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A07400 Summary:

BILL NO    A07400 

SAME AS    SAME AS S05821

SPONSOR    Weinstein (MS)

COSPNSR    Lentol

MLTSPNSR   

Amd SS812, 821, 446, 551, 656, 842 & 1056, Fam Ct Act; amd SS240 & 252, Dom Rel
L; amd SS530.11 & 530.12, CP L

Adds identity theft, larceny and coercion to those offenses over which criminal
and family courts have concurrent jurisdiction when involving family or
household members; authorizes a court which issues an order of protection to
order the respondent to return certain documents, and credit and debit devices
to the protected party.
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A07400 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7400

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 15, 2013
                                      ___________

       Introduced  by  M.  of A. WEINSTEIN, LENTOL -- read once and referred to
         the Committee on Judiciary

       AN ACT to amend the family court act and the criminal procedure law,  in
         relation to adding identity theft, larceny and coercion as crimes over
         which  family  courts and criminal courts have concurrent jurisdiction
         in certain circumstances; and to  amend  the  family  court  act,  the
         domestic  relations law and the criminal procedure law, in relation to
         authorizing courts, upon issuance of an order of protection, to  order
         a respondent to return certain documents, and debit and credit devices
         to the protected party

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The opening paragraph of subdivision 1 of  section  812  of
    2  the  family  court act, as separately amended by chapters 341 and 405 of
    3  the laws of 2010, is amended to read as follows:
    4    The family court and the criminal courts shall have concurrent  juris-
    5  diction  over  any  proceeding  concerning  acts  which would constitute
    6  disorderly conduct, harassment in the first degree,  harassment  in  the
    7  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    8  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    9  abuse  in  the  second degree as set forth in subdivision one of section
   10  130.60 of the penal law, stalking in the first degree, stalking  in  the
   11  second  degree,  stalking  in  the  third degree, stalking in the fourth
   12  degree, criminal mischief, menacing in the second  degree,  menacing  in
   13  the third degree, reckless endangerment, criminal obstruction of breath-
   14  ing or blood circulation, strangulation in the second degree, strangula-
   15  tion  in  the first degree, assault in the second degree, assault in the
   16  third degree  [or],  an  attempted  assault,  [criminal  obstruction  of
   17  breathing  or  blood circulation or strangulation] IDENTITY THEFT IN THE
   18  FIRST DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN THE
   19  THIRD DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY  IN  THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09958-07-3
       A. 7400                             2

    1  THIRD  DEGREE  OR COERCION IN THE SECOND DEGREE AS SET FORTH IN SUBDIVI-
    2  SIONS ONE, TWO AND THREE OF SECTION 135.60  OF  THE  PENAL  LAW  between
    3  spouses  or  former  spouses,  or  between  parent  and child or between
    4  members  of  the  same family or household except that if the respondent
    5  would not be criminally responsible by reason of age pursuant to section
    6  30.00 of the penal law, then  the  family  court  shall  have  exclusive
    7  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
    8  election to proceed in family court, the criminal  court  shall  not  be
    9  divested of jurisdiction to hear a family offense proceeding pursuant to
   10  this  section. In any proceeding pursuant to this article, a court shall
   11  not deny an order of protection, or dismiss a petition,  solely  on  the
   12  basis that the acts or events alleged are not relatively contemporaneous
   13  with the date of the petition, the conclusion of the fact-finding or the
   14  conclusion  of  the dispositional hearing. For purposes of this article,
   15  "disorderly conduct" includes disorderly conduct not in a public  place.
   16  For  purposes of this article, "members of the same family or household"
   17  shall mean the following:
   18    S 2. Paragraph (a) of subdivision 1 of section 821 of the family court
   19  act, as amended by chapter 309 of the laws of 2011, is amended  to  read
   20  as follows:
   21    (a)  An  allegation  that  the  respondent  assaulted  or attempted to
   22  assault his or her spouse, or former  spouse,  parent,  child  or  other
   23  member of the same family or household or engaged in disorderly conduct,
   24  harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
   25  third degree, sexual abuse in the second degree as set forth in subdivi-
   26  sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
   27  mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
   28  breathing or blood circulation [or], strangulation,  IDENTITY  THEFT  IN
   29  THE FIRST DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN
   30  THE  THIRD  DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY IN
   31  THE THIRD DEGREE OR COERCION IN THE SECOND DEGREE AS SET FORTH IN SUBDI-
   32  VISIONS ONE, TWO AND THREE OF SECTION 135.60 OF THE  PENAL  LAW,  toward
   33  any such person;
   34    S 3. Section 446 of the family court act, as amended by chapter 948 of
   35  the laws of 1984, the opening paragraph as amended by chapter 706 of the
   36  laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
   37  subdivision (i) as added by chapter 483 of the laws of 1995, subdivision
   38  (h) as added and subdivision (i) as relettered by  chapter  253  of  the
   39  laws  of  2006, paragraph 1 of subdivision (h) as amended by chapter 532
   40  of the laws of 2008, the second undesignated  paragraph  as  amended  by
   41  chapter  326  of  the  laws of 2008, the third undesignated paragraph as
   42  added by chapter 73 of the laws of 2007 and  the  closing  paragraph  as
   43  added by chapter 341 of the laws of 2010, is amended to read as follows:
   44    S  446. Order of protection. The court may make an order of protection
   45  in assistance or as a condition of any other order made under this part.
   46  The order of protection may set forth reasonable conditions of  behavior
   47  to  be  observed for a specified time by the petitioner or respondent or
   48  both. No order of protection may direct any party to observe  conditions
   49  of  behavior  unless  the  party  requesting the order of protection has
   50  served and filed a petition or counter-claim in accordance with  section
   51  one  hundred  fifty-four-b  of  this  act. Such an order may require the
   52  petitioner or the respondent:
   53    (a) to stay away from the home, school, business or place  of  employ-
   54  ment  of  any  other  party,  the  other spouse, the other parent or the
   55  child, and to stay away from any other specific location  designated  by
   56  the court;
       A. 7400                             3

