Bill Text: NY A01810 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires courts to notify victims upon service of orders of protection.
Spectrum: Slight Partisan Bill (Democrat 12-4)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01810 Detail]
Download: New_York-2015-A01810-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1810
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
___________
Introduced by M. of A. GUNTHER, ZEBROWSKI, JAFFEE, ABBATE, SCARBOROUGH,
RIVERA, HOOPER, COLTON, ROSENTHAL, GALEF, OTIS, SCHIMMINGER, TENNEY,
SALADINO -- Multi-Sponsored by -- M. of A. CROUCH, MAGEE, McDONOUGH --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in
relation to notification to victims of orders of protection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 530.12 of the criminal procedure law is amended by
2 adding a new subdivision 16 to read as follows:
3 16. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
4 TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
5 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
6 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
7 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
8 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
9 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
10 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
11 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
12 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
13 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
14 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
15 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
16 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
17 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
18 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
19 S 2. Section 530.13 of the criminal procedure law is amended by adding
20 a new subdivision 6-a to read as follows:
21 6-A. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFOR-
22 MATION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
23 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01027-01-5
A. 1810 2
1 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
2 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
3 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
4 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
5 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
6 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
7 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
8 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
9 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
10 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
11 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
12 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
13 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
14 S 3. Section 446 of the family court act, as amended by chapter 526 of
15 the laws of 2013, and the closing paragraph as added by chapter 480 of
16 the laws of 2013, is amended to read as follows:
17 S 446. Order of protection. 1. The court may make an order of
18 protection in assistance or as a condition of any other order made under
19 this part. The order of protection may set forth reasonable conditions
20 of behavior to be observed for a specified time by the petitioner or
21 respondent or both. No order of protection may direct any party to
22 observe conditions of behavior unless the party requesting the order of
23 protection has served and filed a petition or counter-claim in accord-
24 ance with section one hundred fifty-four-b of this act. Such an order
25 may require the petitioner or the respondent:
26 (a) to stay away from the home, school, business or place of employ-
27 ment of any other party, the other spouse, the other parent or the
28 child, and to stay away from any other specific location designated by
29 the court;
30 (b) to permit a parent, or a person entitled to visitation by a court
31 order or a separation agreement, to visit the child at stated periods;
32 (c) to refrain from committing a family offense, as defined in subdi-
33 vision one of section eight hundred twelve of this act, or any criminal
34 offense against the child or against the other parent or against any
35 person to whom custody of the child is awarded, or from harassing,
36 intimidating or threatening such persons;
37 (d) to permit a designated party to enter the residence during a spec-
38 ified period of time in order to remove personal belongings not in issue
39 in this proceeding or in any other proceeding or action under this act
40 or the domestic relations law;
41 (e) to refrain from acts of commission or omission that create an
42 unreasonable risk to the health, safety or welfare of a child;
43 (f) to participate in an educational program and to pay the costs
44 thereof if the person has the means to do so, provided however that
45 nothing contained herein shall be deemed to require payment of the costs
46 of any such program by the state or any political subdivision thereof;
47 (g) to provide, either directly or by means of medical and health
48 insurance, for expenses incurred for medical care and treatment arising
49 from the incident or incidents forming the basis for the issuance of the
50 order;
51 (h) [1.] (1) to refrain from intentionally injuring or killing, with-
52 out justification, any companion animal the respondent knows to be
53 owned, possessed, leased, kept or held by the person protected by the
54 order or a minor child residing in such person's household.
A. 1810 3
1 [2.] (2) "Companion animal", as used in this section, shall have the
2 same meaning as in subdivision five of section three hundred fifty of
3 the agriculture and markets law;
4 (i) [1.] (1) to promptly return specified identification documents to
5 the protected party, in whose favor the order of protection or temporary
6 order of protection is issued; provided, however, that such order may:
7 (A) include any appropriate provision designed to ensure that any such
8 document is available for use as evidence in this proceeding, and avail-
9 able if necessary for legitimate use by the party against whom such
10 order is issued; and (B) specify the manner in which such return shall
11 be accomplished.
