Bill Text: NY A07395 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to notification of rights of victims of domestic violence in criminal and family court proceedings.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2019-06-05 - RETURNED TO ASSEMBLY [A07395 Detail]

Download: New_York-2019-A07395-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7395
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 1, 2019
                                       ___________
        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[, the
    10  family 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 the
    16  officer assist in providing for your safety and that of  your  children,
    17  including  providing  information  on how to obtain a temporary order of
    18  protection. You may also request that the officer assist you in  obtain-
    19  ing  your  essential  personal  effects  and locating and taking you, or
    20  assist in making arrangement to take you, and your children  to  a  safe
    21  place within such officer's jurisdiction, including but not limited to a
    22  domestic violence program, a family member's or a friend's residence, or
    23  a  similar place of safety. When the officer's jurisdiction is more than

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10667-01-9

        A. 7395                             2

     1  a single county, you may ask the officer to take you  or  make  arrange-
     2  ments  to  take you and your children to a place of safety in the county
     3  where the incident occurred. If you or your  children  are  in  need  of
     4  medical treatment, you have the right to request that the officer assist
     5  you  in  obtaining such medical treatment. You may request a copy of any
     6  incident reports at no cost from the law enforcement  agency.  You  have
     7  the  right to seek legal counsel of your own choosing and if you proceed
     8  in family court and if it is determined that you cannot afford an attor-
     9  ney, one must be appointed to represent you without cost to you.
    10    You may ask the district attorney or a law enforcement officer to file
    11  a criminal complaint. You also have the right to file a petition in  the
    12  family  court  when a family offense has been committed against you. You
    13  have the right to have  your  petition  and  request  for  an  order  of
    14  protection  filed  on the same day you appear in court, and such request
    15  must be heard that same day or the next day court is in session.  Either
    16  court may issue an order of protection from conduct constituting a fami-
    17  ly offense which could include, among other provisions, an order for the
    18  respondent  or  defendant  to  stay away from you and your children. The
    19  family court may also order the payment of temporary child  support  and
    20  award  temporary custody of your children. If the family court is not in
    21  session, you may seek immediate assistance from the  criminal  court  in
    22  obtaining an order of protection.
    23    The forms you need to obtain an order of protection are available from
    24  the  family  court and the local criminal court (the addresses and tele-
    25  phone numbers shall be listed). The resources available in this communi-
    26  ty for information relating to domestic violence, treatment of injuries,
    27  and places of safety and shelters can be accessed by calling the follow-
    28  ing 800 numbers (the statewide English and Spanish language 800  numbers
    29  shall  be listed and space shall be provided for local domestic violence
    30  hotline telephone numbers).
    31    Filing a criminal complaint or  a  family  court  petition  containing
    32  allegations  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. 7395                             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.
    40    You have a right to get a lawyer in the family court.  If  the  family
    41  court  finds that you cannot afford to pay for a lawyer, it must get you
    42  one for 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  shall

        A. 7395                             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 the
    19  officer  assist  in providing for your safety and that of your children,
    20  including providing information on how to obtain a  temporary  order  of
    21  protection.  You may also request that the officer assist you in obtain-
    22  ing your essential personal effects and  locating  and  taking  you,  or
    23  assist  in  making arrangements to take you, and your children to a safe
    24  place within such officer's jurisdiction, including but not limited to a
    25  domestic violence program, a family member's or a friend's residence, or
    26  a similar place of safety. When the officer's jurisdiction is more  than
    27  a  single  county,  you may ask the officer to take you or make arrange-
    28  ments to take you and your children to a place of safety in  the  county
    29  where  the  incident  occurred.  If  you or your children are in need of
    30  medical treatment, you have the right to request that the officer assist
    31  you in obtaining such medical treatment. You may request a copy  of  any
    32  incident  reports  at  no cost from the law enforcement agency. You have
    33  the right to seek legal counsel of your own choosing and if you  proceed
    34  in family court and if it is determined that you cannot afford an attor-
    35  ney, one must be appointed to represent you without cost to you.
    36    You may ask the district attorney or a law enforcement officer to file
    37  a  criminal complaint. You also have the right to file a petition in the
    38  family court when a family offense has been committed against  you.  You
    39  have  the  right  to  have  your  petition  and  request for an order of
    40  protection filed on the same day you appear in court, and  such  request
    41  must  be heard that same day or the next day court is in session. Either
    42  court may issue an order of protection from conduct constituting a fami-
    43  ly offense which could include, among other provisions, an order for the
    44  respondent or defendant to stay away from you  and  your  children.  The
    45  family  court  may also order the payment of temporary child support and
    46  award temporary custody of your children. If the family court is not  in
    47  session,  you  may  seek immediate assistance from the criminal court in
    48  obtaining an order of protection.
    49    The forms you need to obtain an order of protection are available from
    50  the family court and the local criminal court (the addresses  and  tele-
    51  phone numbers shall be listed). The resources available in this communi-
    52  ty for information relating to domestic violence, treatment of injuries,
    53  and places of safety and shelters can be accessed by calling the follow-
    54  ing  800 numbers (the statewide English and Spanish language 800 numbers
    55  shall be listed and space shall be provided for local domestic  violence
    56  hotline telephone numbers).

        A. 7395                             5

     1    Filing  a  criminal  complaint  or  a family court petition containing
     2  allegations 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. 7395                             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.
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