    1    (b)  to permit a parent, or a person entitled to visitation by a court
    2  order or a separation agreement, to visit the child at stated periods;
    3    (c)  to refrain from committing a family offense, as defined in subdi-
    4  vision one of section eight hundred twelve of this act, or any  criminal
    5  offense  against  the  child  or against the other parent or against any
    6  person to whom custody of the  child  is  awarded,  or  from  harassing,
    7  intimidating or threatening such persons;
    8    (d) to permit a designated party to enter the residence during a spec-
    9  ified period of time in order to remove personal belongings not in issue
   10  in  this  proceeding or in any other proceeding or action under this act
   11  or the domestic relations law;
   12    (e) to refrain from acts of commission  or  omission  that  create  an
   13  unreasonable risk to the health, safety or welfare of a child;
   14    (f)  to  participate  in  an  educational program and to pay the costs
   15  thereof if the person has the means to  do  so,  provided  however  that
   16  nothing contained herein shall be deemed to require payment of the costs
   17  of any such program by the state or any political subdivision thereof;
   18    (g)  to  provide,  either  directly  or by means of medical and health
   19  insurance, for expenses incurred for medical care and treatment  arising
   20  from the incident or incidents forming the basis for the issuance of the
   21  order[.];
   22    (h)  1.  to  refrain  from  intentionally injuring or killing, without
   23  justification, any companion animal the respondent knows  to  be  owned,
   24  possessed,  leased, kept or held by the person protected by the order or
   25  a minor child residing in such person's household.
   26    2. "Companion animal", as used in this section, shall  have  the  same
   27  meaning  as  in  subdivision  five of section three hundred fifty of the
   28  agriculture and markets law[.];
   29    (i) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
   30  PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
   31  ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
   32  (A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
   33  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   34  ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
   35  ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
   36  BE ACCOMPLISHED.
   37    2. FOR PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION  DOCUMENT"  SHALL
   38  MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   39  PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
   40  ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
   41  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   42  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   43  STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
   44  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   45  OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
   46  SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
   47  TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
   48  BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
   49  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   50    (J) to observe such other conditions as are necessary to  further  the
   51  purposes of protection.
   52  The  court  may  also award custody of the child, during the term of the
   53  order of protection to either parent,  or  to  an  appropriate  relative
   54  within  the second degree. Nothing in this section gives the court power
   55  to place or board out any child or to commit a child to  an  institution
   56  or  agency. In making orders of protection, the court shall so act as to
       A. 7400                             4

    1  insure that in the care, protection, discipline and guardianship of  the
    2  child his religious faith shall be preserved and protected.
    3    Notwithstanding  the  foregoing provisions, an order of protection, or
    4  temporary order of protection where applicable, may be entered against a
    5  former spouse and persons who have a  child  in  common,  regardless  of
    6  whether  such  persons  have  been married or have lived together at any
    7  time, or against a member of the same family or household as defined  in
    8  subdivision one of section eight hundred twelve of this act.
    9    In addition to the foregoing provisions, the court may issue an order,
   10  pursuant to section two hundred twenty-seven-c of the real property law,
   11  authorizing the party for whose benefit any order of protection has been
   12  issued  to terminate a lease or rental agreement pursuant to section two
   13  hundred twenty-seven-c of the real property law.
   14    In any proceeding pursuant to this article, a court shall not deny  an
   15  order of protection, or dismiss an application for such an order, solely
   16  on  the basis that the acts or events alleged are not relatively contem-
   17  poraneous with the date of the application  or  the  conclusion  of  the
   18  action.  The  duration  of  any temporary order shall not by itself be a
   19  factor in determining the length or issuance of any final order.
   20    S 4. Section 551 of the family court act, as amended by chapter 948 of
   21  the laws of 1984, the opening paragraph as amended by chapter 706 of the
   22  laws of 1988, subdivisions (a), (b), (c), (d) and  (e)  as  amended  and
   23  subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
   24  (i)  as  added  and  subdivision (j) as relettered by chapter 253 of the
   25  laws of 2006, paragraph 1 of subdivision (i) as amended by  chapter  532
   26  of  the  laws  of  2008,  the third undesignated paragraph as amended by
   27  chapter 326 of the laws of 2008 and the closing paragraph  as  added  by
   28  chapter 341 of the laws of 2010, is amended to read as follows:
   29    S  551. Order of protection. The court may make an order of protection
   30  in assistance or as a condition of any other order made under this arti-
   31  cle.  The order of protection may set  forth  reasonable  conditions  of
   32  behavior  to  be  observed  for  a  specified  time by the petitioner or
   33  respondent or both. No order of  protection  may  direct  any  party  to
   34  observe  conditions of behavior unless the party requesting the order of
   35  protection has served and filed a petition or counter-claim  in  accord-
   36  ance  with  section  one hundred fifty-four-b of this act. Such an order
   37  may require the petitioner or the respondent:
   38    (a) to stay away from the home, school, business or place  of  employ-
   39  ment  of  any  other  party, the other parent, or the child, and to stay
   40  away from any other specific location designated by the court;
   41    (b) to permit a parent, or a person entitled to visitation by a  court
   42  order or a separation agreement to visit the child at stated periods;
   43    (c)  to refrain from committing a family offense, as defined in subdi-
   44  vision one of section eight hundred twelve of this act, or any  criminal
   45  offense  against  the  child  or against the other parent or against any
   46  person to whom custody of the  child  is  awarded,  or  from  harassing,
   47  intimidating or threatening such persons;
   48    (d) to permit a designated party to enter the residence during a spec-
   49  ified period of time in order to remove personal belongings not in issue
   50  in  this  proceeding or in any other proceeding or action under this act
   51  or the domestic relations law;
   52    (e) to refrain from acts of commission  or  omission  that  create  an
   53  unreasonable risk to the health, safety or welfare of a child;
   54    (f)  to  participate  in  an  educational program and to pay the costs
   55  thereof if the person has the means to do so,  provided,  however,  that
       A. 7400                             5

