Allows people with orders of protection issued in their favor to refuse to provide certain personal information during the disclosure phase of a court proceeding.
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to providing personal information during disclosure by a person to whom an order of protection has been issued
PURPOSE: To allow victims who have orders of protection to be further protected by keeping personal information confidential in disclosure proceedings.
SUMMARY OF PROVISIONS: Section 1 amends the civil practice law and rules by adding a new section 3104-a, which protects a domestic violence victim's personal information at a disclosure proceeding.
JUSTIFICATION: New York State does not do enough to preserve the privacy of domestic violence victims during civil pretrial disclosure proceedings. Witnesses who are called to provide information under oath are often asked during these formal proceedings questions that unreasonably invade the privacy and jeopardize the safety and security of victims of domestic violence questions of residency, employment, and family relationships. Legal protections need to extend to these out-of-court civil proceedings to maximize the value of protective orders issued in the family and criminal courts, and to prevent abusers from taking advantage of legal proceedings to obtain otherwise sensitive information. This measure would prevent the government from unwitting facilitation of a domestic violence victims' continued harassment or intimidation.
LEGISLATIVE HISTORY: First introduced in 2004.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1605 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to provid- ing personal information during disclosure by a person to whom an order of protection has been issued THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 3104-a to read as follows: S 3104-A. PROTECTION OF DOMESTIC VIOLENCE VICTIMS AT DISCLOSURE PROCEEDINGS. (A) MOTION FOR PROTECTION SERVICES. UPON MOTION OF ANY PARTY OR WITNESS, WHO IS ALSO A CRIME VICTIM OR VICTIM OF DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, OR WHO HAS A VALID ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AGAINST A PARTY OR WITNESS IN THE PROCEEDING, AND ON NOTICE TO ALL PARTIES, OR ON ITS OWN INITIATIVE WITHOUT NOTICE, THE COURT IN WHICH AN ACTION IS PENDING SHALL ORDER THAT A DOMESTIC VIOLENCE VICTIM OR CRIME VICTIM BE FURTHER PROTECTED WITHIN THE ORDER OF PROTECTION AND THAT THE VICTIM WITH AN ORDER OF PROTECTION SHALL NOT BE ORDERED OR COMPELLED TO ANSWER QUESTIONS OF A PERSONAL NATURE, INCLUDING BUT NOT LIMITED TO RESIDENCY, EMPLOYMENT, FAMILY RELATIONSHIPS, WHICH MAY ALSO BE INCLUDED IN THE ORDER OF PROTECTION, OR ANY OTHER INFORMA- TION WITH REGARD TO THEIR SAFETY OR OTHER PERSONS WHO ARE ALSO MENTIONED IN THE ORDER OF PROTECTION. PERSONS WHO HAVE ORDERS OF PROTECTION SHALL NOT BE PENALIZED FOR NOT ANSWERING THESE QUESTIONS. THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO: (I) ANY VICTIM WHO IS IN THE PROCESS OF OBTAINING AN ORDER OF PROTECTION; OR (II) ANY VICTIM WHO HAS PREVI- OUSLY HAD AN ORDER OF PROTECTION AGAINST A PARTY OR WITNESS OF THE PROCEEDING. (B) SCOPE OF PROTECTION SERVICES. THE COURT SHALL ORDER THE NECESSARY PROTECTIONS NEEDED TO ENSURE THE SAFETY OF THE CRIME VICTIM OR VICTIM OF DOMESTIC VIOLENCE, UPON REASONABLE NOTICE TO THE PARTIES AND UPON OPPOR- TUNITY TO BE HEARD. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06136-01-1