Bill Text: NY A05921 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to notification of rights of victims of domestic violence in criminal and family court proceedings.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2018-05-08 - REFERRED TO CODES [A05921 Detail]
Download: New_York-2017-A05921-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5921 2017-2018 Regular Sessions IN ASSEMBLY February 17, 2017 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary AN ACT to amend the family court act and the criminal procedure law, in relation to notification of rights of victims of domestic violence in criminal and family court proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 812 of the family court act, as 2 amended by chapter 224 of the laws of 1994, is amended to read as 3 follows: 4 5. Notice. Every police officer, peace officer or district attorney 5 investigating a family offense under this article shall advise the 6 victim of the availability of a shelter or other services in the commu- 7 nity, and shall immediately give the victim written notice of the legal 8 rights and remedies available to a victim of a family offense under the 9 relevant provisions of this act and the criminal procedure law[, the10family court act and the domestic relations law]. Such notice shall be 11 available, at minimum, in plain English [and], Spanish, Chinese and 12 Russian and, if necessary, shall be delivered orally and shall include 13 but not be limited to the information contained in the following state- 14 ment: 15 ["If you are the victim of domestic violence, you may request that the16officer assist in providing for your safety and that of your children,17including providing information on how to obtain a temporary order of18protection. You may also request that the officer assist you in obtain-19ing your essential personal effects and locating and taking you, or20assist in making arrangement to take you, and your children to a safe21place within such officer's jurisdiction, including but not limited to a22domestic violence program, a family member's or a friend's residence, or23a similar place of safety. When the officer's jurisdiction is more thanEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06511-01-7A. 5921 2 1a single county, you may ask the officer to take you or make arrange-2ments to take you and your children to a place of safety in the county3where the incident occurred. If you or your children are in need of4medical treatment, you have the right to request that the officer assist5you in obtaining such medical treatment. You may request a copy of any6incident reports at no cost from the law enforcement agency. You have7the right to seek legal counsel of your own choosing and if you proceed8in family court and if it is determined that you cannot afford an attor-9ney, one must be appointed to represent you without cost to you.10You may ask the district attorney or a law enforcement officer to file11a criminal complaint. You also have the right to file a petition in the12family court when a family offense has been committed against you. You13have the right to have your petition and request for an order of14protection filed on the same day you appear in court, and such request15must be heard that same day or the next day court is in session. Either16court may issue an order of protection from conduct constituting a fami-17ly offense which could include, among other provisions, an order for the18respondent or defendant to stay away from you and your children. The19family court may also order the payment of temporary child support and20award temporary custody of your children. If the family court is not in21session, you may seek immediate assistance from the criminal court in22obtaining an order of protection.23The forms you need to obtain an order of protection are available from24the family court and the local criminal court (the addresses and tele-25phone numbers shall be listed). The resources available in this communi-26ty for information relating to domestic violence, treatment of injuries,27and places of safety and shelters can be accessed by calling the follow-28ing 800 numbers (the statewide English and Spanish language 800 numbers29shall be listed and space shall be provided for local domestic violence30hotline telephone numbers).31Filing a criminal complaint or a family court petition containing32allegations that are knowingly false is a crime."] "Are you the victim 33 of domestic violence? If you need help now, you can call 911 for the 34 police to come to you. You can also call a domestic violence hotline. 35 You can have a confidential talk with an advocate at the hotline about 36 help you can get in your community including: where you can get treat- 37 ment for injuries, where you can get shelter, where you can get support, 38 and what you can do to be safe. The New York State 24-hour Domestic & 39 Sexual Violence Hotline number is (Insert the statewide multilingual 800 40 number). They can give you information in many languages. If you are 41 deaf or hard of hearing, call 711. This is what the police can do: 42 They can help you and your children find a safe place such as a family 43 or friend's house or a shelter in your community. 44 You can ask the officer to take you or help you and your children get 45 to a safe place in your community. 46 They can help connect you to a local domestic violence program. 47 They can help you get to a hospital or clinic for medical care. 48 They can help you get your personal belongings. 49 They must complete a report discussing the incident. They will give 50 you a copy of this police report before they leave the scene. It is 51 free. 52 They may, and sometimes must, arrest the person who harmed you if you 53 are the victim of a crime. The person arrested could be released at any 54 time, so it is important to plan for your safety. 55 If you have been abused or threatened, this is what you can ask the 56 police or district attorney to do:A. 5921 3 1 File a criminal complaint against the person who harmed you. 2 Ask the criminal court to issue an order of protection for you and 3 your child if the district attorney files a criminal case with the 4 court. 