    1  nothing contained herein shall be deemed to require payment of the costs
    2  of any such program by the state or any political subdivision thereof;
    3    (g)  to  provide,  either  directly  or by means of medical and health
    4  insurance, for expenses incurred for medical care and treatment  arising
    5  from the incident or incidents forming the basis for the issuance of the
    6  order;
    7    (h)  to  pay the reasonable counsel fees and disbursements involved in
    8  obtaining or enforcing the order of the person who is protected by  such
    9  order  if  such  order is issued or enforced, whether or not an order of
   10  filiation is made[.];
   11    (i) 1. to refrain from  intentionally  injuring  or  killing,  without
   12  justification,  any  companion  animal the respondent knows to be owned,
   13  possessed, leased, kept or held by the person protected by the order  or
   14  a minor child residing in such person's household.
   15    2.  "Companion  animal",  as used in this section, shall have the same
   16  meaning as in subdivision five of section three  hundred  fifty  of  the
   17  agriculture and markets law[.];
   18    (j)  1.  TO  PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
   19  PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
   20  ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
   21  (A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
   22  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   23  ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
   24  ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
   25  BE ACCOMPLISHED.
   26    2.  FOR  PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION DOCUMENT" SHALL
   27  MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   28  PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
   29  ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
   30  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   31  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   32  STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
   33  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   34  OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
   35  SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
   36  TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
   37  BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
   38  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   39    (K)  to  observe such other conditions as are necessary to further the
   40  purposes of protection.
   41    The court may also award custody of the child, during the term of  the
   42  order  of  protection  to  either  parent, or to an appropriate relative
   43  within the second degree. Nothing in this section gives the court  power
   44  to  place  or board out any child or to commit a child to an institution
   45  or agency. In making orders of protection, the court shall so act as  to
   46  insure  that in the care, protection, discipline and guardianship of the
   47  child his religious faith shall be preserved and protected.
   48    Notwithstanding the foregoing provisions, an order of  protection,  or
   49  temporary order of protection where applicable, may be entered against a
   50  former  spouse  and  persons  who  have a child in common, regardless of
   51  whether such persons have been married or have  lived  together  at  any
   52  time,  or against a member of the same family or household as defined in
   53  subdivision one of section eight hundred twelve of this act.
   54    In any proceeding pursuant to this article, a court shall not deny  an
   55  order of protection, or dismiss an application for such an order, solely
   56  on  the basis that the acts or events alleged are not relatively contem-
       A. 7400                             6

