Bill Text: NY S01243 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2019-08-08 - signed chap.152 [S01243 Detail]

Download: New_York-2019-S01243-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1243--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sens.  CARLUCCI, COMRIE, GOUNARDES, RIVERA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Crime Victims, Crime and Correction -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the executive law,  in  relation  to  the  reporting  of
          domestic incidents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 646 of the executive law, as amended by chapter 346
     2  of the laws of 2007, is amended by adding a new subdivision 3 to read as
     3  follows:
     4    3. (a) An individual who has been the victim of a  family  offense  as
     5  defined  in  subdivision one of section 530.11 of the criminal procedure
     6  law or section eight hundred twelve of the family court act may  make  a
     7  complaint to any local law enforcement agency in the state regardless of
     8  where the act took place. Such local law enforcement agency shall take a
     9  police  report  of  the matter, as well as a domestic incident report as
    10  defined in subdivision fifteen of section eight hundred thirty-seven  of
    11  this  chapter.    The  complainant shall be provided with a copy of such
    12  report free of charge. A copy of the police report and domestic incident
    13  report shall be forwarded within seventy-two hours to the  law  enforce-
    14  ment  agency  with  jurisdiction over the location where the incident is
    15  reported to occur for the purposes of further investigation.
    16    (b)(i) A local law enforcement officer who has taken a report pursuant
    17  to paragraph (a) of this subdivision and is required  to  testify  in  a
    18  legal proceeding regarding such report, may give such testimony by elec-
    19  tronic appearance.
    20    (ii)  A  local law enforcement officer who seeks to make an electronic
    21  appearance shall file a petition with  the  court  in  advance  of  such
    22  appearance  and  may  do so by electronic means. Such petition shall set
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06560-04-9
        S. 1243--A                          2
     1  forth the circumstances in which traveling  to  or  appearing  in    the
     2  courthouse  would constitute an undue hardship. The court shall issue an
     3  order granting or denying an electronic appearance including  the  basis
     4  for such determination.
     5    (iii)  Appearances  taken  through the use of an electronic appearance
     6  under this section shall be recorded and  preserved  for  transcription.
     7  Documentary  evidence,  if any, referred to by a party or witness or the
     8  court may be transmitted and  submitted  and  introduced  by  electronic
     9  means.
    10    (c) As used in this subdivision:
    11    (i) "Electronic means" means any method of transmission of information
    12  between  computers or other machines designed for the purpose of sending
    13  and  receiving  such  transmissions,  and  which allows the recipient to
    14  reproduce  the  information  transmitted  in  a   tangible   medium   of
    15  expression.
    16    (ii)  "Independent audio-visual system" means an electronic system for
    17  the transmission and receiving of audio and visual signals, encompassing
    18  encoded signals, frequency domain multiplexing or other  suitable  means
    19  to  preclude  the  unauthorized reception and decoding of the signals by
    20  commercially available  television  receivers,  channel  converters,  or
    21  other available receiving devices.
    22    (iii) "Electronic appearance" means an appearance in which one or more
    23  of  the parties  are not present in the court, but in which, by means of
    24  an independent audio-visual system, all of the participants  are  simul-
    25  taneously able to see and hear reproductions of the voices and images of
    26  the judge, counsel, parties, witnesses, if any and other participants.
    27    §  2.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law.