Bill Text: NY A03538 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes orders of protection to provide for personal security devices; orders the respondent to cover the costs associated with security devices; provides if the payment of such costs is awarded the appropriate social services district shall be contacted and directed to pay the petitioner for such costs upon submission of proof of purchase.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03538 Detail]

Download: New_York-2023-A03538-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3538--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee

        AN  ACT to amend the criminal procedure law and the family court act, in
          relation to authorizing order of protection to contain  provision  for
          personal security devices

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1 of  section  530.12  of  the
     2  criminal  procedure  law  is amended by adding a new subparagraph 1-a to
     3  read as follows:
     4    (1-a) to pay the fees involved in obtaining  and  maintaining  a  home
     5  security  system,  a  personal  alarm, a cellular telephone or any other
     6  personal protection or security device, provided  however  that  nothing
     7  contained  in  this  subparagraph  shall  diminish or restrict any other
     8  support that may be so ordered. If the court  orders  fees  to  be  paid
     9  pursuant  to  this  subparagraph,  the court shall provide a copy of the
    10  order to the appropriate support  collection  unit  of  the  appropriate
    11  social  services  district with direction to require payment directly to
    12  the petitioner upon submission of a receipt or proof of purchase of  the
    13  personal protection or security device;
    14    §  2. Subdivision 1 of section 530.13 of the criminal procedure law is
    15  amended by adding a new paragraph (a-1) to read as follows:
    16    (a-1) pay the fees involved in obtaining and maintaining a home  secu-
    17  rity  system,  a  personal  alarm,  a  cellular  telephone  or any other
    18  personal protection or security device, provided  however  that  nothing
    19  contained in this paragraph shall diminish or restrict any other support
    20  that  may be so ordered. If the court orders fees to be paid pursuant to
    21  this paragraph, the court shall provide a  copy  of  the  order  to  the
    22  appropriate  support  collection unit of the appropriate social services
    23  district with direction to require payment directly  to  the  petitioner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08177-02-3

        A. 3538--A                          2

     1  upon  submission  of  a  receipt  or  proof  of purchase of the personal
     2  protection or security device;
     3    §  3. Subdivision 4 of section 530.13 of the criminal procedure law is
     4  amended by adding a new paragraph (a-1) to read as follows:
     5    (a-1) pay the fees involved in obtaining and maintaining a home  secu-
     6  rity  system,  a  personal  alarm,  a  cellular  telephone  or any other
     7  personal protection or security device, provided  however  that  nothing
     8  contained in this paragraph shall diminish or restrict any other support
     9  that  may be so ordered. If the court orders fees to be paid pursuant to
    10  this paragraph, the court shall provide a  copy  of  the  order  to  the
    11  appropriate  support  collection unit of the appropriate social services
    12  district with direction to require payment directly  to  the  petitioner
    13  upon  submission  of  a  receipt  or  proof  of purchase of the personal
    14  protection or security device;
    15    § 4. Section 446 of the family court act is amended by  adding  a  new
    16  subdivision (g-1) to read as follows:
    17    (g-1)  to  pay  the  fees involved in obtaining and maintaining a home
    18  security system, a personal alarm, a cellular  telephone  or  any  other
    19  personal  protection  or  security device, provided however that nothing
    20  contained in this subdivision  shall  diminish  or  restrict  any  other
    21  support  that  may  be  so  ordered. If the court orders fees to be paid
    22  pursuant to this subdivision, the court shall  provide  a  copy  of  the
    23  order  to  the  appropriate  support  collection unit of the appropriate
    24  social services district with direction to require payment  directly  to
    25  the  petitioner upon submission of a receipt or proof of purchase of the
    26  personal protection or security device;
    27    § 5. Section 656 of the family court act is amended by  adding  a  new
    28  subdivision (h-1) to read as follows:
    29    (h-1)  to  pay  the  fees involved in obtaining and maintaining a home
    30  security system, a personal alarm, a cellular  telephone  or  any  other
    31  personal  protection  or  security device, provided however that nothing
    32  contained in this subdivision  shall  diminish  or  restrict  any  other
    33  support  that  may  be  so  ordered. If the court orders fees to be paid
    34  pursuant to this subdivision, the court shall  provide  a  copy  of  the
    35  order  to  the  appropriate  support  collection unit of the appropriate
    36  social services district with direction to require payment  directly  to
    37  the  petitioner upon submission of a receipt or proof of purchase of the
    38  personal protection or security device;
    39    § 6.  Section 842 of the family court act is amended by adding  a  new
    40  subdivision (h-1) to read as follows:
    41    (h-1)  to  pay  the  fees involved in obtaining and maintaining a home
    42  security system, a personal alarm, a cellular  telephone  or  any  other
    43  personal  protection  or  security device, provided however that nothing
    44  contained in this subdivision  shall  diminish  or  restrict  any  other
    45  support  that  may  be  so  ordered. If the court orders fees to be paid
    46  pursuant to this subdivision, the court shall  provide  a  copy  of  the
    47  order  to  the  appropriate  support  collection unit of the appropriate
    48  social services district with direction to require payment  directly  to
    49  the  petitioner upon submission of a receipt or proof of purchase of the
    50  personal protection or security device;
    51    § 7.  Subdivision 1 of section 1056 of the family court act is amended
    52  by adding a new paragraph (f-1) to read as follows:
    53    (f-1) to pay the fees involved in obtaining  and  maintaining  a  home
    54  security  system,  a  personal  alarm, a cellular telephone or any other
    55  personal protection or security device, provided  however  that  nothing
    56  contained in this paragraph shall diminish or restrict any other support

        A. 3538--A                          3

     1  that  may be so ordered. If the court orders fees to be paid pursuant to
     2  this paragraph, the court shall provide a  copy  of  the  order  to  the
     3  appropriate  support  collection unit of the appropriate social services
     4  district  with  direction  to require payment directly to the petitioner
     5  upon submission of a receipt  or  proof  of  purchase  of  the  personal
     6  protection or security device;
     7    § 8. This act shall take effect immediately.
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