12 [2.] (2) For purposes of this subdivision, "identification document"
13 shall mean any of the following: (A) exclusively in the name of the
14 protected party: birth certificate, passport, social security card,
15 health insurance or other benefits card, a card or document used to
16 access bank, credit or other financial accounts or records, tax returns,
17 any driver's license, and immigration documents including but not limit-
18 ed to a United States permanent resident card and employment authori-
19 zation document; and (B) upon motion and after notice and an opportunity
20 to be heard, any of the following, including those that may reflect
21 joint use or ownership, that the court determines are necessary and are
22 appropriately transferred to the protected party: any card or document
23 used to access bank, credit or other financial accounts or records, tax
24 returns, and any other identifying cards and documents; and
25 (j) to observe such other conditions as are necessary to further the
26 purposes of protection.
27 2. The court may also award custody of the child, during the term of
28 the order of protection to either parent, or to an appropriate relative
29 within the second degree. Nothing in this section gives the court power
30 to place or board out any child or to commit a child to an institution
31 or agency. In making orders of protection, the court shall so act as to
32 insure that in the care, protection, discipline and guardianship of the
33 child his religious faith shall be preserved and protected.
34 3. Notwithstanding the foregoing provisions, an order of protection,
35 or temporary order of protection where applicable, may be entered
36 against a former spouse and persons who have a child in common, regard-
37 less of whether such persons have been married or have lived together at
38 any time, or against a member of the same family or household as defined
39 in subdivision one of section eight hundred twelve of this act.
40 4. In addition to the foregoing provisions, the court may issue an
41 order, pursuant to section two hundred twenty-seven-c of the real prop-
42 erty law, authorizing the party for whose benefit any order of
43 protection has been issued to terminate a lease or rental agreement
44 pursuant to section two hundred twenty-seven-c of the real property law.
45 5. In any proceeding pursuant to this article, a court shall not deny
46 an order of protection, or dismiss an application for such an order,
47 solely on the basis that the acts or events alleged are not relatively
48 contemporaneous with the date of the application or the conclusion of
49 the action. The duration of any temporary order shall not by itself be a
50 factor in determining the length or issuance of any final order.
51 6. The protected party in whose favor the order of protection or
52 temporary order of protection is issued may not be held to violate an
53 order issued in his or her favor nor may such protected party be
54 arrested for violating such order.
55 7. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
56 TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
A. 1810 4
1 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
2 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
3 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
4 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
5 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
6 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
7 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
8 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
9 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
10 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
11 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
12 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
13 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
14 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
15 S 4. Section 551 of the family court act, as amended by chapter 526 of
16 the laws of 2013, and the closing paragraph as added by chapter 480 of
17 the laws of 2013, is amended to read as follows:
18 S 551. Order of protection. 1. The court may make an order of
19 protection in assistance or as a condition of any other order made under
20 this article. The order of protection may set forth reasonable condi-
21 tions of behavior to be observed for a specified time by the petitioner
22 or respondent or both. No order of protection may direct any party to
23 observe conditions of behavior unless the party requesting the order of
24 protection has served and filed a petition or counter-claim in accord-
25 ance with section one hundred fifty-four-b of this act. Such an order
26 may require the petitioner or the respondent:
27 (a) to stay away from the home, school, business or place of employ-
28 ment of any other party, the other parent, or the child, and to stay
29 away from any other specific location designated by the court;
30 (b) to permit a parent, or a person entitled to visitation by a court
31 order or a separation agreement to visit the child at stated periods;
32 (c) to refrain from committing a family offense, as defined in subdi-
33 vision one of section eight hundred twelve of this act, or any criminal
34 offense against the child or against the other parent or against any
35 person to whom custody of the child is awarded, or from harassing,
36 intimidating or threatening such persons;
37 (d) to permit a designated party to enter the residence during a spec-
38 ified period of time in order to remove personal belongings not in issue
39 in this proceeding or in any other proceeding or action under this act
40 or the domestic relations law;
41 (e) to refrain from acts of commission or omission that create an
42 unreasonable risk to the health, safety or welfare of a child;
43 (f) to participate in an educational program and to pay the costs
44 thereof if the person has the means to do so, provided, however, that
45 nothing contained herein shall be deemed to require payment of the costs
46 of any such program by the state or any political subdivision thereof;
47 (g) to provide, either directly or by means of medical and health
48 insurance, for expenses incurred for medical care and treatment arising
49 from the incident or incidents forming the basis for the issuance of the
50 order;
51 (h) to pay the reasonable counsel fees and disbursements involved in
52 obtaining or enforcing the order of the person who is protected by such
53 order if such order is issued or enforced, whether or not an order of
54 filiation is made;
55 (i) [1.] (1) to refrain from intentionally injuring or killing, with-
56 out justification, any companion animal the respondent knows to be
A. 1810 5
1 owned, possessed, leased, kept or held by the person protected by the
2 order or a minor child residing in such person's household.
3 [2.] (2) "Companion animal", as used in this section, shall have the
4 same meaning as in subdivision five of section three hundred fifty of
5 the agriculture and markets law;
6 (j) [1.] (1) to promptly return specified identification documents to
7 the protected party, in whose favor the order of protection or temporary
8 order of protection is issued; provided, however, that such order may:
9 (A) include any appropriate provision designed to ensure that any such
10 document is available for use as evidence in this proceeding, and avail-
11 able if necessary for legitimate use by the party against whom such
12 order is issued; and (B) specify the manner in which such return shall
13 be accomplished.
14 [2.] (2) For purposes of this subdivision, "identification document"
15 shall mean any of the following: (A) exclusively in the name of the
16 protected party: birth certificate, passport, social security card,
17 health insurance or other benefits card, a card or document used to
18 access bank, credit or other financial accounts or records, tax returns,
19 any driver's license, and immigration documents including but not limit-
20 ed to a United States permanent resident card and employment authori-
21 zation document; and (B) upon motion and after notice and an opportunity
22 to be heard, any of the following, including those that may reflect
23 joint use or ownership, that the court determines are necessary and are
24 appropriately transferred to the protected party: any card or document
25 used to access bank, credit or other financial accounts or records, tax
26 returns, and any other identifying cards and documents; and
27 (k) to observe such other conditions as are necessary to further the
28 purposes of protection.
29 2. The court may also award custody of the child, during the term of
30 the order of protection to either parent, or to an appropriate relative
31 within the second degree. Nothing in this section gives the court power
32 to place or board out any child or to commit a child to an institution
33 or agency. In making orders of protection, the court shall so act as to
34 insure that in the care, protection, discipline and guardianship of the
35 child his religious faith shall be preserved and protected.
36 3. Notwithstanding the foregoing provisions, an order of protection,
37 or temporary order of protection where applicable, may be entered
38 against a former spouse and persons who have a child in common, regard-
39 less of whether such persons have been married or have lived together at
40 any time, or against a member of the same family or household as defined
41 in subdivision one of section eight hundred twelve of this act.
42 4. In any proceeding pursuant to this article, a court shall not deny
43 an order of protection, or dismiss an application for such an order,
44 solely on the basis that the acts or events alleged are not relatively
45 contemporaneous with the date of the application or the conclusion of
46 the action. The duration of any temporary order shall not by itself be a
47 factor in determining the length or issuance of any final order.
48 5. The protected party in whose favor the order of protection or
49 temporary order of protection is issued may not be held to violate an
50 order issued in his or her favor nor may such protected party be
51 arrested for violating such order.
52 6. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
53 TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
54 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
55 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
56 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
A. 1810 6
1 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
2 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
3 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
4 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
5 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
6 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
7 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
8 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
9 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
10 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
11 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
12 S 5. Section 656 of the family court act, as amended by chapter 526 of
13 the laws of 2013, and the closing paragraph as added by chapter 480 of
14 the laws of 2013, is amended to read as follows:
15 S 656. Order of protection. 1. The court may make an order of
16 protection and an order of probation in assistance or as a condition of
17 any other order made under this part. The order of protection may set
18 forth reasonable conditions of behavior to be observed for a specific
19 time by any petitioner or any respondent, and shall specify if an order
20 of probation is in effect. No order of protection may direct any party
21 to observe conditions of behavior unless the party requesting the order
22 of protection has served and filed a petition or counter-claim in
23 accordance with section one hundred fifty-four-b of this act. Such an
24 order may require the petitioner or the respondent:
25 (a) to stay away from the home, school, business or place of employ-
26 ment of any other party, the other spouse or parent, or the child, and
27 to stay away from any other specific location designated by the court;
28 (b) to permit a parent, or a person entitled to visitation by a court
29 order or a separation agreement, to visit the child at stated periods;
30 (c) to refrain from committing a family offense, as defined in subdi-
31 vision one of section eight hundred twelve of this act, or any criminal
32 offense against the child or against the other parent or against any
33 person to whom custody of the child is awarded, or from harassing,
34 intimidating or threatening such persons;
35 (d) to permit a designated party to enter the residence during a spec-
36 ified period of time in order to remove personal belongings not in issue
37 in this proceeding or in any other proceeding or action under this act
38 or the domestic relations law;
39 (e) to refrain from acts of commission or omission that create an
40 unreasonable risk to the health, safety or welfare of a child;
41 (f) to participate in an educational program and to pay the costs
42 thereof if the person has the means to do so, provided however that
43 nothing contained herein shall be deemed to require payment of the costs
44 of any such program by the state or any political subdivision thereof;
45 (g) to provide, either directly or by means of medical and health
46 insurance, for expenses incurred for medical care and treatment arising
47 from the incident or incidents forming the basis for the issuance of the
48 order;
49 (h) to pay the reasonable counsel fees and disbursements involved in
50 obtaining or enforcing the order of the person who is protected by such
51 order if such order is issued or enforced;
52 (i) [1.] (1) to refrain from intentionally injuring or killing, with-
53 out justification, any companion animal the respondent knows to be
54 owned, possessed, leased, kept or held by the petitioner or a minor
55 child residing in the household.
A. 1810 7
1 [2.] (2) "Companion animal", as used in this section, shall have the
2 same meaning as in subdivision five of section three hundred fifty of
3 the agriculture and markets law;
4 (j) [1.] (1) to promptly return specified identification documents to
5 the protected party, in whose favor the order of protection or temporary
6 order of protection is issued; provided, however, that such order may:
7 (A) include any appropriate provision designed to ensure that any such
8 document is available for use as evidence in this proceeding, and avail-
9 able if necessary for legitimate use by the party against whom such
10 order is issued; and (B) specify the manner in which such return shall
11 be accomplished.
12 [2.] (2) For purposes of this subdivision, "identification document"
13 shall mean any of the following: (A) exclusively in the name of the
14 protected party: birth certificate, passport, social security card,
15 health insurance or other benefits card, a card or document used to
16 access bank, credit or other financial accounts or records, tax returns,
17 any driver's license, and immigration documents including but not limit-
18 ed to a United States permanent resident card and employment authori-
19 zation document; and (B) upon motion and after notice and an opportunity
20 to be heard, any of the following, including those that may reflect
21 joint use or ownership, that the court determines are necessary and are
22 appropriately transferred to the protected party: any card or document
23 used to access bank, credit or other financial accounts or records, tax
24 returns, and any other identifying cards and documents; and
25 (k) to observe such other conditions as are necessary to further the
26 purposes of protection.
27 2. The court shall not require anyone seeking an order of protection
28 under this section to first request that child protective services
29 investigate the allegations or to first request permission to file a
30 petition under article ten of this act.
31 3. Notwithstanding the foregoing provisions, an order of protection,
32 or temporary order of protection where applicable, may be entered
33 against a former spouse and persons who have a child in common, regard-
34 less of whether such persons have been married or have lived together at
35 any time, or against a member of the same family or household as defined
36 in subdivision one of section eight hundred twelve of this act.
37 4. In addition to the foregoing provisions, the court may issue an
38 order, pursuant to section two hundred twenty-seven-c of the real prop-
39 erty law, authorizing the party for whose benefit any order of
40 protection has been issued to terminate a lease or rental agreement
41 pursuant to section two hundred twenty-seven-c of the real property law.
42 5. In any proceeding pursuant to this article, a court shall not deny
43 an order of protection, or dismiss an application for such an order,
44 solely on the basis that the acts or events alleged are not relatively
45 contemporaneous with the date of the application or the conclusion of
46 the action. The duration of any temporary order shall not by itself be a
47 factor in determining the length or issuance of any final order.
48 6. The protected party in whose favor the order of protection or
49 temporary order of protection is issued may not be held to violate an
50 order issued in his or her favor nor may such protected party be
51 arrested for violating such order.
52 7. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
53 TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
54 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
55 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
56 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
A. 1810 8
1 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
2 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
3 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
4 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
5 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
6 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
7 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
8 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
9 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
10 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
11 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
12 S 6. Section 842 of the family court act, as amended by chapter 526 of
13 the laws of 2013, and the closing paragraph as added by chapter 480 of
14 the laws of 2013, is amended to read as follows:
15 S 842. Order of protection. 1. An order of protection under section
16 eight hundred forty-one of this part shall set forth reasonable condi-
17 tions of behavior to be observed for a period not in excess of two years
18 by the petitioner or respondent or for a period not in excess of five
19 years upon (i) a finding by the court on the record of the existence of
20 aggravating circumstances as defined in paragraph (vii) of subdivision
21 (a) of section eight hundred twenty-seven of this article; or (ii) a
22 finding by the court on the record that the conduct alleged in the peti-
23 tion is in violation of a valid order of protection. Any finding of
24 aggravating circumstances pursuant to this section shall be stated on
25 the record and upon the order of protection. The court may also, upon
26 motion, extend the order of protection for a reasonable period of time
27 upon a showing of good cause or consent of the parties. The fact that
28 abuse has not occurred during the pendency of an order shall not, in
29 itself, constitute sufficient ground for denying or failing to extend
30 the order. The court must articulate a basis for its decision on the
31 record. The duration of any temporary order shall not by itself be a
32 factor in determining the length or issuance of any final order. Any
33 order of protection issued pursuant to this section shall specify if an
34 order of probation is in effect. Any order of protection issued pursuant
35 to this section may require the petitioner or the respondent:
36 (a) to stay away from the home, school, business or place of employ-
37 ment of any other party, the other spouse, the other parent, or the
38 child, and to stay away from any other specific location designated by
39 the court, provided that the court shall make a determination, and shall
40 state such determination in a written decision or on the record, whether
41 to impose a condition pursuant to this subdivision, provided further,
42 however, that failure to make such a determination shall not affect the
43 validity of such order of protection. In making such determination, the
44 court shall consider, but shall not be limited to consideration of,
45 whether the order of protection is likely to achieve its purpose in the
46 absence of such a condition, conduct subject to prior orders of
47 protection, prior incidents of abuse, extent of past or present injury,
48 threats, drug or alcohol abuse, and access to weapons;
49 (b) to permit a parent, or a person entitled to visitation by a court
50 order or a separation agreement, to visit the child at stated periods;
51 (c) to refrain from committing a family offense, as defined in subdi-
52 vision one of section eight hundred twelve of this act, or any criminal
53 offense against the child or against the other parent or against any
54 person to whom custody of the child is awarded, or from harassing,
55 intimidating or threatening such persons;
A. 1810 9
1 (d) to permit a designated party to enter the residence during a spec-
2 ified period of time in order to remove personal belongings not in issue
3 in this proceeding or in any other proceeding or action under this act
4 or the domestic relations law;
5 (e) to refrain from acts of commission or omission that create an
6 unreasonable risk to the health, safety or welfare of a child;
7 (f) to pay the reasonable counsel fees and disbursements involved in
8 obtaining or enforcing the order of the person who is protected by such
9 order if such order is issued or enforced;
10 (g) to require the respondent to participate in a batterer's education
11 program designed to help end violent behavior, which may include refer-
12 ral to drug and alcohol counselling, and to pay the costs thereof if the
13 person has the means to do so, provided however that nothing contained
14 herein shall be deemed to require payment of the costs of any such
15 program by the petitioner, the state or any political subdivision there-
16 of;
17 (h) to provide, either directly or by means of medical and health
18 insurance, for expenses incurred for medical care and treatment arising
19 from the incident or incidents forming the basis for the issuance of the
20 order;
21 (i) [1.] (1) to refrain from intentionally injuring or killing, with-
22 out justification, any companion animal the respondent knows to be
23 owned, possessed, leased, kept or held by the petitioner or a minor
24 child residing in the household.
25 [2.] (2) "Companion animal", as used in this section, shall have the
26 same meaning as in subdivision five of section three hundred fifty of
27 the agriculture and markets law;
28 (j) [1.] (1) to promptly return specified identification documents to
29 the protected party, in whose favor the order of protection or temporary
30 order of protection is issued; provided, however, that such order may:
31 (A) include any appropriate provision designed to ensure that any such
32 document is available for use as evidence in this proceeding, and avail-
33 able if necessary for legitimate use by the party against whom such
34 order is issued; and (B) specify the manner in which such return shall
35 be accomplished.
36 [2.] (2) For purposes of this subdivision, "identification document"
37 shall mean any of the following: (A) exclusively in the name of the
38 protected party: birth certificate, passport, social security card,
39 health insurance or other benefits card, a card or document used to
40 access bank, credit or other financial accounts or records, tax returns,
41 any driver's license, and immigration documents including but not limit-
42 ed to a United States permanent resident card and employment authori-
43 zation document; and (B) upon motion and after notice and an opportunity
44 to be heard, any of the following, including those that may reflect
45 joint use or ownership, that the court determines are necessary and are
46 appropriately transferred to the protected party: any card or document
47 used to access bank, credit or other financial accounts or records, tax
48 returns, and any other identifying cards and documents; and
49 (k) to observe such other conditions as are necessary to further the
50 purposes of protection.
51 2. The court may also award custody of the child, during the term of
52 the order of protection to either parent, or to an appropriate relative
53 within the second degree. Nothing in this section gives the court power
54 to place or board out any child or to commit a child to an institution
55 or agency.
A. 1810 10
1 3. Notwithstanding the provisions of section eight hundred seventeen
2 of this article, where a temporary order of child support has not
3 already been issued, the court may in addition to the issuance of an
4 order of protection pursuant to this section, issue an order for tempo-
5 rary child support in an amount sufficient to meet the needs of the
6 child, without a showing of immediate or emergency need. The court shall
7 make an order for temporary child support notwithstanding that informa-
8 tion with respect to income and assets of the respondent may be unavail-
9 able. Where such information is available, the court may make an award
10 for temporary child support pursuant to the formula set forth in subdi-
11 vision one of section four hundred thirteen of this act. Temporary
12 orders of support issued pursuant to this article shall be deemed to
13 have been issued pursuant to section four hundred thirteen of this act.
14 4. Upon making an order for temporary child support pursuant to this
15 subdivision, the court shall advise the petitioner of the availability
16 of child support enforcement services by the support collection unit of
17 the local department of social services, to enforce the temporary order
18 and to assist in securing continued child support, and shall set the
19 support matter down for further proceedings in accordance with article
20 four of this act.
21 5. Where the court determines that the respondent has employer-provid-
22 ed medical insurance, the court may further direct, as part of an order
23 of temporary support under this subdivision, that a medical support
24 execution be issued and served upon the respondent's employer as
25 provided for in section fifty-two hundred forty-one of the civil prac-
26 tice law and rules.
27 6. In any proceeding in which an order of protection or temporary
28 order of protection or a warrant has been issued under this section, the
29 clerk of the court shall issue to the petitioner and respondent and his
30 counsel and to any other person affected by the order a copy of the
31 order of protection or temporary order of protection and ensure that a
32 copy of the order of protection or temporary order of protection be
33 transmitted to the local correctional facility where the individual is
34 or will be detained, the state or local correctional facility where the
35 individual is or will be imprisoned, and the supervising probation
36 department or the department of corrections and community supervision
37 where the individual is under probation or parole supervision.
38 7. Notwithstanding the foregoing provisions, an order of protection,
39 or temporary order of protection where applicable, may be entered
40 against a former spouse and persons who have a child in common, regard-
41 less of whether such persons have been married or have lived together at
42 any time, or against a member of the same family or household as defined
43 in subdivision one of section eight hundred twelve of this article.
44 8. In addition to the foregoing provisions, the court may issue an
45 order, pursuant to section two hundred twenty-seven-c of the real prop-
46 erty law, authorizing the party for whose benefit any order of
47 protection has been issued to terminate a lease or rental agreement
48 pursuant to section two hundred twenty-seven-c of the real property law.
49 9. The protected party in whose favor the order of protection or
50 temporary order of protection is issued may not be held to violate an
51 order issued in his or her favor nor may such protected party be
52 arrested for violating such order.
53 10. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFOR-
54 MATION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
55 REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
56 NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
A. 1810 11
1 TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
2 PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
3 TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
4 RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
5 TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
6 SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
7 MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
8 SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
9 COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
10 TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
11 PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
12 ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
13 S 7. This act shall take effect immediately.
