Bill S7289-2009

Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection

Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection for the purpose of the service thereof.

Details

Actions

  • May 26, 2010: SUBSTITUTED BY A10410
  • May 25, 2010: ADVANCED TO THIRD READING
  • May 24, 2010: 2ND REPORT CAL.
  • May 18, 2010: 1ST REPORT CAL.573
  • Mar 29, 2010: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - May 18, 2010
Ayes (18): Sampson, Onorato, Schneiderman, Hassell-Thompson, Klein, Adams, Espada, Breslin, Dilan, Savino, Perkins, DeFrancisco, Saland, LaValle, Bonacic, Winner, Ranzenhofer, Leibell
Ayes W/R (2): Diaz, Lanza
Nays (3): Nozzolio, Maziarz, Volker

Memo

 BILL NUMBER:  S7289

TITLE OF BILL : An act to amend the family court act and the domestic relations law, in relation to the facsimile and electronic transmission of orders of protection

PURPOSE OF BILL : This bill would expand to the rest of the state and make permanent a current pilot project limited to certain counties that was established via chapter 330 of the laws of 2007. This bill would facilitate expeditious service of process of orders of protection via electronic means, thereby enhancing victim safety.

SUMMARY OF PROVISIONS : Section 1 of this bill would amend section 153-b of the family court act by adding a new paragraph (e) permitting facsimile or electronic transmittal of orders of protection issued by family court for purposes of service of process by law enforcement and for purposes of notice and filing of the order with the sheriff or police department having jurisdiction of the residence, work place, and school of the person intended to be protected by the order.

Section 2 of this bill would amend subdivision 3-a of section 240 of the domestic relations law by adding a new paragraph (b) permitting facsimile or electronic transmittal of orders of protection issued by supreme court in a matrimonial action involving children for the purpose of service of process by peace or police officers.

Section 3 of this bill would amend subdivision 3 of section 252 of the domestic relations law by adding a new subdivision ten permitting transmittal of orders of protection issued in a matrimonial action pursuant to the terms of subdivision 3-a of section 240 of the domestic relations law.

EXISTING LAW : Under the Family Court Act (FCA) and the Domestic Relations Law (DRL) each court that issues a temporary order of protection or an order of protection on default is required to deliver a copy of the same along with accompanying papers to a police or peace officer or designated police representative in New York City, for service of process, unless the beneficiary of the order indicates that he or she will arrange for some other means of service. Alternatively, a petitioner/plaintiff may bring the order and accompanying papers to the peace or police officer directly for service of process. The law requires that a police or peace officer, or designated police representative in New York City, in receipt of such an order must serve it along with any associated papers upon the respondent/defendant.

JUSTIFICATION : Chapter 330 of the Laws of 2007, that expires on July 1, 2010, authorized the Chief Administrator of the Courts, to promulgate court rules authorizing pilot projects in Albany, Erie, Monroe, Nassau, Onondaga, Westchester, Kings, New York and Richmond Counties for the transmittal of orders of protection by facsimile or other electronic means to local police agencies for service. This law was intended to enhance the effectiveness of procedures regulating service of orders of protection by providing courts with additional options to deliver orders to law enforcement for expeditious service of protective orders. This measure expands the program Statewide and makes it permanent. The Office of Court Administration supports this measure.

Since orders of protection are not enforceable until served, prompt service and notice of such orders to the respondent is critical to victim safety. Section 153-b of the Family Court Act and subdivision 3-a of section 240 of the Domestic Relations Law provide crucial assistance to litigants seeking temporary and final orders of protection by providing them the option of having peace and police officers serve the orders and accompanying papers upon receipt of such papers either by the court or by the victim. These provisions of the law have been amended in 1994 and 1995 to provide greater assurance that respondents or defendants in cases involving orders of protection are promptly notified of orders directed at their conduct. (see L. 1994 c. 46 and L. 1995 c. 429).

