of this section
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 complainant resides, or, if the complainant resides within

A. 6547--A                          4

a city, with the police department of such city.  The  absence  of  such
language  shall  not  affect  the validity of such order.   THE ORDER OF
PROTECTION OR TEMPORARY ORDER  OF  PROTECTION  SHALL  ALSO  CONTAIN  THE
FOLLOWING  NOTICE:  "THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN
IF THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR  TEMPO-
RARY  ORDER OF PROTECTION IS ISSUED HAS, OR CONSENTS TO HAVE, CONTACT OR
COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. AN  ORDER
OF  PROTECTION  CAN  ONLY  BE  MODIFIED  OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE  THIS  ORDER  NOR  SHALL  SUCH
PARTY  BE  ARRESTED  FOR VIOLATING THIS ORDER.". A copy of such order of
protection or temporary order of protection may from  time  to  time  be
filed  by  the  clerk  of  the court with any other police department or
sheriff's office having jurisdiction of the residence, work  place,  and
school  of  anyone intended to be protected by such order. A copy of the
order may also be filed by the complainant  at  the  appropriate  police
department  or  sheriff's  office  having  jurisdiction.  Any subsequent
amendment or revocation of such order shall be filed in the same  manner
as herein provided.
  Such  order of protection shall plainly state the date that such order
expires.
  8. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue to the complainant and defendant and
defense counsel and to any other person affected by the order a copy  of
the order of protection or temporary order of protection and ensure that
a  copy  of  the order of protection or temporary order of protection be
transmitted 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  presenta-
tion  of  a  copy of such order or a warrant to any peace officer acting
pursuant to his or her special duties or police officer shall constitute
authority for him or her 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 his or her power, to aid in securing  the  protection
such  order  was intended to afford.  THE PROTECTED PARTY IN WHOSE FAVOR
THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS  ISSUED  MAY
NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S 14. This act shall take effect immediately and shall  apply  to  all
orders  of protection regardless of when such orders were issued, except
that:
  (a) the amendments to paragraph b of subdivision 3 of section  240  of
the  domestic  relations law made by section one of this act, the amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by section two of this act, the amendments to subdivision 3  of  section
168  of  the  family court act made by section four of this act, and the
amendments to subdivision 6 of section 530.12 of the criminal  procedure
law made by section thirteen of this act shall take effect on the sixti-
eth  day  after  this  act  shall  have become a law, and shall apply to
orders of protection issued on or after such effective date; and
  (b) the amendments to subdivision 4 of section 140.10 of the  criminal
procedure  law, made by section twelve of this act, shall not affect the
repeal of such subdivision, and shall be deemed repealed therewith.

co-Sponsors

multi-Sponsors

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2013-A6547B (ACTIVE) - Details

See Senate Version of this Bill:: S5605
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L

2013-A6547B (ACTIVE) - Summary

2013-A6547B (ACTIVE) - Bill Text download pdf

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

                                 6547--B
                                                        Cal. No. 167

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, PAULIN, SCARBOROUGH, WEPRIN, GIBSON --
  Multi-Sponsored  by  --  M.  of A. ABBATE, BARRETT, BRENNAN, BUCHWALD,
  COOK, FAHY, GABRYSZAK, GALEF, GLICK, HIKIND, JACOBS, JAFFEE, MAGNAREL-
  LI, MAISEL, MILLMAN, NOLAN,  OTIS,  PERRY,  RIVERA,  ROSA,  ROSENTHAL,
  STECK,  TITONE,  TITUS  --  read once and referred to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- reported and referred to
  the Committee on Codes -- passed by  Assembly  and  delivered  to  the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on the special order  of  third
  reading

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

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

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
forty of the domestic relations law".   THE ORDER  OF  PROTECTION  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.  The presentation of a copy of such an order
to any peace officer acting pursuant to his or her  special  duties,  or

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

                                                           LBD10169-08-3

A. 6547--B                          2

police officer, shall constitute authority, for that officer to arrest a
person  when  that  person  has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  I. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE SUCH
AN ORDER NOR MAY SUCH PROTECTED PARTY BE  ARRESTED  FOR  VIOLATING  SUCH
ORDER.
  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law".  THE ORDER OF PROTECTION 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.  The presentation of a copy of such an order
to  any  peace  officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of  such  an  order,  and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  9-A.  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  3.  Section  155 of the family court act is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3.  Any order of protection or temporary order of protection issued by
the family court shall bear, in a conspicuous manner, the  language,  as
the  case  may  be,  "this  order constitutes an order of protection" or
"this order constitutes a temporary order of protection", on  the  front
page  of  said  order.    THE  ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION 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.
  S 5. Section 446 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:

A. 6547--B                          3

  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S  6.  Section  551 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  7.  Section  656 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  8.  Section  759 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  9.  Section  842 of the family court act is amended by adding a new
closing paragraph to read as follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S  10.  Section 846 of the family court act is amended by adding a new
subdivision (a-1) to read as follows:
  (A-1) THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  11. Section 1056 of the family court act is amended by adding a new
subdivision 7 to read as follows:
  7. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
amended  by  adding  a  new  second  undesignated  paragraph  to read as
follows:
  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN ORDER
ISSUED IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED  FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
closing paragraph of subdivision 6 as added by chapter 222 of  the  laws
of  1994 and subdivision 8 as amended by section 81 of subpart B of part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6. An order of protection or a temporary order  of  protection  issued
pursuant  to  subdivision  one, two, three, four or five of this section
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

A. 6547--B                          4

filed by the clerk of the court with the sheriff's office in the  county
in  which the complainant resides, or, if the complainant resides within
a city, with  the  police  department  of  such  city.    THE  ORDER  OF
PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  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 COMMUNI-
CATION 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.    A copy of such order of protection or
temporary order of protection may from time to  time  be  filed  by  the
clerk  of the court with any other police department or sheriff's office
having jurisdiction of the residence, work place, and school  of  anyone
intended  to be protected by such order. A copy of the order may also be
filed by the complainant at the appropriate police department  or  sher-
iff's office having jurisdiction. Any subsequent amendment or revocation
of such order shall be filed in the same manner as herein provided.
  Such  order of protection shall plainly state the date that such order
expires.
  8. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue to the complainant and defendant and
defense counsel and to any other person affected by the order a copy  of
the order of protection or temporary order of protection and ensure that
a  copy  of  the order of protection or temporary order of protection be
transmitted 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  presenta-
tion  of  a  copy of such order or a warrant to any peace officer acting
pursuant to his or her special duties or police officer shall constitute
authority for him or her 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 his or her power, to aid in securing  the  protection
such  order  was intended to afford.  THE PROTECTED PARTY IN WHOSE FAVOR
THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS  ISSUED  MAY
NOT  BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S 14. This act shall take effect immediately and shall  apply  to  all
orders  of protection regardless of when such orders were issued, except
that:
  (a) the amendments to paragraph b of subdivision 3 of section  240  of
the  domestic  relations law made by section one of this act, the amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by section two of this act, the amendments to subdivision 3  of  section
168  of  the  family court act made by section four of this act, and the
amendments to subdivision 6 of section 530.12 of the criminal  procedure
law made by section thirteen of this act shall take effect on the sixti-
eth  day  after  this  act  shall  have become a law, and shall apply to
orders of protection issued on or after such effective date; and
  (b) the amendments to subdivision 4 of section 140.10 of the  criminal
procedure  law, made by section twelve of this act, shall not affect the
repeal of such subdivision, and shall be deemed repealed therewith.

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Assembly Bill A6547B

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Sponsored By

WEINSTEIN

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Amy Paulin

William Scarborough

David Weprin

multi-Sponsors

Peter Abbate

Didi Barrett

James F. Brennan

Vivian Cook

2013-A6547 - Details

2013-A6547 - Summary

2013-A6547 - Bill Text download pdf

co-Sponsors

Amy Paulin

William Scarborough

David Weprin

Vanessa Gibson

multi-Sponsors

Peter Abbate

Didi Barrett

James F. Brennan

David Buchwald

2013-A6547A - Details

2013-A6547A - Summary

2013-A6547A - Bill Text download pdf

co-Sponsors

Amy Paulin

William Scarborough

David Weprin

multi-Sponsors

Peter Abbate

Didi Barrett

James F. Brennan

David Buchwald

2013-A6547B (ACTIVE) - Details

2013-A6547B (ACTIVE) - Summary

2013-A6547B (ACTIVE) - Bill Text download pdf

Comments