Relates to court clerks providing information to victims regarding orders of protection against the individual who committed the crime once they are released.
Ayes (11): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera
Ayes W/R (2): Maziarz, Nozzolio
TITLE OF BILL: An act to amend the executive law, in relation to the fair treatment standards for crime victims
SUMMARY OF SPECIFIC PROVISIONS: The executive law is amended by adding a new section 645-a; subdivision 2 of section 646-a of the executive law is amended by adding a new paragraph (h).
JUSTIFICATION: Access to information is a vital concern fox crime victims. After having been the victims of domestic violence, many women are further victimized by their abusers because they are unaware that their abuser has been released from prison. This sometimes even leads to murder. Pat Byron of Louisville Kentucky started the Mary Byron Foundation after her daughter was murdered in 1993 because Mary didn't know that her former boyfriend was released from jail. The foundation is now dedicated to promoting local innovations that demonstrate promise in breaking the cycle of violence.
Thirty states have now adopted automated victim notification systems, including New York. However, unlike Kentucky, Missouri, Washington, Oklahoma and Delaware, New York has not yet taken the next step and extended these automated notifications to include protective orders. Thousands of victims are killed or re-victimized each year immediately after an order of protection is served. By including protective orders, victims are notified when they are in the greatest danger and criminal justice agencies are given new tools to assist them during this vulnerable time.
In this system, petitioners would have the option of registering for automatic updates using a confidential PIN and their own phone numbers. By simply calling a toll-free number, victims could get confirmation that a protection order has been served and receive information regarding upcoming court hearings.
Congress has approved millions of dollars to help states expand their victim notification systems, and the Bureau of Justice Assistance within the US Department of Justice has made these grants available to states. By passing this legislation, NY would become eligible for this funding.
PRIOR LEGISLATIVE HISTORY:; 2009/10: S.4049 Advanced to Third Reading. 2011/12: S,3364 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE; The ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2267 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to the fair treatment standards for crime victims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 645-a to read as follows: S 645-A. INFORMATION RELATIVE TO ORDERS OF PROTECTION. EVERY COURT CLERK SHALL BE RESPONSIBLE FOR PROVIDING INFORMATION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION REGARDING NOTIFICATION OF SERVICE OF THESE ORDERS OF PROTECTION. SUCH NOTIFICATION TO THE PETI- TIONER IS REQUIRED IF THE PETITIONER HAS REGISTERED A TELEPHONE NUMBER WITH THE STATE'S VICTIM NOTIFICATION SYSTEM, ESTABLISHED UNDER SUBDIVI- SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAPTER. THE PETI- TIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICATION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERNMENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR SUMMONS TO COURT SHALL RECORD THE SERVICE OF THESE ORDERS OF PROTECTION INTO A LAW ENFORCEMENT DATABASE, OR SIMILAR ELECTRONIC RECORD KEEPING SYSTEM, AT THE TIME WHEN SERVICE OCCURS. THE PROVISION OF THIS SECTION SHALL ONLY APPLY TO THOSE COURT CLERKS ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICA- TION SYSTEM DESIGNED TO PROVIDE NOTIFICATION OF SERVICE OF ORDERS OF PROTECTION. S 2. Subdivision 2 of section 646-a of the executive law is amended by adding a new paragraph (h) to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06709-01-3 S. 2267 2
(H) THE RIGHTS OF CRIME VICTIMS TO BE PROVIDED WITH INFORMATION REGARDING SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO COURT AS PROVIDED BY SECTION SIX HUNDRED FORTY-FIVE-A OF THIS ARTICLE. S 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.