Bill Text: NY A06896 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A06896 Detail]

Download: New_York-2015-A06896-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6896
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 10, 2015
                                      ___________
       Introduced by M. of A. WALKER -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend the executive law, in relation to victims of domestic
         violence
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 577 to
    2  read as follows:
    3    S  577.  VIOLENT  FELON  REMOVED  FROM  DEED  WITH  VICTIM. 1. FOR THE
    4  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
    5  MEANINGS:
    6    (A)  "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH IN
    7  SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW;
    8    (B) "VICTIM OF DOMESTIC VIOLENCE" SHALL  MEAN  ANY  PERSON  WHO  IS  A
    9  VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND
   10    (I)  SUCH  ACT  OR  ACTS HAVE RESULTED IN ACTUAL PHYSICAL OR EMOTIONAL
   11  INJURY OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL  HARM
   12  TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
   13    (II)  SUCH  ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A
   14  FAMILY OR HOUSEHOLD MEMBER.
   15    2. ANY VICTIM OF DOMESTIC VIOLENCE WHO HOLDS TITLE  TO  REAL  PROPERTY
   16  WITH  THE  PERSON  WHO WAS CONVICTED OF THE VIOLENT FELONY OFFENSE WHICH
   17  CONSTITUTED THE DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY  TO  THE
   18  COUNTY  CLERK  IN  THE  COUNTY IN WHICH SUCH REAL PROPERTY IS LOCATED TO
   19  REMOVE THE NAME OF SUCH VIOLENT FELONY OFFENDER FROM THE  DEED  OF  SUCH
   20  REAL  PROPERTY.  APPLICATION  SHALL  BE  MADE IN A MANNER AND FORM TO BE
   21  DETERMINED BY SUCH COUNTY CLERK.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07002-01-5