Bill Text: NY A01882 | 2021-2022 | General Assembly | Introduced
Bill Title: Expands upon conditions which may be included in an order of protection issued for victims of domestic violence and makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A01882 Detail]
Download: New_York-2021-A01882-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1882 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 530.12 of the criminal procedure 2 law is amended by adding five new paragraphs (c), (c-1), (c-2), (c-3) 3 and (c-4) to read as follows: 4 (c) to make or to continue to make rent or mortgage payments on a 5 residence occupied by the person who is protected by such order if the 6 respondent is found to have a duty to support the petitioner or other 7 dependent household members provided that this issue has not been 8 resolved or is not being litigated between the parties in another 9 action; 10 (c-1) to pay the petitioner's rent or fees for housing services at a 11 residence other than the one previously shared by the parties if the 12 respondent is found to have a duty to support the petitioner and the 13 petitioner requires alternative housing due to the incident or incidents 14 forming the basis for the issuance of the order; 15 (c-2) to pay monetary compensation for losses arising from the inci- 16 dent or incidents forming the basis for the issuance of the order; such 17 order may require the respondent to pay the petitioner directly, to 18 reimburse the crime victims board for any and all compensation paid 19 directly to or on behalf of the petitioner, and may require that the 20 respondent reimburse any parties that may have compensated the petition- 21 er, as the court may determine. Compensatory losses shall include, but 22 shall not be limited to, loss of earnings or other support, out-of-pock- 23 et losses for injuries sustained, cost of repair or replacement of real 24 or personal property damaged, destroyed or taken, cost of counseling for 25 the petitioner and/or dependent household member, moving or other travel EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00082-01-1A. 1882 2 1 expenses, reasonable attorney's fees, court costs, and compensation for 2 pain and suffering; 3 (c-3) to grant possession of specified personal property which shall 4 include but shall not be limited to automobiles, checkbooks, keys, 5 documentation of health insurance, other identification documentation 6 and other personal effects; 7 (c-4) to prohibit the respondent from transferring, encumbering or 8 otherwise disposing of specified property mutually owned or leased by 9 the parties; 10 § 2. Subdivision 5 of section 530.12 of the criminal procedure law is 11 amended by adding five new paragraphs (b-1), (b-2), (b-3), (b-4) and 12 (b-5) to read as follows: 13 (b-1) to make or to continue to make rent or mortgage payments on a 14 residence occupied by the person who is protected by such order if the 15 respondent is found to have a duty to support the petitioner or other 16 dependent household members provided that this issue has not been 17 resolved or is not being litigated between the parties in another 18 action; 19 (b-2) to pay the petitioner's rent or fees for housing services at a 20 residence other than the one previously shared by the parties if the 21 respondent is found to have a duty to support the petitioner and the 22 petitioner requires alternative housing due to the incident or incidents 23 forming the basis for the issuance of the order; 24 (b-3) to pay monetary compensation for losses arising from the inci- 25 dent or incidents forming the basis for the issuance of the order; such 26 order may require the respondent to pay the petitioner directly, to 27 reimburse the crime victims board for any and all compensation paid 28 directly to or on behalf of the petitioner, and may require that the 29 respondent reimburse any parties that may have compensated the petition- 30 er, as the court may determine. Compensatory losses shall include, but 31 shall not be limited to, loss of earnings or other support, out-of-pock- 32 et losses for injuries sustained, cost of repair or replacement of real 33 or personal property damaged, destroyed or taken, cost of counseling for 34 the petitioner and/or dependent household member, moving or other travel 35 expenses, reasonable attorney's fees, court costs, and compensation for 36 pain and suffering; 37 (b-4) to grant possession of specified personal property which shall 38 include but shall not be limited to automobiles, checkbooks, keys, 39 documentation of health insurance, other identification documentation 40 and other personal effects; 41 (b-5) to prohibit the respondent from transferring, encumbering or 42 otherwise disposing of specified property mutually owned or leased by 43 the parties; 44 § 3. Section 446 of the family court act is amended by adding five new 45 subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) to read as follows: 46 (f-1) to make or to continue to make rent or mortgage payments on a 47 residence occupied by the person who is protected by such order if the 48 respondent is found to have a duty to support the petitioner or other 49 dependent household members provided that this issue has not been 50 resolved or is not being litigated between the parties in another 51 action; 52 (f-2) to pay the petitioner's rent or fees for housing services at a 53 residence other than the one previously shared by the parties if the 54 respondent is found to have a duty to support the petitioner and the 55 petitioner requires alternative housing due to the incident or incidents 56 forming the basis for the issuance of the order;A. 1882 3 1 (f-3) to pay monetary compensation for losses arising from the inci- 2 dent or incidents forming the basis for the issuance of the order; such 3 order may require the respondent to pay the petitioner directly, to 4 reimburse the crime victims board for any and all compensation paid 5 directly to or on behalf of the petitioner, and may require that the 6 respondent reimburse any parties that may have compensated the petition- 7 er, as the court may determine. Compensatory losses shall include, but 8 shall not be limited to, loss of earnings or other support, out-of-pock- 9 et losses for injuries sustained, cost of repair or replacement of real 10 or personal property damaged, destroyed or taken, cost of counseling for 11 the petitioner and/or dependent household member, moving or other travel 12 expenses, reasonable attorney's fees, court costs, and compensation for 13 pain and suffering; 14 (f-4) to grant possession of specified personal property which shall 15 include but shall not be limited to automobiles, checkbooks, keys, 16 documentation of health insurance, other identification documentation 17 and other personal effects; 18 (f-5) to prohibit the respondent from transferring, encumbering or 19 otherwise disposing of specified property mutually owned or leased by 20 the parties; 21 § 