Authorizes a court issuing a non-family offense temporary order of protection or an order of protection to direct that such order be filed with the computerized registry for orders of protection and warrants, if it is necessary to fulfill the purposes of such order; directs the superintendent of state police to include such orders on computerized registry.
BILL NUMBER:S976 REVISED 01/10/2011
TITLE OF BILL: An act to amend the criminal procedure law and the executive law, in relation to authorizing a court to file non-family offense temporary orders of protection and orders of protection with the computerized registry established for such information
PURPOSE OR GENERAL IDEA OF BILL: To permit temporary orders of protection and orders of protection for non-family domestic violence offenses to be filed with the statewide computerized registry of orders of protection.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 530.13 of the Criminal Procedure Law to permit courts to direct that orders of protection and temporary orders of protection of non-family domestic violence offenses be filed with the statewide computerized registry of orders of protection.
Section 2 amends section 221-a of the executive law directing the Superintendent of State Police to include such orders of protection on the computerized registry.
EXISTING LAW: Existing law only allows orders of protection and temporary orders of protection for family offenses to be entered on the statewide computerized registry.
JUSTIFICATION: The landmark Family Protection and Domestic Violence Intervention Act of 1994 created a framework to promote a more aggressive response to domestic violence. A statewide computerized registry was established to expedite communication between Family and Criminal Courts and law enforcement agencies. Only orders of protection for domestic violence offenses covered under the statutory definition of family offense, however, are put on the registry. At least half of the victims of domestic violence are persons outside the statutory definition of family. Orders of protection and temporary orders of protection issued to protect these victims, now covered under the 2008 legislation which expanded access to Family Court, should also be included on the computerized statewide registry.
LEGISLATIVE HISTORY: 1997-1998 - S.7303 - Referred to Codes Committee 1999-2000 - S.1012 - Passed Senate 2001-2002 - S.1340A - Referred to Codes 2007-2008 - S.8765 - Referred to Rules 2009-2010 - S.5372/A.2602 (Pretlow) - Referred to Codes
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE: The first of October next succeeding the date on which this bill becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 976 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. HASSELL-THOMPSON, DIAZ, KRUEGER -- 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 executive law, in relation to authorizing a court to file non-family offense temporary orders of protection and orders of protection with the computerized registry established for such information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 530.13 of the criminal procedure law, as amended by chapter 462 of the laws of 2002, is amended to read as follows: 5. The court shall inquire as to the existence of any other orders of protection between the defendant and the person or persons for whom the order of protection is sought. An order of protection issued under this section shall plainly state the date that such order expires. Orders of protection issued to protect victims of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, shall be on uniform statewide forms that shall be promulgated by the chief admin- istrator of the courts in a manner to ensure the compatibility of such forms with the statewide registry of orders of protection and warrants established pursuant to section two hundred twenty-one-a of the execu- tive law. A copy of an order of protection or a temporary order of protection issued pursuant to subdivision one, two, three, or four of this section shall be filed by the clerk of the court with the sheriff's office in the county in which such victim or victims reside, or, if the victim or victims reside within a city, with the police department of such city, AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW WHERE THE COURT DETERMINESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03312-01-1 S. 976 2
THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER. A copy of such order of protection or temporary order of protection may from time to time be filed by the clerk of the court with any other police department or sheriff's office having jurisdiction of the resi- dence, work place, and school of anyone intended to be protected by such order. A copy of the order may also be filed by the victim or victims at the appropriate police department or sheriff's office having jurisdic- tion. Any subsequent amendment or revocation of such order shall be filed in the same manner as herein provided. S 2. Subdivision 1 of section 221-a of the executive law, as separate- ly amended by sections 14 and 67 of part A of chapter 56 of the laws of 2010, is amended to read as follows: 1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six and eight of the family court act, section 530.12 of the criminal proce- dure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law AND THOSE ORDERS OF PROTECTION WHICH A COURT ORDERS FILED WITH THE REGISTRY PURSU- ANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW, AND ANY WARRANT ARISING THEREFROM, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subpara- graph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty- seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the fami- ly court act pertaining to articles three, seven and ten of such act and section 530.13 of the criminal procedure law EXCEPT AS PROVIDED FOR IN THIS SUBDIVISION shall not be included in the registry. The superinten- dent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law. S 3. This act shall take effect on the first of October next succeed- ing the date on which it shall have become a law.