Bill Text: NY S00976 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes a court issuing a non-family offense temporary order of protection or an order of protection to direct that such order be filed with the computerized registry for orders of protection and warrants, if it is necessary to fulfill the purposes of such order; directs the superintendent of state police to include such orders on computerized registry.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00976 Detail]
Download: New_York-2011-S00976-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
976
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. HASSELL-THOMPSON, DIAZ, KRUEGER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to authorizing a court to file non-family offense temporary
orders of protection and orders of protection with the computerized
registry established for such information
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 530.13 of the criminal procedure
2 law, as amended by chapter 462 of the laws of 2002, is amended to read
3 as follows:
4 5. The court shall inquire as to the existence of any other orders of
5 protection between the defendant and the person or persons for whom the
6 order of protection is sought. An order of protection issued under this
7 section shall plainly state the date that such order expires. Orders of
8 protection issued to protect victims of domestic violence, as defined in
9 section four hundred fifty-nine-a of the social services law, shall be
10 on uniform statewide forms that shall be promulgated by the chief admin-
11 istrator of the courts in a manner to ensure the compatibility of such
12 forms with the statewide registry of orders of protection and warrants
13 established pursuant to section two hundred twenty-one-a of the execu-
14 tive law. A copy of an order of protection or a temporary order of
15 protection issued pursuant to subdivision one, two, three, or four of
16 this section shall be filed by the clerk of the court with the sheriff's
17 office in the county in which such victim or victims reside, or, if the
18 victim or victims reside within a city, with the police department of
19 such city, AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS
20 OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT TO SECTION TWO
21 HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW WHERE THE COURT DETERMINES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03312-01-1
S. 976 2
1 THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER. A
2 copy of such order of protection or temporary order of protection may
3 from time to time be filed by the clerk of the court with any other
4 police department or sheriff's office having jurisdiction of the resi-
5 dence, work place, and school of anyone intended to be protected by such
6 order. A copy of the order may also be filed by the victim or victims at
7 the appropriate police department or sheriff's office having jurisdic-
8 tion. Any subsequent amendment or revocation of such order shall be
9 filed in the same manner as herein provided.
10 S 2. Subdivision 1 of section 221-a of the executive law, as separate-
11 ly amended by sections 14 and 67 of part A of chapter 56 of the laws of
12 2010, is amended to read as follows:
13 1. The superintendent, in consultation with the division of criminal
14 justice services, office of court administration, and the office for the
15 prevention of domestic violence, shall develop a comprehensive plan for
16 the establishment and maintenance of a statewide computerized registry
17 of all orders of protection issued pursuant to articles four, five, six
18 and eight of the family court act, section 530.12 of the criminal proce-
19 dure law and, insofar as they involve victims of domestic violence as
20 defined by section four hundred fifty-nine-a of the social services law,
21 section 530.13 of the criminal procedure law and sections two hundred
22 forty and two hundred fifty-two of the domestic relations law AND THOSE
23 ORDERS OF PROTECTION WHICH A COURT ORDERS FILED WITH THE REGISTRY PURSU-
24 ANT TO SUBDIVISION FIVE OF SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW,
25 AND ANY WARRANT ARISING THEREFROM, and orders of protection issued by
26 courts of competent jurisdiction in another state, territorial or tribal
27 jurisdiction, special orders of conditions issued pursuant to subpara-
28 graph (i) or (ii) of paragraph (o) of subdivision one of section 330.20
29 of the criminal procedure law insofar as they involve a victim or
30 victims of domestic violence as defined by subdivision one of section
31 four hundred fifty-nine-a of the social services law or a designated
32 witness or witnesses to such domestic violence, and all warrants issued
33 pursuant to sections one hundred fifty-three and eight hundred twenty-
34 seven of the family court act, and arrest and bench warrants as defined
35 in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of
36 the criminal procedure law, insofar as such warrants pertain to orders
37 of protection or temporary orders of protection; provided, however, that
38 warrants issued pursuant to section one hundred fifty-three of the fami-
39 ly court act pertaining to articles three, seven and ten of such act and
40 section 530.13 of the criminal procedure law EXCEPT AS PROVIDED FOR IN
41 THIS SUBDIVISION shall not be included in the registry. The superinten-
42 dent shall establish and maintain such registry for the purposes of
43 ascertaining the existence of orders of protection, temporary orders of
44 protection, warrants and special orders of conditions, and for enforcing
45 the provisions of paragraph (b) of subdivision four of section 140.10 of
46 the criminal procedure law.
47 S 3. This act shall take effect on the first of October next succeed-
48 ing the date on which it shall have become a law.