    1  poraneous with the date of the application  or  the  conclusion  of  the
    2  action.  The  duration  of  any temporary order shall not by itself be a
    3  factor in determining the length or issuance of any final order.
    4    S 5. Section 656 of the family court act, as amended by chapter 948 of
    5  the laws of 1984, the opening paragraph as amended by chapter 706 of the
    6  laws  of  1988,  subdivisions  (a), (b), (c), (d) and (e) as amended and
    7  subdivision (j) as added by chapter 483 of the laws of 1995, subdivision
    8  (i) as added and subdivision (j) as relettered by  chapter  253  of  the
    9  laws  of  2006,  the second undesignated paragraph as amended by chapter
   10  326 of the laws of 2008, the third undesignated paragraph  as  added  by
   11  chapter  73  of  the  laws of 2007 and the closing paragraph as added by
   12  chapter 341 of the laws of 2010, is amended to read as follows:
   13    S 656. Order of protection. The court may make an order of  protection
   14  and  an  order of probation in assistance or as a condition of any other
   15  order made under this part.  The  order  of  protection  may  set  forth
   16  reasonable  conditions of behavior to be observed for a specific time by
   17  any petitioner or any respondent, and  shall  specify  if  an  order  of
   18  probation  is  in effect. No order of protection may direct any party to
   19  observe conditions of behavior unless the party requesting the order  of
   20  protection  has  served and filed a petition or counter-claim in accord-
   21  ance with section one hundred fifty-four-b of this act.  Such  an  order
   22  may require the petitioner or the respondent:
   23    (a)  to  stay away from the home, school, business or place of employ-
   24  ment of any other party, the other spouse or parent, or the  child,  and
   25  to stay away from any other specific location designated by the court;
   26    (b)  to permit a parent, or a person entitled to visitation by a court
   27  order or a separation agreement, to visit the child at stated periods;
   28    (c) to refrain from committing a family offense, as defined in  subdi-
   29  vision  one of section eight hundred twelve of this act, or any criminal
   30  offense against the child or against the other  parent  or  against  any
   31  person  to  whom  custody  of  the  child is awarded, or from harassing,
   32  intimidating or threatening such persons;
   33    (d) to permit a designated party to enter the residence during a spec-
   34  ified period of time in order to remove personal belongings not in issue
   35  in this proceeding or in any other proceeding or action under  this  act
   36  or the domestic relations law;
   37    (e)  to  refrain  from  acts  of commission or omission that create an
   38  unreasonable risk to the health, safety or welfare of a child;
   39    (f) to participate in an educational program  and  to  pay  the  costs
   40  thereof  if  the  person  has  the means to do so, provided however that
   41  nothing contained herein shall be deemed to require payment of the costs
   42  of any such program by the state or any political subdivision thereof;
   43    (g) to provide, either directly or by  means  of  medical  and  health
   44  insurance,  for expenses incurred for medical care and treatment arising
   45  from the incident or incidents forming the basis for the issuance of the
   46  order;
   47    (h) to pay the reasonable counsel fees and disbursements  involved  in
   48  obtaining  or enforcing the order of the person who is protected by such
   49  order if such order is issued or enforced[.];
   50    (i) 1. to refrain from  intentionally  injuring  or  killing,  without
   51  justification,  any  companion  animal the respondent knows to be owned,
   52  possessed, leased, kept or held by  the  petitioner  or  a  minor  child
   53  residing in the household.
   54    2.  "Companion  animal",  as used in this section, shall have the same
   55  meaning as in subdivision five of section three  hundred  fifty  of  the
   56  agriculture and markets law[.];
       A. 7400                             7

    1    (j)  1.  TO  PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
    2  PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
    3  ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
    4  (A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
    5  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
    6  ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
    7  ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
    8  BE ACCOMPLISHED.
    9    2.  FOR  PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION DOCUMENT" SHALL
   10  MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   11  PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
   12  ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
   13  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   14  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   15  STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
   16  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   17  OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
   18  SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
   19  TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
   20  BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
   21  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   22    (K)  to  observe such other conditions as are necessary to further the
   23  purposes of protection.
   24    The court shall not require anyone  seeking  an  order  of  protection
   25  under  this  section  to  first  request  that child protective services
   26  investigate the allegations or to first request  permission  to  file  a
   27  petition under article ten of this act.
   28    Notwithstanding  the  foregoing provisions, an order of protection, or
   29  temporary order of protection where applicable, may be entered against a
   30  former spouse and persons who have a  child  in  common,  regardless  of
   31  whether  such  persons  have  been married or have lived together at any
   32  time, or against a member of the same family or household as defined  in
   33  subdivision one of section eight hundred twelve of this act.
   34    In addition to the foregoing provisions, the court may issue an order,
   35  pursuant to section two hundred twenty-seven-c of the real property law,
   36  authorizing the party for whose benefit any order of protection has been
   37  issued  to terminate a lease or rental agreement pursuant to section two
   38  hundred twenty-seven-c of the real property law.
   39    In any proceeding pursuant to this article, a court shall not deny  an
   40  order of protection, or dismiss an application for such an order, solely
   41  on  the basis that the acts or events alleged are not relatively contem-
   42  poraneous with the date of the application  or  the  conclusion  of  the
   43  action.  The  duration  of  any temporary order shall not by itself be a
   44  factor in determining the length or issuance of any final order.
   45    S 6. Section 842 of the family court act, as amended by chapter 222 of
   46  the laws of 1994, the opening paragraph as separately amended  by  chap-
   47  ters  325  and  341 of the laws of 2010, subdivisions (a), (b), (c), (d)
   48  and (e) as amended and subdivision (j) as added by chapter  483  of  the
   49  laws of 1995, subdivision (i) as added and subdivision (j) as relettered
   50  by chapter 253 of the laws of 2006, the second undesignated paragraph as
   51  amended by chapter 325 of the laws of 2010, the third undesignated para-
   52  graph  as amended by chapter 224 of the laws of 1994, the sixth undesig-
   53  nated paragraph as amended by section 114 of subpart  B  of  part  C  of
   54  chapter  62  of  the laws of 2011, the seventh undesignated paragraph as
   55  amended by chapter 326 of the laws of 2008 and the closing paragraph  as
   56  added by chapter 73 of the laws of 2007, is amended to read as follows:
       A. 7400                             8

    1    S 842. Order of protection. An order of protection under section eight
    2  hundred  forty-one of this part shall set forth reasonable conditions of
    3  behavior to be observed for a period not in excess of two years  by  the
    4  petitioner  or  respondent  or  for a period not in excess of five years
    5  upon (i) a finding by the court on the record of the existence of aggra-
    6  vating circumstances as defined in paragraph (vii) of subdivision (a) of
    7  section eight hundred twenty-seven of this article; or (ii) a finding by
    8  the  court  on the record that the conduct alleged in the petition is in
    9  violation of a valid order of protection.  Any  finding  of  aggravating
   10  circumstances pursuant to this section shall be stated on the record and
   11  upon  the  order  of protection. The court may also, upon motion, extend
   12  the order of protection for a reasonable period of time upon  a  showing
   13  of  good  cause  or  consent of the parties. The fact that abuse has not
   14  occurred during the pendency of an order shall not, in  itself,  consti-
   15  tute  sufficient  ground for denying or failing to extend the order. The
   16  court must articulate a basis for its decision on the record. The  dura-
   17  tion of any temporary order shall not by itself be a factor in determin-
   18  ing  the length or issuance of any final order.  Any order of protection
   19  issued pursuant to this section shall specify if an order  of  probation
   20  is  in  effect.  Any order of protection issued pursuant to this section
   21  may require the petitioner or the respondent:
   22    (a) to stay away from the home, school, business or place  of  employ-
   23  ment  of  any  other  party,  the other spouse, the other parent, or the
   24  child, and to stay away from any other specific location  designated  by
   25  the court, provided that the court shall make a determination, and shall
   26  state such determination in a written decision or on the record, whether
   27  to  impose  a  condition pursuant to this subdivision, provided further,
   28  however, that failure to make such a determination shall not affect  the
   29  validity  of such order of protection. In making such determination, the
   30  court shall consider, but shall not  be  limited  to  consideration  of,
   31  whether  the order of protection is likely to achieve its purpose in the
   32  absence of  such  a  condition,  conduct  subject  to  prior  orders  of
   33  protection,  prior incidents of abuse, extent of past or present injury,
   34  threats, drug or alcohol abuse, and access to weapons;
   35    (b) to permit a parent, or a person entitled to visitation by a  court
   36  order or a separation agreement, to visit the child at stated periods;
   37    (c)  to refrain from committing a family offense, as defined in subdi-
   38  vision one of section eight hundred twelve of this act, or any  criminal
   39  offense  against  the  child  or against the other parent or against any
   40  person to whom custody of the  child  is  awarded,  or  from  harassing,
   41  intimidating or threatening such persons;
   42    (d) to permit a designated party to enter the residence during a spec-
   43  ified period of time in order to remove personal belongings not in issue
   44  in  this  proceeding or in any other proceeding or action under this act
   45  or the domestic relations law;
   46    (e) to refrain from acts of commission  or  omission  that  create  an
   47  unreasonable risk to the health, safety or welfare of a child;
   48    (f)  to  pay the reasonable counsel fees and disbursements involved in
   49  obtaining or enforcing the order of the person who is protected by  such
   50  order if such order is issued or enforced;
   51    (g) to require the respondent to participate in a batterer's education
   52  program  designed to help end violent behavior, which may include refer-
   53  ral to drug and alcohol counselling, and to pay the costs thereof if the
   54  person has the means to do so, provided however that  nothing  contained
   55  herein  shall  be  deemed  to  require  payment of the costs of any such
       A. 7400                             9

    1  program by the petitioner, the state or any political subdivision there-
    2  of; [and]
    3    (h)  to  provide,  either  directly  or by means of medical and health
    4  insurance, for expenses incurred for medical care and treatment  arising
    5  from the incident or incidents forming the basis for the issuance of the
    6  order[.];
    7    (i)  1.  to  refrain  from  intentionally injuring or killing, without
    8  justification, any companion animal the respondent knows  to  be  owned,
    9  possessed,  leased,  kept  or  held  by  the petitioner or a minor child
   10  residing in the household.
   11    2. "Companion animal", as used in this section, shall  have  the  same
   12  meaning  as  in  subdivision  five of section three hundred fifty of the
   13  agriculture and markets law[.];
   14    (j) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
   15  PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
   16  ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
   17  (A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
   18  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   19  ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
   20  ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
   21  BE ACCOMPLISHED.
   22    2. FOR PURPOSES OF THIS SUBDIVISION, "IDENTIFICATION  DOCUMENT"  SHALL
   23  MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   24  PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
   25  ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
   26  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   27  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   28  STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
   29  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   30  OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
   31  SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
   32  TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
   33  BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
   34  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   35    (K) to observe such other conditions as are necessary to  further  the
   36  purposes of protection.
   37    The  court may also award custody of the child, during the term of the
   38  order of protection to either parent,  or  to  an  appropriate  relative
   39  within  the second degree. Nothing in this section gives the court power
   40  to place or board out any child or to commit a child to  an  institution
   41  or agency.
   42    Notwithstanding  the  provisions of section eight hundred seventeen of
   43  this article, where a temporary order of child support has  not  already
   44  been  issued,  the  court may in addition to the issuance of an order of
   45  protection pursuant to this section, issue an order for temporary  child
   46  support  in an amount sufficient to meet the needs of the child, without
   47  a showing of immediate or emergency need. The court shall make an  order
   48  for  temporary  child  support  notwithstanding  that  information  with
   49  respect to income and assets of the respondent may be unavailable. Where
   50  such information is available, the court may make an award for temporary
   51  child support pursuant to the formula set forth in  subdivision  one  of
   52  section  four  hundred thirteen of this act. Temporary orders of support
   53  issued pursuant to this article shall be  deemed  to  have  been  issued
   54  pursuant to section four hundred thirteen of this act.
   55    Upon  making  an  order  for  temporary child support pursuant to this
   56  subdivision, the court shall advise the petitioner of  the  availability
       A. 7400                            10

    1  of  child support enforcement services by the support collection unit of
    2  the local department of social services, to enforce the temporary  order
    3  and  to  assist  in  securing continued child support, and shall set the
    4  support  matter  down for further proceedings in accordance with article
    5  four of this act.
    6    Where the court determines that the respondent  has  employer-provided
    7  medical  insurance, the court may further direct, as part of an order of
    8  temporary  support  under  this  subdivision,  that  a  medical  support
    9  execution  be  issued  and  served  upon  the  respondent's  employer as
   10  provided for in section fifty-two hundred forty-one of the  civil  prac-
   11  tice law and rules.
   12    In  any  proceeding in which an order of protection or temporary order
   13  of protection or a warrant has been issued under this section, the clerk
   14  of the court shall issue to the petitioner and respondent and his  coun-
   15  sel and to any other person affected by the order a copy of the order of
   16  protection  or  temporary  order of protection and ensure that a copy of
   17  the order of protection or temporary order of protection be  transmitted
   18  to  the  local  correctional facility where the individual is or will be
   19  detained, the state or local correctional facility where the  individual
   20  is  or  will  be imprisoned, and the supervising probation department or
   21  the department of corrections and community supervision where the  indi-
   22  vidual is under probation or parole supervision.
   23    Notwithstanding  the  foregoing provisions, an order of protection, or
   24  temporary order of protection where applicable, may be entered against a
   25  former spouse and persons who have a  child  in  common,  regardless  of
   26  whether  such  persons  have  been married or have lived together at any
   27  time, or against a member of the same family or household as defined  in
   28  subdivision one of section eight hundred twelve of this article.
   29    In addition to the foregoing provisions, the court may issue an order,
   30  pursuant to section two hundred twenty-seven-c of the real property law,
   31  authorizing the party for whose benefit any order of protection has been
   32  issued  to terminate a lease or rental agreement pursuant to section two
   33  hundred twenty-seven-c of the real property law.
   34    S 7. Subdivision 1 of section 1056 of the family court act, as amended
   35  by chapter 622 of the laws of 1990, paragraphs (a), (b),  (c),  (d)  and
   36  (e)  as amended and paragraph (h) as added by chapter 483 of the laws of
   37  1995, paragraph (g) as added and paragraph (h) as relettered by  chapter
   38  253  of  the laws of 2006 and subparagraph 1 of paragraph (g) as amended
   39  by chapter 532 of the laws of 2008, is amended to read as follows:
   40    1. The court may make an order of protection in  assistance  or  as  a
   41  condition  of  any  other  order  made  under  this  part. Such order of
   42  protection shall remain in effect concurrently  with,  shall  expire  no
   43  later  than  the  expiration  date  of, and may be extended concurrently
   44  with, such other order made under  this  part,  except  as  provided  in
   45  subdivision  four of this section. The order of protection may set forth
   46  reasonable conditions of behavior to be observed for a specified time by
   47  a person who is before the court and is a parent  or  a  person  legally
   48  responsible  for  the  child's care or the spouse of the parent or other
   49  person legally responsible for the child's care, or both. Such an  order
   50  may require any such person
   51    (a)  to  stay away from the home, school, business or place of employ-
   52  ment of the other spouse, parent or person legally responsible  for  the
   53  child's  care  or  the  child,  and to stay away from any other specific
   54  location designated by the court;
   55    (b) to permit a parent, or a person entitled to visitation by a  court
   56  order or a separation agreement, to visit the child at stated periods;
       A. 7400                            11

    1    (c)  to refrain from committing a family offense, as defined in subdi-
    2  vision one of section eight hundred twelve of this act, or any  criminal
    3  offense  against  the  child  or against the other parent or against any
    4  person to whom custody of the  child  is  awarded,  or  from  harassing,
    5  intimidating or threatening such persons;
    6    (d) to permit a designated party to enter the residence during a spec-
    7  ified period of time in order to remove personal belongings not in issue
    8  in  this  proceeding or in any other proceeding or action under this act
    9  or the domestic relations law;
   10    (e) to refrain from acts of commission  or  omission  that  create  an
   11  unreasonable risk to the health, safety and welfare of a child;
   12    (f)  to  provide,  either  directly  or by means of medical and health
   13  insurance, for expenses incurred for medical care and treatment  arising
   14  from the incident or incidents forming the basis for the issuance of the
   15  order[.];
   16    (g)  1.  to  refrain  from  intentionally injuring or killing, without
   17  justification, any companion animal the respondent knows  to  be  owned,
   18  possessed,  leased, kept or held by the person protected by the order or
   19  a minor child residing in such person's household.
   20    2. "Companion animal", as used in this section, shall  have  the  same
   21  meaning  as  in  subdivision  five of section three hundred fifty of the
   22  agriculture and markets law[.];
   23    (h) 1. TO PROMPTLY RETURN SPECIFIED IDENTIFICATION  DOCUMENTS  TO  THE
   24  PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
   25  ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
   26  (A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
   27  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   28  ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
   29  ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
   30  BE ACCOMPLISHED.
   31    2. FOR PURPOSES OF THIS  PARAGRAPH,  "IDENTIFICATION  DOCUMENT"  SHALL
   32  MEAN  ANY OF THE FOLLOWING: (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   33  PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
   34  ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
   35  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   36  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   37  STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
   38  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   39  OF  THE  FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE OR OWNER-
   40  SHIP, THAT THE COURT DETERMINES  ARE  NECESSARY  AND  ARE  APPROPRIATELY
   41  TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
   42  BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
   43  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   44    (I)  to  observe such other conditions as are necessary to further the
   45  purposes of protection.
   46    S 8. Paragraph a of subdivision 3  of  section  240  of  the  domestic
   47  relations  law,  as amended by chapter 597 of the laws of 1998, subpara-
   48  graph 7 as added and subparagraph 8 as renumbered by chapter 532 of  the
   49  laws of 2008, is amended to read as follows:
   50    a.  The  court  may  make an order of protection in assistance or as a
   51  condition of any other order made under this  section.    The  order  of
   52  protection  may  set  forth  reasonable  conditions  of  behavior  to be
   53  observed for a specified time by any party. Such an  order  may  require
   54  any party:
       A. 7400                            12

    1    (1)  to  stay away from the home, school, business or place of employ-
    2  ment of the child, other parent or any other party,  and  to  stay  away
    3  from any other specific location designated by the court;
    4    (2)  to permit a parent, or a person entitled to visitation by a court
    5  order or a separation agreement, to visit the child at stated periods;
    6    (3) to refrain from committing a family offense, as defined in  subdi-
    7  vision one of section 530.11 of the criminal procedure law, or any crim-
    8  inal  offense  against  the child or against the other parent or against
    9  any person to whom custody of the child is awarded  or  from  harassing,
   10  intimidating or threatening such persons;
   11    (4) to permit a designated party to enter the residence during a spec-
   12  ified period of time in order to remove personal belongings not in issue
   13  in  a  proceeding  or action under this chapter or the family court act;
   14  [or]
   15    (5) to refrain from acts of commission  or  omission  that  create  an
   16  unreasonable risk to the health, safety or welfare of a child[.];
   17    (6)  to  pay the reasonable counsel fees and disbursements involved in
   18  obtaining or enforcing the order of the person who is protected by  such
   19  order if such order is issued or enforced[.];
   20    (7)  to refrain from intentionally injuring or killing, without justi-
   21  fication, any  companion  animal  the  respondent  knows  to  be  owned,
   22  possessed,  leased, kept or held by the person protected by the order or
   23  a minor child residing in such person's household.  "Companion  animal,"
   24  as  used  in this section, shall have the same meaning as in subdivision
   25  five of section three hundred  fifty  of  the  agriculture  and  markets
   26  law[.];
   27    (8)  (I)  TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS TO THE
   28  PROTECTED PARTY, IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR  TEMPORARY
   29  ORDER  OF  PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH ORDER MAY:
   30  (A) INCLUDE ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT  ANY  SUCH
   31  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   32  ABLE  IF  NECESSARY  FOR  LEGITIMATE  USE BY THE PARTY AGAINST WHOM SUCH
   33  ORDER IS ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH  RETURN  SHALL
   34  BE ACCOMPLISHED.
   35    (II)  FOR  PURPOSES  OF  THIS  SUBPARAGRAPH, "IDENTIFICATION DOCUMENT"
   36  SHALL MEAN ANY OF THE FOLLOWING:   (A) EXCLUSIVELY IN THE  NAME  OF  THE
   37  PROTECTED  PARTY:  BIRTH  CERTIFICATE,  PASSPORT,  SOCIAL SECURITY CARD,
   38  HEALTH INSURANCE OR OTHER BENEFITS CARD, A  CARD  OR  DOCUMENT  USED  TO
   39  ACCESS BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS,
   40  ANY DRIVER'S LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMIT-
   41  ED  TO  A  UNITED STATES PERMANENT RESIDENT CARD AND EMPLOYMENT AUTHORI-
   42  ZATION DOCUMENT; AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY
   43  TO BE HEARD, ANY OF THE FOLLOWING,  INCLUDING  THOSE  THAT  MAY  REFLECT
   44  JOINT  USE OR OWNERSHIP, THAT THE COURT DETERMINES ARE NECESSARY AND ARE
   45  APPROPRIATELY TRANSFERRED TO THE PROTECTED PARTY: ANY CARD  OR  DOCUMENT
   46  USED  TO ACCESS BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX
   47  RETURNS, AND ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   48    (9) to observe such other conditions as are necessary to  further  the
   49  purposes of protection.
   50    S  9.  Subdivision  1 of section 252 of the domestic relations law, as
   51  amended by chapter 349 of the laws of 1995, paragraph (g) as  added  and
   52  paragraph  (h)  as  relettered  by  chapter  532 of the laws of 2008, is
   53  amended to read as follows:
   54    1. In an action for divorce, separation or annulment or in  an  action
   55  to  declare  the  nullity  of  a void marriage in the supreme court, the
   56  supreme court or the family court shall entertain an application for  an
       A. 7400                            13