4. Section 656 of the family court act is amended by adding five new 22 subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows: 23 (g-1) to make or to continue to make rent or mortgage payments on a 24 residence occupied by the person who is protected by such order if the 25 respondent is found to have a duty to support the petitioner or other 26 dependent household members provided that this issue has not been 27 resolved or is not being litigated between the parties in another 28 action; 29 (g-2) to pay the petitioner's rent or fees for housing services at a 30 residence other than the one previously shared by the parties if the 31 respondent is found to have a duty to support the petitioner and the 32 petitioner requires alternative housing due to the incident or incidents 33 forming the basis for the issuance of the order; 34 (g-3) to pay monetary compensation for losses arising from the inci- 35 dent or incidents forming the basis for the issuance of the order; such 36 order may require the respondent to pay the petitioner directly, to 37 reimburse the crime victims board for any and all compensation paid 38 directly to or on behalf of the petitioner, and may require that the 39 respondent reimburse any parties that may have compensated the petition- 40 er, as the court may determine. Compensatory losses shall include, but 41 shall not be limited to, loss of earnings or other support, out-of-pock- 42 et losses for injuries sustained, cost of repair or replacement of real 43 or personal property damaged, destroyed or taken, cost of counseling for 44 the petitioner and/or dependent household member, moving or other travel 45 expenses, reasonable attorney's fees, court costs, and compensation for 46 pain and suffering; 47 (g-4) to grant possession of specified personal property which shall 48 include but shall not be limited to automobiles, checkbooks, keys, 49 documentation of health insurance, other identification documentation 50 and other personal effects; 51 (g-5) to prohibit the respondent from transferring, encumbering or 52 otherwise disposing of specified property mutually owned or leased by 53 the parties; 54 § 5. Section 842 of the family court act is amended by adding five new 55 subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:A. 1882 4 1 (g-1) to make or to continue to make rent or mortgage payments on a 2 residence occupied by the person who is protected by such order if the 3 respondent is found to have a duty to support the petitioner or other 4 dependent household members provided that this issue has not been 5 resolved or is not being litigated between the parties in another 6 action; 7 (g-2) to pay the petitioner's rent or fees for housing services at a 8 residence other than the one previously shared by the parties if the 9 respondent is found to have a duty to support the petitioner and the 10 petitioner requires alternative housing due to the incident or incidents 11 forming the basis for the issuance of the order; 12 (g-3) to pay monetary compensation for losses arising from the inci- 13 dent or incidents forming the basis for the issuance of the order; such 14 order may require the respondent to pay the petitioner directly, to 15 reimburse the crime victims board for any and all compensation paid 16 directly to or on behalf of the petitioner, and may require that the 17 respondent reimburse any parties that may have compensated the petition- 18 er, as the court may determine. Compensatory losses shall include, but 19 shall not be limited to, loss of earnings or other support, out-of-pock- 20 et losses for injuries sustained, cost of repair or replacement of real 21 or personal property damaged, destroyed or taken, cost of counseling for 22 the petitioner and/or dependent household member, moving or other travel 23 expenses, reasonable attorney's fees, court costs, and compensation for 24 pain and suffering; 25 (g-4) to grant possession of specified personal property which shall 26 include but shall not be limited to automobiles, checkbooks, keys, 27 documentation of health insurance, other identification documentation 28 and other personal effects; 29 (g-5) to prohibit the respondent from transferring, encumbering or 30 otherwise disposing of specified property mutually owned or leased by 31 the parties; 32 § 6. Subdivision 1 of section 1056 of the family court act is amended 33 by adding five new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5) to 34 read as follows: 35 (e-1) to make or to continue to make rent or mortgage payments on a 36 residence occupied by the person who is protected by such order if the 37 respondent is found to have a duty to support the petitioner or other 38 dependent household members provided that this issue has not been 39 resolved or is not being litigated between the parties in another 40 action; 41 (e-2) to pay the petitioner's rent or fees for housing services at a 42 residence other than the one previously shared by the parties if the 43 respondent is found to have a duty to support the petitioner and the 44 petitioner requires alternative housing due to the incident or incidents 45 forming the basis for the issuance of the order; 46 (e-3) to pay monetary compensation for losses arising from the inci- 47 dent or incidents forming the basis for the issuance of the order; such 48 order may require the respondent to pay the petitioner directly, to 49 reimburse the crime victims board for any and all compensation paid 50 directly to or on behalf of the petitioner, and may require that the 51 respondent reimburse any parties that may have compensated the petition- 52 er, as the court may determine. Compensatory losses shall include, but 53 shall not be limited to, loss of earnings or other support, out-of-pock- 54 et losses for injuries sustained, cost of repair or replacement of real 55 or personal property damaged, destroyed or taken, cost of counseling for 56 the petitioner and/or dependent household member, moving or other travelA. 1882 5 1 expenses, reasonable attorney's fees, court costs, and compensation for 2 pain and suffering; 3 (e-4) to grant possession of specified personal property which shall 4 include but shall not be limited to automobiles, checkbooks, keys, 5 documentation of health insurance, other identification documentation 6 and other personal effects; 7 (e-5) to prohibit the respondent from transferring, encumbering or 8 otherwise disposing of specified property mutually owned or leased by 9 the parties; 10 § 7. The family court act is amended by adding a new section 842-b to 11 read as follows: 12 § 842-b. Order on consent. The court may, prior to issuing an order of 13 protection on consent of the parties without a finding of wrongdoing, 14 impose an order on consent of such parties which contains such terms and 15 conditions as are authorized under section eight hundred forty-two of 16 this part. 17 § 8. This act shall take effect on the sixtieth day after it shall 18 have become a law.
