Bill Text: NY A06859 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to notification of release in family offense procedures.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Introduced - Dead) 2014-06-30 - enacting clause stricken [A06859 Detail]

Download: New_York-2013-A06859-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6859
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced  by  M. of A. ROSA -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the family court act and the criminal procedure law,  in
         relation  to  notification  of  release in family offense notification
         procedures
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The family court act is amended by adding a new section 829
    2  to read as follows:
    3    S  829.  NOTIFICATION OF RELEASE. UPON THE RELEASE OF A PERSON ACCUSED
    4  OF COMMITTING A FAMILY OFFENSE FROM CUSTODY, THE COURT SHALL NOTIFY  THE
    5  VICTIM  OR  PETITIONER  OF SUCH RELEASE WITHIN SEVENTY-TWO HOURS. NOTICE
    6  SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
    7    1. BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
    8    2. BY  DELIVERING  NOTIFICATION  TO  A  PERSON  OF  SUITABLE  AGE  AND
    9  DISCRETION  AT  THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM
   10  OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
   11  HIS OR HER LAST KNOWN  RESIDENCE  IN  AN  ENVELOPE  BEARING  THE  LEGEND
   12  "PERSONAL  AND  CONFIDENTIAL" AND NOT INDICATING ON THE OUTSIDE THEREOF,
   13  BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
   14  OR CONCERNS AND ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
   15    3. WHERE NOTIFICATION UNDER SUBDIVISIONS ONE AND TWO OF  THIS  SECTION
   16  CANNOT  BE  MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION TO THE
   17  DOOR OF THE DWELLING PLACE OR USUAL PLACE OF  ABODE  OF  THE  VICTIM  OR
   18  PETITIONER  AND  BY  EITHER  MAILING  THE NOTIFICATION TO SUCH VICTIM OR
   19  PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
   20  LEGEND "PERSONAL AND CONFIDENTIAL" AND NOT  INDICATING  ON  THE  OUTSIDE
   21  THEREOF,  BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM
   22  THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
   23  PARTY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10391-01-3
       A. 6859                             2
    1    4. BY TELEPHONE OR OVERNIGHT MAIL IF THE COURT DETERMINES THAT NOTIFI-
    2  CATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
    3    5.  IN  SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF SERVICE
    4  IS IMPRACTICABLE UNDER SUBDIVISIONS ONE, TWO, THREE  AND  FOUR  OF  THIS
    5  SECTION.
    6    S 2. Section 530.12 of the criminal procedure law is amended by adding
    7  a new subdivision 16 to read as follows:
    8    16.    UPON  RELEASING  FROM CUSTODY A DEFENDANT CHARGED WITH A FAMILY
    9  OFFENSE, AS DEFINED IN SECTION 530.11 OF THIS ARTICLE OR WITH ANY  OTHER
   10  CRIME  SUBJECT  TO  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION,
   11  THE COURT SHALL NOTIFY THE VICTIM OR PETITIONER OF SUCH  RELEASE  WITHIN
   12  SEVENTY-TWO HOURS. NOTICE SHALL BE MADE BY ANY OF THE FOLLOWING METHODS:
   13    (A) BY DELIVERING NOTIFICATION TO THE VICTIM OR PETITIONER;
   14    (B)  BY  DELIVERING  NOTIFICATION  TO  A  PERSON  OF  SUITABLE AGE AND
   15  DISCRETION AT THE DWELLING PLACE OR USUAL PLACE OF ABODE OF  THE  VICTIM
   16  OR PETITIONER AND BY MAILING NOTIFICATION TO THE VICTIM OR PETITIONER AT
   17  HIS  OR  HER  LAST  KNOWN  RESIDENCE  IN  AN ENVELOPE BEARING THE LEGEND
   18  "PERSONAL AND CONFIDENTIAL" AND NOT INDICATING ON THE  OUTSIDE  THEREOF,
   19  BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS FROM THE COURT
   20  OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A PARTY;
   21    (C)  WHERE  NOTIFICATION UNDER PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
   22  SION CANNOT BE MADE WITH DUE DILIGENCE, BY AFFIXING THE NOTIFICATION  TO
   23  THE  DOOR OF THE DWELLING PLACE OR USUAL PLACE OF ABODE OF THE VICTIM OR
   24  PETITIONER AND BY EITHER MAILING THE  NOTIFICATION  TO  SUCH  VICTIM  OR
   25  PETITIONER AT HIS OR HER LAST KNOWN RESIDENCE IN AN ENVELOPE BEARING THE
   26  LEGEND  "PERSONAL  AND  CONFIDENTIAL"  AND NOT INDICATING ON THE OUTSIDE
   27  THEREOF, BY RETURN ADDRESS OR OTHERWISE, THAT THE COMMUNICATION IS  FROM
   28  THE COURT OR CONCERNS AN ACTION FOR WHICH THE VICTIM OR PETITIONER WAS A
   29  PARTY;
   30    (D)  BY  TELEPHONE  OR  OVERNIGHT  MAIL  IF  THE COURT DETERMINES THAT
   31  NOTIFICATION IS NECESSARY TO PROTECT THE VICTIM OR PETITIONER; OR
   32    (E) IN SUCH MANNER AS THE COURT WITH JURISDICTION DIRECTS, IF  SERVICE
   33  IS IMPRACTICABLE UNDER PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVI-
   34  SION.
   35    S 3. This act shall take effect on the one hundred eightieth day after
   36  it  shall  have  become  a law; provided, that effective immediately the
   37  addition, amendment and/or repeal of any rule  or  regulation  necessary
   38  for  the implementation of this act on its effective date are authorized
   39  and directed to be made and completed on or before such effective date.