Bill S3622-2013

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 13, 2013: referred to codes
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1327
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 5, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 7, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (13): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Espaillat, Hoylman, O'Brien
Nays (2): Perkins, Krueger

Memo

BILL NUMBER:S3622

TITLE OF BILL: An act to amend the criminal procedure law and the family court act, in relation to notification of service of ex parte orders of protection

PURPOSE: Provides for the immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

SUMMARY OF PROVISIONS:

Section 1 The criminal procedure law is amended by adding a new section 530.13-A to include notification of service of ex parte order of protection.

Section 2. The family court act is amended by adding a new section 153-d.

Section 3. This act shall take effect on the sixtieth day after it shall have become a law.

JUSTIFICATION: Access to information is a vital and important concern for crime victims. in 1993, a young woman was murdered by her former boyfriend because she did not know that he had been released from jail. Her murder led to the creation of the automated victim notification system which over thirty states have adopted, including New York. New York however, has not taken the next step and extended these automated notifications to include protective orders. Thousands of victims are killed or revictimized each year immediately after an order of protection is served on their abuser. 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. Notification can be by mail, telephone, E-mail, or other means of electronic communication, which will provide security and emotional peace of mind by allowing victims to be notified in real time when their protection order request has been served. Congress has already approved millions of dollars to help states expand their victim notification systems, and the Bureau of Justice Assistance within the U S. Department of Justice has made these grants available to states, Bypassing this legislation, New York would become eligible for this funding.

LEGISLATIVE HISTORY: 2012: S.2942 - Passed Senate/A.3677 - Referred to Codes 2011; S.2942 -- Passed Senate/A.3677 - Referred to Codes 2010: S.733 - Referred to Codes/A.10663 - Referred to Codes 2009: A.733 Referred to Codes/A.10663 2008: S.7052 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3622 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to notification of service of ex parte orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 530.13-a to read as follows: S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION. 1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE COURT AND A COMPLAINANT WHO REQUESTS THAT AN EX PARTE ORDER OF PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX PARTE ORDER OF PROTECTION IS SERVED ON THE PERSON AGAINST WHOM THE COMPLAINT IS MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY THE COURT, IF REQUESTED, AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI- CATION. THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED AN EX PARTE ORDER OF PROTECTION AND WHO REQUEST AN EX PARTE ORDER OF PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS SERVED. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY POLICE OFFICER, PEACE OFFICER OR OTHER PERSON WHO SERVES AN EX PARTE ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS BEEN MADE SHALL IMMEDIATELY NOTIFY THE CLERK OF THE COURT WHICH MADE SAID ORDER THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK OF THE COURT THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE UPON A PERSON AGAINST WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH ORDER SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
S 2. The family court act is amended by adding a new section 153-d to read as follows: S 153-D. NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION. 1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE COURT AND A COMPLAINANT WHO REQUESTS THAT AN EX PARTE ORDER OF PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX PARTE ORDER OF PROTECTION IS SERVED ON THE PERSON AGAINST WHOM THE COMPLAINT IS MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY THE COURT, IF REQUESTED, AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI- CATION. THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED AN EX PARTE ORDER OF PROTECTION AND WHO REQUEST AN EX PARTE ORDER OF PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS SERVED. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY POLICE OFFICER, PEACE OFFICER OR OTHER PERSON WHO SERVES AN EX PARTE ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS BEEN MADE SHALL IMMEDIATELY NOTIFY THE CLERK OF THE COURT WHICH MADE SAID ORDER THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK OF THE COURT THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE UPON A PERSON AGAINST WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH ORDER SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus