Bill Text: NY A02082 | 2019-2020 | General Assembly | Introduced


Bill Title: Expands upon conditions which may be included in an order of protection issued for victims of domestic violence and makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A02082 Detail]

Download: New_York-2019-A02082-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2082
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the criminal procedure law and the family court act,  in
          relation to orders of protection
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 530.12 of the  criminal  procedure
     2  law  is  amended  by adding five new paragraphs (c), (c-1), (c-2), (c-3)
     3  and (c-4) to read as follows:
     4    (c) to make or to continue to make rent  or  mortgage  payments  on  a
     5  residence  occupied  by the person who is protected by such order if the
     6  respondent is found to have a duty to support the  petitioner  or  other
     7  dependent  household  members  provided  that  this  issue  has not been
     8  resolved or is not  being  litigated  between  the  parties  in  another
     9  action;
    10    (c-1)  to  pay the petitioner's rent or fees for housing services at a
    11  residence other than the one previously shared by  the  parties  if  the
    12  respondent  is  found  to  have a duty to support the petitioner and the
    13  petitioner requires alternative housing due to the incident or incidents
    14  forming the basis for the issuance of the order;
    15    (c-2) to pay monetary compensation for losses arising from  the  inci-
    16  dent  or incidents forming the basis for the issuance of the order; such
    17  order may require the respondent to  pay  the  petitioner  directly,  to
    18  reimburse  the  crime  victims  board  for any and all compensation paid
    19  directly to or on behalf of the petitioner, and  may  require  that  the
    20  respondent reimburse any parties that may have compensated the petition-
    21  er,  as  the court may determine. Compensatory losses shall include, but
    22  shall not be limited to, loss of earnings or other support, out-of-pock-
    23  et losses for injuries sustained, cost of repair or replacement of  real
    24  or personal property damaged, destroyed or taken, cost of counseling for
    25  the petitioner and/or dependent household member, moving or other travel
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04294-01-9

        A. 2082                             2
     1  expenses,  reasonable attorney's fees, court costs, and compensation for
     2  pain and suffering;
     3    (c-3)  to  grant possession of specified personal property which shall
     4  include but shall not  be  limited  to  automobiles,  checkbooks,  keys,
     5  documentation  of  health  insurance, other identification documentation
     6  and other personal effects;
     7    (c-4) to prohibit the respondent  from  transferring,  encumbering  or
     8  otherwise  disposing  of  specified property mutually owned or leased by
     9  the parties;
    10    § 2. Subdivision 5 of section 530.12 of the criminal procedure law  is
    11  amended  by  adding  five  new paragraphs (b-1), (b-2), (b-3), (b-4) and
    12  (b-5) to read as follows:
    13    (b-1) to make or to continue to make rent or mortgage  payments  on  a
    14  residence  occupied  by the person who is protected by such order if the
    15  respondent is found to have a duty to support the  petitioner  or  other
    16  dependent  household  members  provided  that  this  issue  has not been
    17  resolved or is not  being  litigated  between  the  parties  in  another
    18  action;
    19    (b-2)  to  pay the petitioner's rent or fees for housing services at a
    20  residence other than the one previously shared by  the  parties  if  the
    21  respondent  is  found  to  have a duty to support the petitioner and the
    22  petitioner requires alternative housing due to the incident or incidents
    23  forming the basis for the issuance of the order;
    24    (b-3) to pay monetary compensation for losses arising from  the  inci-
    25  dent  or incidents forming the basis for the issuance of the order; such
    26  order may require the respondent to  pay  the  petitioner  directly,  to
    27  reimburse  the  crime  victims  board  for any and all compensation paid
    28  directly to or on behalf of the petitioner, and  may  require  that  the
    29  respondent reimburse any parties that may have compensated the petition-
    30  er,  as  the court may determine. Compensatory losses shall include, but
    31  shall not be limited to, loss of earnings or other support, out-of-pock-
    32  et losses for injuries sustained, cost of repair or replacement of  real
    33  or personal property damaged, destroyed or taken, cost of counseling for
    34  the petitioner and/or dependent household member, moving or other travel
    35  expenses,  reasonable attorney's fees, court costs, and compensation for
    36  pain and suffering;
    37    (b-4) to grant possession of specified personal property  which  shall
    38  include  but  shall  not  be  limited  to automobiles, checkbooks, keys,
    39  documentation of health insurance,  other  identification  documentation
    40  and other personal effects;
    41    (b-5)  to  prohibit  the  respondent from transferring, encumbering or
    42  otherwise disposing of specified property mutually owned  or  leased  by
    43  the parties;
    44    § 3. Section 446 of the family court act is amended by adding five new
    45  subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) to read as follows:
    46    (f-1)  to  make  or to continue to make rent or mortgage payments on a
    47  residence occupied by the person who is protected by such order  if  the
    48  respondent  is  found  to have a duty to support the petitioner or other
    49  dependent household members  provided  that  this  issue  has  not  been
    50  resolved  or  is  not  being  litigated  between  the parties in another
    51  action;
    52    (f-2) to pay the petitioner's rent or fees for housing services  at  a
    53  residence  other  than  the  one previously shared by the parties if the
    54  respondent is found to have a duty to support  the  petitioner  and  the
    55  petitioner requires alternative housing due to the incident or incidents
    56  forming the basis for the issuance of the order;

        A. 2082                             3
     1    (f-3)  to  pay monetary compensation for losses arising from the inci-
     2  dent or incidents forming the basis for the issuance of the order;  such
     3  order  may  require  the  respondent  to pay the petitioner directly, to
     4  reimburse the crime victims board for  any  and  all  compensation  paid
     5  directly  to  or  on  behalf of the petitioner, and may require that the
     6  respondent reimburse any parties that may have compensated the petition-
     7  er, as the court may determine. Compensatory losses shall  include,  but
     8  shall not be limited to, loss of earnings or other support, out-of-pock-
     9  et  losses for injuries sustained, cost of repair or replacement of real
    10  or personal property damaged, destroyed or taken, cost of counseling for
    11  the petitioner and/or dependent household member, moving or other travel
    12  expenses, reasonable attorney's fees, court costs, and compensation  for
    13  pain and suffering;
    14    (f-4)  to  grant possession of specified personal property which shall
    15  include but shall not  be  limited  to  automobiles,  checkbooks,  keys,
    16  documentation  of  health  insurance, other identification documentation
    17  and other personal effects;
    18    (f-5) to prohibit the respondent  from  transferring,  encumbering  or
    19  otherwise  disposing  of  specified property mutually owned or leased by
    20  the parties;
    21    § 4. Section 656 of the family court act is amended by adding five new
    22  subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
    23    (g-1) to make or to continue to make rent or mortgage  payments  on  a
    24  residence  occupied  by the person who is protected by such order if the
    25  respondent is found to have a duty to support the  petitioner  or  other
    26  dependent  household  members  provided  that  this  issue  has not been
    27  resolved or is not  being  litigated  between  the  parties  in  another
    28  action;
    29    (g-2)  to  pay the petitioner's rent or fees for housing services at a
    30  residence other than the one previously shared by  the  parties  if  the
    31  respondent  is  found  to  have a duty to support the petitioner and the
    32  petitioner requires alternative housing due to the incident or incidents
    33  forming the basis for the issuance of the order;
    34    (g-3) to pay monetary compensation for losses arising from  the  inci-
    35  dent  or incidents forming the basis for the issuance of the order; such
    36  order may require the respondent to  pay  the  petitioner  directly,  to
    37  reimburse  the  crime  victims  board  for any and all compensation paid
    38  directly to or on behalf of the petitioner, and  may  require  that  the
    39  respondent reimburse any parties that may have compensated the petition-
    40  er,  as  the court may determine. Compensatory losses shall include, but
    41  shall not be limited to, loss of earnings or other support, out-of-pock-
    42  et losses for injuries sustained, cost of repair or replacement of  real
    43  or personal property damaged, destroyed or taken, cost of counseling for
    44  the petitioner and/or dependent household member, moving or other travel
    45  expenses,  reasonable attorney's fees, court costs, and compensation for
    46  pain and suffering;
    47    (g-4) to grant possession of specified personal property  which  shall
    48  include  but  shall  not  be  limited  to automobiles, checkbooks, keys,
    49  documentation of health insurance,  other  identification  documentation
    50  and other personal effects;
    51    (g-5)  to  prohibit  the  respondent from transferring, encumbering or
    52  otherwise disposing of specified property mutually owned  or  leased  by
    53  the parties;
    54    § 5. Section 842 of the family court act is amended by adding five new
    55  subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:

        A. 2082                             4
     1    (g-1)  to  make  or to continue to make rent or mortgage payments on a
     2  residence occupied by the person who is protected by such order  if  the
     3  respondent  is  found  to have a duty to support the petitioner or other
     4  dependent household members  provided  that  this  issue  has  not  been
     5  resolved  or  is  not  being  litigated  between  the parties in another
     6  action;
     7    (g-2) to pay the petitioner's rent or fees for housing services  at  a
     8  residence  other  than  the  one previously shared by the parties if the
     9  respondent is found to have a duty to support  the  petitioner  and  the
    10  petitioner requires alternative housing due to the incident or incidents
    11  forming the basis for the issuance of the order;
    12    (g-3)  to  pay monetary compensation for losses arising from the inci-
    13  dent or incidents forming the basis for the issuance of the order;  such
    14  order  may  require  the  respondent  to pay the petitioner directly, to
    15  reimburse the crime victims board for  any  and  all  compensation  paid
    16  directly  to  or  on  behalf of the petitioner, and may require that the
    17  respondent reimburse any parties that may have compensated the petition-
    18  er, as the court may determine. Compensatory losses shall  include,  but
    19  shall not be limited to, loss of earnings or other support, out-of-pock-
    20  et  losses for injuries sustained, cost of repair or replacement of real
    21  or personal property damaged, destroyed or taken, cost of counseling for
    22  the petitioner and/or dependent household member, moving or other travel
    23  expenses, reasonable attorney's fees, court costs, and compensation  for
    24  pain and suffering;
    25    (g-4)  to  grant possession of specified personal property which shall
    26  include but shall not  be  limited  to  automobiles,  checkbooks,  keys,
    27  documentation  of  health  insurance, other identification documentation
    28  and other personal effects;
    29    (g-5) to prohibit the respondent  from  transferring,  encumbering  or
    30  otherwise  disposing  of  specified property mutually owned or leased by
    31  the parties;
    32    § 6. Subdivision 1 of section 1056 of the family court act is  amended
    33  by  adding  five  new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5) to
    34  read as follows:
    35    (e-1) to make or to continue to make rent or mortgage  payments  on  a
    36  residence  occupied  by the person who is protected by such order if the
    37  respondent is found to have a duty to support the  petitioner  or  other
    38  dependent  household  members  provided  that  this  issue  has not been
    39  resolved or is not  being  litigated  between  the  parties  in  another
    40  action;
    41    (e-2)  to  pay the petitioner's rent or fees for housing services at a
    42  residence other than the one previously shared by  the  parties  if  the
    43  respondent  is  found  to  have a duty to support the petitioner and the
    44  petitioner requires alternative housing due to the incident or incidents
    45  forming the basis for the issuance of the order;
    46    (e-3) to pay monetary compensation for losses arising from  the  inci-
    47  dent  or incidents forming the basis for the issuance of the order; such
    48  order may require the respondent to  pay  the  petitioner  directly,  to
    49  reimburse  the  crime  victims  board  for any and all compensation paid
    50  directly to or on behalf of the petitioner, and  may  require  that  the
    51  respondent reimburse any parties that may have compensated the petition-
    52  er,  as  the court may determine. Compensatory losses shall include, but
    53  shall not be limited to, loss of earnings or other support, out-of-pock-
    54  et losses for injuries sustained, cost of repair or replacement of  real
    55  or personal property damaged, destroyed or taken, cost of counseling for
    56  the petitioner and/or dependent household member, moving or other travel

        A. 2082                             5
     1  expenses,  reasonable attorney's fees, court costs, and compensation for
     2  pain and suffering;
     3    (e-4)  to  grant possession of specified personal property which shall
     4  include but shall not  be  limited  to  automobiles,  checkbooks,  keys,
     5  documentation  of  health  insurance, other identification documentation
     6  and other personal effects;
     7    (e-5) to prohibit the respondent  from  transferring,  encumbering  or
     8  otherwise  disposing  of  specified property mutually owned or leased by
     9  the parties;
    10    § 7. The family court act is amended by adding a new section 842-b  to
    11  read as follows:
    12    § 842-b. Order on consent. The court may, prior to issuing an order of
    13  protection  on  consent  of the parties without a finding of wrongdoing,
    14  impose an order on consent of such parties which contains such terms and
    15  conditions as are authorized under section eight  hundred  forty-two  of
    16  this part.
    17    §  8.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law.
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