Bill Text: NY A10094 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-10 - referred to codes [A10094 Detail]

Download: New_York-2015-A10094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10094
                   IN ASSEMBLY
                                      May 10, 2016
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Codes
        AN ACT to amend the criminal procedure law and the family court act,  in
          relation to notification of service of ex parte orders of protection
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 530.13-a to read as follows:
     3  § 530.13-a Notification of service of ex parte order of protection.
     4    1. A complainant who is granted an ex parte order of protection by the
     5  court  and  a  complainant  who  requests  that  an  ex  parte  order of
     6  protection be granted by the court, who wishes to be notified when an ex
     7  parte order of protection is served  on  the  person  against  whom  the
     8  complaint  is  made, shall notify the court clerk of the manner in which
     9  he or she wishes to be notified. Notification by mail, telephone, e-mail
    10  or other means of electronic communication shall be used by  the  court,
    11  if  requested,  and if the court has the equipment to make such communi-
    12  cation.  The court shall inform all complainants who are granted  an  ex
    13  parte  order  of  protection  and  who  request  an  ex  parte  order of
    14  protection of their right to be notified when the order of protection is
    15  served.
    16    2. Notwithstanding any other provision of law  to  the  contrary,  any
    17  police  officer,  peace  officer  or other person who serves an ex parte
    18  order of protection on a person against whom a complaint has  been  made
    19  shall  immediately  notify  the clerk of the court which made said order
    20  that the service has been made. After notification to the clerk  of  the
    21  court  that service of an ex parte order of protection has been made, or
    22  upon service of such order by a court employee  upon  a  person  against
    23  whom a complaint has been made, the clerk of the court which issued such
    24  order  shall notify the complainant immediately, in the manner specified
    25  by the complainant, that such service has been made.
    26    § 2. The family court act is amended by adding a new section 153-d  to
    27  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01290-01-5
        A. 10094                            2
     1    §  153-d. Notification of service of ex parte order of protection.  1.
     2  A complainant who is granted an ex parte  order  of  protection  by  the
     3  court  and  a  complainant  who  requests  that  an  ex  parte  order of
     4  protection be granted by the court, who wishes to be notified when an ex
     5  parte  order  of  protection  is  served  on the person against whom the
     6  complaint is made, shall notify the court clerk of the manner  in  which
     7  he or she wishes to be notified. Notification by mail, telephone, e-mail
     8  or  other  means of electronic communication shall be used by the court,
     9  if requested, and if the court has the equipment to make  such  communi-
    10  cation.    The court shall inform all complainants who are granted an ex
    11  parte order  of  protection  and  who  request  an  ex  parte  order  of
    12  protection of their right to be notified when the order of protection is
    13  served.
    14    2.    Notwithstanding  any other provision of law to the contrary, any
    15  police officer, peace officer or other person who  serves  an  ex  parte
    16  order  of  protection on a person against whom a complaint has been made
    17  shall immediately notify the clerk of the court which  made  said  order
    18  that  the  service has been made. After notification to the clerk of the
    19  court that service of an ex parte order of protection has been made,  or
    20  upon  service  of  such  order by a court employee upon a person against
    21  whom a complaint has been made, the clerk of the court which issued such
    22  order shall notify the complainant immediately, in the manner  specified
    23  by the complainant, that such service has been made.
    24    §  3.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.