5 Give you information about filing a family offense petition in your 6 local family court. 7 You also have the right to ask the family court for an order of 8 protection for you and your children. 9 This is what you can ask the family court to do: 10 To have your family offense petition filed the same day you go to 11 court. 12 To have your request heard in court the same day you file or the next 13 day court is open. 14 Only a judge can issue an order of protection. The judge does that as 15 part of a criminal or family court case against the person who harmed 16 you. An order of protection in family court or in criminal court can 17 say: 18 That the other person have no contact or communication with you by 19 mail, phone, computer or through other people. 20 That the other person stay away from you and your children, your home, 21 job or school. 22 That the other person not assault, harass, threaten, strangle, or 23 commit another family offense against you or your children. 24 That the other person turn in their firearms and firearms licenses, 25 and not get any more firearms. 26 That you have temporary custody of your children. 27 That the other person pay temporary child support. 28 That the other person not harm your pets or service animals. 29 If the family court is closed because it is night, a weekend, or a 30 holiday, you can go to a criminal court to ask for an order of 31 protection. 32 If you do not speak English or cannot speak it well, you can ask the 33 police, the district attorney, or the criminal or family court to get 34 you an interpreter who speaks your language. The interpreter can help 35 you explain what happened. 36 You can get the forms you need to ask for an order of protection at 37 your local family court (Insert addresses and contact information for 38 courts). You can also get them online: www.NYCourts.gov/forms. 39 You do not need a lawyer to ask for an order of protection. You have a 40 right to get a lawyer in the family court. If the family court finds 41 that you cannot afford to pay for a lawyer, it must get you one for 42 free. 43 If you file a complaint or family court petition, you will be asked to 44 swear to its truthfulness because it is a crime to file a legal document 45 that you know is false." 46 The division of criminal justice services in consultation with the 47 state office for the prevention of domestic violence shall prepare the 48 form of such written notice consistent with the provisions of this 49 section and distribute copies thereof to the appropriate law enforcement 50 officials pursuant to subdivision nine of section eight hundred forty- 51 one of the executive law. Additionally, copies of such notice shall be 52 provided to the chief administrator of the courts to be distributed to 53 victims of family offenses through the family court at such time as such 54 persons first come before the court and to the state department of 55 health for distribution to all hospitals defined under article twenty- 56 eight of the public health law. No cause of action for damages shallA. 5921 4 1 arise in favor of any person by reason of any failure to comply with the 2 provisions of this subdivision except upon a showing of gross negligence 3 or willful misconduct. 4 § 2. Subdivision 6 of section 530.11 of the criminal procedure law, as 5 amended by chapter 224 of the laws of 1994, is amended to read as 6 follows: 7 6. Notice. Every police officer, peace officer or district attorney 8 investigating a family offense under this article shall advise the 9 victim of the availability of a shelter or other services in the commu- 10 nity, and shall immediately give the victim written notice of the legal 11 rights and remedies available to a victim of a family offense under the 12 relevant provisions of [the criminal procedure law,] this chapter and 13 the family court act [and the domestic relations law]. Such notice shall 14 be prepared, at minimum, in plain English, Spanish [and English], 15 Chinese and Russian and if necessary, shall be delivered orally, and 16 shall include but not be limited to the information contained in the 17 following statement: 18 ["If you are the victim of domestic violence, you may request that the19officer assist in providing for your safety and that of your children,20including providing information on how to obtain a temporary order of21protection. You may also request that the officer assist you in obtain-22ing your essential personal effects and locating and taking you, or23assist in making arrangements to take you, and your children to a safe24place within such officer's jurisdiction, including but not limited to a25domestic violence program, a family member's or a friend's residence, or26a similar place of safety. When the officer's jurisdiction is more than27a single county, you may ask the officer to take you or make arrange-28ments to take you and your children to a place of safety in the county29where the incident occurred. If you or your children are in need of30medical treatment, you have the right to request that the officer assist31you in obtaining such medical treatment. You may request a copy of any32incident reports at no cost from the law enforcement agency. You have33the right to seek legal counsel of your own choosing and if you proceed34in family court and if it is determined that you cannot afford an attor-35ney, one must be appointed to represent you without cost to you.36You may ask the district attorney or a law enforcement officer to file37a criminal complaint. You also have the right to file a petition in the38family court when a family offense has been committed against you. You39have the right to have your petition and request for an order of40protection filed on the same day you appear in court, and such request41must be heard that same day or the next day court is in session. Either42court may issue an order of protection from conduct constituting a fami-43ly offense which could include, among other provisions, an order