Senate Bill S5641

2021-2022 Legislative Session

Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5641 (ACTIVE) - Details

See Assembly Version of this Bill:
A4516
Current Committee:
Senate Social Services
Law Section:
Executive Law
Laws Affected:
Add §577, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7639
2011-2012: S3970
2013-2014: S2718, S6275
2015-2016: S1771, A6896
2017-2018: S3116, A5835
2019-2020: S5086, A3419
2023-2024: S7193, A1958

2021-S5641 (ACTIVE) - Summary

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.

2021-S5641 (ACTIVE) - Sponsor Memo

2021-S5641 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5641
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07867-01-1

              

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