Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.
TITLE OF BILL: An act to amend the executive law, in relation to victims of domestic violence
PURPOSE: Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property.
SUMMARY OF PROVISIONS:
Section 1. The executive law is amended by adding a new section 577 to read as follows:
§ 577. Violent felon removed from deed with victim. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) 'violent felony offense" shall have the same meaning set forth in subdivision one of section 70.2 of the penal law; (b) "victim of domestic violence" shall mean any person who is a victim of an act which would constitute a violent felony offense; and (i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and (ii) such act or acts axe or are alleged to have been committed by a family or household member.
2. Any victim of domestic violence who holds title to real property with the person who was convicted of the violent felony offense which constituted the domestic violence against such victim may apply to the county clerk in the county in which such real property is located to remove the name of such violent felony offender from the deed of such real property. Application shall be made in a manner and form to be determined by such county clerk.
S.7639 2010 Codes A.11047 2010 Governmental Operations
S.3970 (2011) Referred to Social Services S.3970 (2012) Referred to Social Services
JUSTIFICATION: As the law now sits If your offender is found guilty of and convicted of a felony crime against you or another family member who resides with you but co-owns property with the victim, they(the Offender) still have the ability to disallow the victim the ability to sell, refinance, or lease without their permission and can withhold that permission keeping their victim hostage mentally and sometimes financially.
We must make every effort to assist survivors of these violent crimes from continuing to be victimized even after their offenders have been tried, and convicted.
FISCAL IMPLICATIONS: None to State.
LOCAL FISCAL IMPLICATIONS: Nominal administrative fees for change.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2718 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the executive law, in relation to victims of domestic violence 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 577 to read as follows: S 577. VIOLENT FELON REMOVED FROM DEED WITH VICTIM. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; (B) "VICTIM OF DOMESTIC VIOLENCE" SHALL MEAN ANY PERSON WHO IS A VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND (I) SUCH ACT OR ACTS HAVE RESULTED IN ACTUAL PHYSICAL OR EMOTIONAL INJURY OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM TO SUCH PERSON OR SUCH PERSON'S CHILD; AND (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER. 2. ANY VICTIM OF DOMESTIC VIOLENCE WHO HOLDS TITLE TO REAL PROPERTY WITH THE PERSON WHO WAS CONVICTED OF THE VIOLENT FELONY OFFENSE WHICH CONSTITUTED THE DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY TO THE COUNTY CLERK IN THE COUNTY IN WHICH SUCH REAL PROPERTY IS LOCATED TO REMOVE THE NAME OF SUCH VIOLENT FELONY OFFENDER FROM THE DEED OF SUCH REAL PROPERTY. APPLICATION SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY SUCH COUNTY CLERK. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06053-01-3