Bill Text: NY A01197 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to pre-disposition and pre-sentence investigations in family offense cases; makes provisions relating to probation access to the family protection registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-27 - enacting clause stricken [A01197 Detail]
Download: New_York-2017-A01197-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1197 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. SIMANOWITZ -- read once and referred to the Committee on Codes AN ACT to amend the executive law, the family court act and the criminal procedure law, in relation to pre-dispositional and pre-sentence investigations in family offense cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 221-a of the executive law, as 2 amended by chapter 368 of the laws of 2013, is amended to read as 3 follows: 4 4. Courts and law enforcement officials, including probation officers, 5 and employees of local correctional facilities and the department of 6 corrections and community supervision who are responsible for monitor- 7 ing, supervising or classification of inmates or parolees shall have the 8 ability to disclose and share information with respect to such orders 9 and warrants consistent with the purposes of this section, subject to 10 applicable provisions of the family court act, domestic relations law 11 and criminal procedure law concerning the confidentiality, sealing and 12 expungement of records. Designated representatives of a local probation 13 service shall have access to information in the statewide registry of 14 orders of protection and warrants necessary in order to respond to a 15 judicial request for information pursuant to subdivision six of section 16 eight hundred twenty-one-a of the family court act, subdivision six-a of 17 section 530.12 of the criminal procedure law or, insofar as they involve 18 victims of domestic violence as defined by section four hundred fifty- 19 nine-a of the social services law, section 530.13 of the criminal proce- 20 dure law, or to prepare an investigation and report in proceedings 21 conducted pursuant to sections 351.1, six hundred forty-two, six hundred 22 fifty-six, six hundred sixty-two, seven hundred fifty, eight hundred 23 thirty-five and subdivision (b) of section one thousand forty-seven of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03479-01-7A. 1197 2 1 the family court act or article three hundred ninety of the criminal 2 procedure law. 3 § 2. The section heading and subdivision (a) of section 835 of the 4 family court act, as amended by chapter 529 of the laws of 1963, are 5 amended to read as follows: 6 Sequence of hearings; probation investigations and reports. 7 (a) Upon completion of the fact-finding hearing, the dispositional 8 hearing may commence immediately after the required findings are made. 9 In aid of its disposition, the court may adjourn the proceeding for an 10 investigation and report by a local probation service. For the purposes 11 of this article, the probation investigation and report may include, but 12 is not limited to: the presence or absence of aggravating factors as 13 defined in paragraph (vii) of subdivision (a) of section eight hundred 14 twenty-seven of this article, the extent of injuries or out-of-pocket 15 losses to the victim which may form the basis for an order of restitu- 16 tion pursuant to subdivision (e) of section eight hundred forty-one of 17 this article, the history of the respondent with respect to family 18 offenses and orders of protection in this or other courts, whether the 19 respondent is in possession of any firearms and, if so, whether the 20 respondent is licensed or otherwise authorized to be in possession of 21 such firearms. 22 § 3. Subdivision 3 of section 390.20 of the criminal procedure law is 23 amended to read as follows: 24 3. Permissible in any case. For purposes of sentence, issuance of an 25 order of protection pursuant to subdivision five of section 530.12 of 26 this chapter or, insofar as they involve victims of domestic violence as 27 defined by section four hundred fifty-nine-a of the social services law, 28 section 530.13 of this chapter, the court may, in its discretion, order 29 a pre-sentence investigation and report in any case, irrespective of 30 whether such investigation and report is required by subdivision one or 31 two of this section. 32 § 4. Subdivision 4 of section 390.30 of the criminal procedure law, as 33 amended by chapter 618 of the laws of 1992, the opening paragraph as 34 amended by section 50 of part A of chapter 56 of the laws of 2010, is 35 amended to read as follows: 36 4. Abbreviated investigation and short form report. In lieu of the 37 procedure set forth in subdivisions one, two and three of this section, 38 where the conviction is of a misdemeanor or family offense, as defined 39 in subdivision one of section 530.11 of this chapter, other than a felo- 40 ny, the scope of the pre-sentence investigation may be abbreviated and a 41 short form report may be made. The use of abbreviated investigations 42 and short form reports, the matters to be covered therein and the form 43 of the reports shall be in accordance with the general rules regulating 44 methods and procedures in the administration of probation as adopted 45 from time to time by the commissioner of the division of criminal 46 justice services pursuant to the provisions of article twelve of the 47 executive law. No such rule, however, shall be construed so as to 48 relieve the agency conducting the investigation of the duty of investi- 49 gating and reporting upon: 50 (a) the extent of the injury or economic loss and the actual out-of- 51 pocket loss to the victim including the amount of restitution and repa- 52 ration sought by the victim, after the victim has been informed of the 53 right to seek restitution and reparation, or 54 (b) in a case involving a family offense, as defined in subdivision 55 one of section 530.11 of this chapter, the defendant's history of family 56 offenses and orders of protection, including violations, in proceedingsA. 1197 3 1 or actions in this or other courts, the extent of injuries or threats of 2 injury to the complainant or members of complainant's family or house- 3 hold, the use or threatened use of dangerous instruments against the 4 complainant or members of complainant's family or household, whether the 5 defendant is in possession of any firearms and, if so, whether defendant 6 is licensed or otherwise authorized to be in possession of such 7 firearms, the extent to which the defendant poses an immediate and ongo- 8 ing danger to the complainant or members of the complainant's family or 9 household and any other information relevant to the issue of whether an 10 order of protection, in addition to any other disposition, should be 11 issued in accordance with subdivision five of section 530.12 of this 12 chapter, or 13 (c) any matter relevant to the question of sentence or issuance of an 14 order of protection that the court directs to be included in particular 15 cases. 16 § 5. This act shall take effect on the ninetieth day after it shall 17 have become a law.