Service of an order of protection can be extremely challenging to accomplish for a victim of domestic violence. These litigants are often in the midst of serious emergencies, facing dangerous situations and lack the resources or wherewithal to accomplish the task without further endangering their safety. Respondents/Defendants often avoid service. Since effectuating service is a common challenge for victims, they are frequently forced to ask for multiple court adjournments in order to accomplish service of process. This can be demoralizing and can discourage them from pursuing protections because of failure to serve. Furthermore, prompt and reliable service of these orders is crucial to victim safety as the order must be served in order for it to be in effect and enforceable. The interests of domestic violence victims who rely on enforcement of orders of protection fur their safety are best served when courts are not limited in the means by which their orders can be delivered to law enforcement authorities responsible for service. This measure provides a fast and reliable way of delivering orders to law enforcement enabling them to discharge their duties expeditiously to enhance victim safety.

LEGISLATIVE HISTORY : New bill, 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7289 IN SENATE March 29, 2010 ___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act and the domestic relations law, in relation to the facsimile and electronic transmission of orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 153-b of the family court act is amended by adding a new subdivision (e) to read as follows: (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION ISSUED PURSUANT TO THIS ACT ALONG WITH ANY ASSOCIATED PAPERS THAT MAY BE SERVED SIMULTANEOUSLY MAY, FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTI- CLE, BE TRANSMITTED BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS AND MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS FOR EXPEDITED SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. FOR PURPOSES OF THIS SECTION, "FACSIMILE TRANSMISSION" AND "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. S 2. Subdivision 3-a of section 240 of the domestic relations law, as added by chapter 429 of the laws of 1995, is amended to read as follows: 3-a. Service of order of protection. A. If a temporary order of protection has been issued OR AN ORDER OF PROTECTION HAS BEEN ISSUED upon a default, unless the party requesting the order states on the record that she or he will arrange for other means for service or deliv- er the order to a peace or police officer directly for service, the court shall immediately deliver a copy of the temporary order of protection or order of protection to a peace officer, acting pursuant to his or her special duties and designated by the court, or to a police officer as defined in paragraph (b) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, or, in the city of New York, to a designated representative of the police department of the city of New York. Any peace or police officer or designated person receiving a temporary order of protection or an order of protection as provided
hereunder shall serve or provide for the service thereof together with any associated papers that may be served simultaneously, at any address designated therewith, including the summons and petition or complaint if not previously served. Service of such temporary order of protection or order of protection and associated papers shall, insofar as practicable, be achieved promptly. An officer or designated person obliged to perform service pursuant to this subdivision, and his or her employer, shall not be liable for damages resulting from failure to achieve service where, having made a reasonable effort, such officer or designated person is unable to locate and serve the temporary order of protection or order of protection at any address provided by the party requesting the order. A statement subscribed by the officer or designated person, and affirmed by him or her to be true under the penalties of perjury, stating the papers served, the date, time, address or in the event there is no address, place, and manner of service, the name and a brief physical description of the party served, shall be proof of service of the summons, petition and temporary order of protection or order of protection. When the temporary order of protection or order of protection and other papers, if any, have been served, such officer or designated person shall provide the court with an affirmation, certif- icate or affidavit of service and shall provide notification of the date and time of such service to the statewide computer registry established pursuant to section two hundred twenty-one-a of the executive law. B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION FILED AND ENTERED ALONG WITH ANY ASSOCIATED PAPERS THAT MAY BE SERVED SIMULTANEOUSLY MAY BE TRANSMITTED BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS FOR EXPEDITED SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "FACSIMILE TRANSMISSION" AND "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. S 3. Section 252 of the domestic relations law is amended by adding a new subdivision 10 to read as follows: 10. ALL ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION ISSUED PURSUANT TO THIS SECTION ALONG WITH ANY ASSOCIATED PAPERS THAT MAY BE SERVED SIMULTANEOUSLY SHALL BE SERVED IN ACCORDANCE WITH SUBDIVISION THREE-A OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE. S 4. The office of court administration is authorized to promulgate any rules and regulations necessary to implement the provisions of this act. S 5. This act shall take effect immediately.

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