Bill Text: NY S05049 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the protection of victims of domestic violence act, which requires defendants to wear global positioning systems monitoring the location of the defendant.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05049 Detail]
Download: New_York-2021-S05049-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5049 2021-2022 Regular Sessions IN SENATE February 22, 2021 ___________ Introduced by Sens. PARKER, HOYLMAN, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to establishing the "protection of victims of domestic violence act" 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 article 22-A 2 to read as follows: 3 ARTICLE 22-A 4 PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE 5 Section 636. Short title. 6 637. Conditions for releasing defendants to protective condi- 7 tions. 8 § 636. Short title. This article shall be known and may be cited as 9 the "protection of victims of domestic violence act". 10 § 637. Conditions for releasing defendants to protective conditions. 11 1. A judge may release under this section a defendant subject to condi- 12 tions reasonably necessary for the protection of one or more named 13 persons. If a judge releases under this section a defendant subject to 14 protective conditions, the judge shall make a finding of the need for 15 protective conditions and inform the defendant on the record, either 16 orally or by a writing that is personally delivered to the defendant, of 17 the specific conditions imposed and that if the defendant violates a 18 condition of release, he or she will be subject to arrest without a 19 warrant and may have his or her bail forfeited or revoked and new condi- 20 tions of release imposed, in addition to any other penalties that may be 21 imposed if the defendant is found in contempt of court. 22 2. An order or amended order issued under subdivision one of this 23 section shall contain all of the following: 24 (a) A statement of the defendant's full name. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06718-01-1S. 5049 2 1 (b) A statement of the defendant's height, weight, race, sex, date of 2 birth, hair color, eye color, and any other identifying information the 3 judge considers appropriate. 4 (c) A statement of the date the conditions become effective. 5 (d) A statement of the date on which the order will expire. 6 (e) A statement of the conditions imposed. 7 3. An order or amended order issued under this subdivision and subdi- 8 vision one of this section may impose a condition that the defendant not 9 purchase or possess a firearm. However, if the court orders the defend- 10 ant to carry or wear a global positioning system device as a condition 11 of release as described in subdivision six of this section, the court 12 shall also impose a condition that the defendant not purchase or possess 13 a firearm. 14 4. The judge shall immediately direct a law enforcement agency within 15 the jurisdiction of the court, in writing, to enter an order or amended 16 order issued under subdivision one of this section or subdivisions one 17 and three of this section into the computer system to carry information 18 of orders of protection and warrants of arrest as provided by section 19 two hundred twenty-one-a of this chapter. If the order or amended order 20 is rescinded, the judge shall immediately order the law enforcement 21 agency to remove the order or amended order from the computer system to 22 carry information of orders of protection and warrants of arrest. 23 5. A law enforcement agency within the jurisdiction of the court shall 24 immediately enter an order or amended order into the computer system to 25 carry information of orders of protection and warrants of arrest as 26 provided by section two hundred twenty-one-a of this chapter, or shall 27 remove the order or amended order from the computer system to carry 28 information of orders of protection and warrants of arrest upon expira- 29 tion of the order or as directed by the court under subdivision four of 30 this section. 31 6. If a defendant who is charged with a crime involving domestic 32 violence is released under this section, the judge may order the defend- 33 ant to carry or wear a global positioning system device as a condition 34 of release. With the informed consent of the victim, the court may also 35 order the defendant to provide the victim of the charged crime with an 36 electronic receptor device capable of receiving the global positioning 37 system information from the device carried or worn by the defendant that 38 notifies the victim if the defendant is located within a proximity to 39 the victim as determined by the judge in consultation with the victim. 40 The victim shall also be furnished with a telephone contact with the 41 local law enforcement agency to request immediate assistance if the 42 defendant is located within that proximity to the victim. In addition, 43 the victim may provide the court with a list of areas from which he or 44 she would like the defendant excluded. The court shall consider the 45 victim's request and shall determine which areas the defendant shall be 46 prohibited from accessing. The court shall instruct the global position- 47 ing system to notify the proper authorities if the defendant violates 48 the order. In determining whether to order a defendant to participate in 49 global positioning system monitoring, the court shall consider the like- 50 lihood that the defendant's participation in global positioning system 51 monitoring will deter the defendant from seeking to kill, physically 52 injure, stalk, or otherwise threaten the victim prior to trial. The 53 victim may request the court to terminate the victim's participation in 54 global positioning system monitoring of the defendant at any time. The 55 court shall not impose sanctions on the victim for refusing to partic- 56 ipate in global positioning system monitoring under this section. AS. 5049 3 1 defendant described in this section shall only be released under this 2 section if he or she agrees to pay the cost of the device and any moni- 3 toring of the device as a condition of release or to perform community 4 service work in lieu of paying that cost. As used in this section: 5 (a) "Domestic violence" means an act which would constitute a family 6 offense pursuant to subdivision one of section eight hundred twelve of 7 the family court act. 8 (b) "Global positioning system" means a system that electronically 9 determines and reports the location of an individual by means of an 10 ankle bracelet transmitter or similar device worn by the individual that 11 transmits latitude and longitude data to monitoring authorities through 12 global positioning satellite technology but does not contain or operate 13 any global positioning system technology or radio frequency identifica- 14 tion technology or similar technology that is implanted in or otherwise 15 invades or violates the corporeal body of the individual. 16 (c) "Informed consent" means that the victim was given information 17 concerning all of the following before consenting to participate in 18 global positioning system monitoring: 19 (1) The victim's right to refuse to participate in global positioning 20 system monitoring and the process for requesting the court to terminate 21 the victim's participation after it has been ordered. 22 (2) The manner in which the global positioning system monitoring tech- 23 nology functions and the risks and limitations of that technology, and 24 the extent to which the system will track and record the victim's 25 location and movements. 26 (3) The boundaries imposed on the defendant during the global posi- 27 tioning system monitoring. 28 (4) Sanctions that the court may impose on the defendant for violating 29 an order issued under this subdivision. 30 (5) The procedure that the victim is to follow if the defendant 31 violates an order issued under this subdivision or if global positioning 32 system equipment fails. 33 (6) Identification of support services available to assist the victim 34 to develop a safety plan to use if the court's order issued under this 35 subdivision is violated or if global positioning system equipment fails. 36 (7) Identification of community services available to assist the 37 victim in obtaining shelter, counseling, education, child care, legal 38 representation, and other help in addressing the consequences and 39 effects of domestic violence. 40 (8) The nonconfidential nature of the victim's communications with the 41 court concerning global positioning system monitoring and the 42 restrictions to be imposed upon the defendant's movements. 43 7. This section does not limit the authority of judges to impose 44 protective or other release conditions under other applicable statutes 45 or court rules. 46 § 2. This act shall take effect on the one hundred eightieth day after 47 it shall have become a law.