for the44respondent or defendant to stay away from you and your children. The45family court may also order the payment of temporary child support and46award temporary custody of your children. If the family court is not in47session, you may seek immediate assistance from the criminal court in48obtaining an order of protection.49The forms you need to obtain an order of protection are available from50the family court and the local criminal court (the addresses and tele-51phone numbers shall be listed). The resources available in this communi-52ty for information relating to domestic violence, treatment of injuries,53and places of safety and shelters can be accessed by calling the follow-54ing 800 numbers (the statewide English and Spanish language 800 numbers55shall be listed and space shall be provided for local domestic violence56hotline telephone numbers).A. 5921 5 1Filing a criminal complaint or a family court petition containing2allegations that are knowingly false is a crime."] "Are you the victim 3 of domestic violence? If you need help now, you can call 911 for the 4 police to come to you. You can also call a domestic violence hotline. 5 You can have a confidential talk with an advocate at the hotline about 6 help you can get in your community including: where you can get treat- 7 ment for injuries, where you can get shelter, where you can get support, 8 and what you can do to be safe. The New York State 24-hour Domestic & 9 Sexual Violence Hotline number is (Insert the statewide multilingual 800 10 number). They can give you information in many languages. If you are 11 deaf or hard of hearing, call 711. 12 This is what the police can do: 13 They can help you and your children find a safe place such as a family 14 or friend's house or a shelter in your community. 15 You can ask the officer to take you or help you and your children get 16 to a safe place in your community. 17 They can help connect you to a local domestic violence program. 18 They can help you get to a hospital or clinic for medical care. 19 They can help you get your personal belongings. 20 They must complete a report discussing the incident. They will give 21 you a copy of this police report before they leave the scene. It is 22 free. 23 They may, and sometimes must, arrest the person who harmed you if you 24 are the victim of a crime. The person arrested could be released at any 25 time, so it is important to plan for your safety. 26 If you have been abused or threatened, this is what you can ask the 27 police or district attorney to do: 28 File a criminal complaint against the person who harmed you. 29 Ask the criminal court to issue an order of protection for you and 30 your child if the district attorney files a criminal case with the 31 court. 32 Give you information about filing a family offense petition in your 33 local family court. 34 You also have the right to ask the family court for an order of 35 protection for you and your children. 36 This is what you can ask the family court to do: 37 To have your family offense petition filed the same day you go to 38 court. 39 To have your request heard in court the same day you file or the next 40 day court is open. 41 Only a judge can issue an order of protection. The judge does that as 42 part of a criminal or family court case against the person who harmed 43 you. An order of protection in family court or in criminal court can 44 say: 45 That the other person have no contact or communication with you by 46 mail, phone, computer or through other people. 47 That the other person stay away from you and your children, your home, 48 job or school. 49 That the other person not assault, harass, threaten, strangle, or 50 commit another family offense against you or your children. 51 That the other person turn in their firearms and firearms licenses, 52 and not get any more firearms. 53 That you have temporary custody of your children. 54 That the other person pay temporary child support. 55 That the other person not harm your pets or service animals.A. 5921 6 1 If the family court is closed because it is night, a weekend, or a 2 holiday, you can go to a criminal court to ask for an order of 3 protection. 4 If you do not speak English or cannot speak it well, you can ask the 5 police, the district attorney, or the criminal or family court to get 6 you an interpreter who speaks your language. The interpreter can help 7 you explain what happened. 8 You can get the forms you need to ask for an order of protection at 9 your local family court (Insert addresses and contact information for 10 courts). You can also get them online: www.NYCourts.gov/forms. 11 You do not need a lawyer to ask for an order of protection. 12 You have a right to get a lawyer in the family court. If the family 13 court finds that you cannot afford to pay for a lawyer, it must get you 14 one for free. 15 If you file a complaint or family court petition, you will be asked to 16 swear to its truthfulness because it is a crime to file a legal document 17 that you know is false." 18 The division of criminal justice services in consultation with the 19 state office for the prevention of domestic violence shall prepare the 20 form of such written notice consistent with provisions of this section 21 and distribute copies thereof to the appropriate law enforcement offi- 22 cials pursuant to subdivision nine of section eight hundred forty-one of 23 the executive law. 24 Additionally, copies of such notice shall be provided to the chief 25 administrator of the courts to be distributed to victims of family 26 offenses through the criminal court at such time as such persons first 27 come before the court and to the state department of health for distrib- 28 ution to all hospitals defined under article twenty-eight of the public 29 health law. No cause of action for damages shall arise in favor of any 30 person by reason of any failure to comply with the provisions of this 31 subdivision except upon a showing of gross negligence or willful miscon- 32 duct. 33 § 3. This act shall take effect on the ninetieth day after it shall 34 have become a law.