    1  order  of  protection  or temporary order of protection by either party.
    2  Such an order may require any party:
    3    (a)  to  stay away from the home, school, business or place of employ-
    4  ment of the child, other parent or any other party,  and  to  stay  away
    5  from any other specific location designated by the court;
    6    (b)  to permit a parent, or a person entitled to visitation by a court
    7  order or a separation agreement, to visit the child at stated periods;
    8    (c) to refrain from committing a family offense, as defined in  subdi-
    9  vision one of section 530.11 of the criminal procedure law, or any crim-
   10  inal  offense  against such child or against the other parent or against
   11  any person to whom custody of the child is awarded  or  from  harassing,
   12  intimidating or threatening such persons;
   13    (d) to permit a designated party to enter the residence during a spec-
   14  ified period of time in order to remove personal belongings not in issue
   15  in a proceeding or action under this chapter or the family court act;
   16    (e)  to  refrain  from  acts  of commission or omission that create an
   17  unreasonable risk to the health, safety or welfare of a child;
   18    (f) to pay the reasonable counsel fees and disbursements  involved  in
   19  obtaining  or enforcing the order of the person who is protected by such
   20  order if such order is issued or enforced; [or]
   21    (g) to refrain from intentionally injuring or killing, without  justi-
   22  fication,  any  companion  animal  the  respondent  knows  to  be owned,
   23  possessed, leased, kept or held by the person protected by the order  or
   24  a  minor  child residing in such person's household. "Companion animal,"
   25  as used in this section, shall have the same meaning as  in  subdivision
   26  five  of  section  three  hundred  fifty  of the agriculture and markets
   27  law[.];
   28    (h) (1) TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS  TO  THE
   29  PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
   30  ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
   31  (A)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
   32  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   33  ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
   34  ORDER  IS  ISSUED; AND (B) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
   35  BE ACCOMPLISHED.
   36    (2) FOR PURPOSES OF THIS PARAGRAPH,  "IDENTIFICATION  DOCUMENT"  SHALL
   37  MEAN ANY OF THE FOLLOWING:  (A) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   38  PARTY:  BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH INSUR-
   39  ANCE OR OTHER BENEFITS CARD, A CARD OR DOCUMENT  USED  TO  ACCESS  BANK,
   40  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   41  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   42  STATES  PERMANENT  RESIDENT  CARD AND EMPLOYMENT AUTHORIZATION DOCUMENT;
   43  AND (B) UPON MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, ANY
   44  OF THE FOLLOWING, INCLUDING THOSE THAT MAY REFLECT JOINT USE  OR  OWNER-
   45  SHIP,  THAT  THE  COURT  DETERMINES  ARE NECESSARY AND ARE APPROPRIATELY
   46  TRANSFERRED TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO  ACCESS
   47  BANK,  CREDIT  OR  OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, AND
   48  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS; AND
   49    (I) to observe such other conditions as are necessary to  further  the
   50  purposes of protection.
   51    S  10. The opening paragraph of subdivision 1 of section 530.11 of the
   52  criminal procedure law, as amended by chapter 405 of the laws  of  2010,
   53  is amended to read as follows:
   54    The  family court and the criminal courts shall have concurrent juris-
   55  diction over any  proceeding  concerning  acts  which  would  constitute
   56  disorderly  conduct,  harassment  in the first degree, harassment in the
       A. 7400                            14

    1  second degree,  aggravated  harassment  in  the  second  degree,  sexual
    2  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    3  abuse in the second degree as set forth in subdivision  one  of  section
    4  130.60  of  the penal law, stalking in the first degree, stalking in the
    5  second degree, stalking in the third  degree,  stalking  in  the  fourth
    6  degree,  criminal  mischief,  menacing in the second degree, menacing in
    7  the third degree, reckless  endangerment,  strangulation  in  the  first
    8  degree,  strangulation  in  the  second  degree, criminal obstruction of
    9  breathing or blood circulation, assault in the second degree, assault in
   10  the third degree [or], an attempted assault, IDENTITY THEFT IN THE FIRST
   11  DEGREE, IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN THE THIRD
   12  DEGREE, GRAND LARCENY IN THE FOURTH DEGREE, GRAND LARCENY IN  THE  THIRD
   13  DEGREE  OR  COERCION  IN  THE SECOND DEGREE AS SET FORTH IN SUBDIVISIONS
   14  ONE, TWO AND THREE OF SECTION 135.60 OF THE PENAL LAW between spouses or
   15  former spouses, or between parent and child or between  members  of  the
   16  same  family  or  household  except  that if the respondent would not be
   17  criminally responsible by reason of age pursuant to section 30.00 of the
   18  penal law, then the family court shall have exclusive jurisdiction  over
   19  such  proceeding. Notwithstanding a complainant's election to proceed in
   20  family court, the criminal court shall not be divested  of  jurisdiction
   21  to  hear  a  family  offense  proceeding  pursuant  to this section. For
   22  purposes of  this  section,  "disorderly  conduct"  includes  disorderly
   23  conduct not in a public place. For purposes of this section, "members of
   24  the same family or household" with respect to a proceeding in the crimi-
   25  nal courts shall mean the following:
   26    S  11.  Subdivision 1 of section 530.12 of the criminal procedure law,
   27  as amended by chapter 416 of the laws of 1981, the opening paragraph  as
   28  amended  by chapter 137 of the laws of 2007, paragraph (a) as amended by
   29  chapter 702 of the laws of 1988, paragraphs (b), (c) and (d) as  amended
   30  by  chapter  483 of the laws of 1995, paragraph (e) as amended and para-
   31  graph (f) as added by chapter 253 of the laws of 2006 and paragraph  (g)
   32  as  added  by  chapter  73  of  the  laws of 2007, is amended to read as
   33  follows:
   34    1. When a criminal action is pending involving  a  complaint  charging
   35  any  crime  or  violation  between  spouses,  former spouses, parent and
   36  child, or between members of the same family or household, as members of
   37  the same family or household are defined in subdivision one  of  section
   38  530.11  of  this  article,  the  court,  in addition to any other powers
   39  conferred upon it by  this  chapter  may  issue  a  temporary  order  of
   40  protection in conjunction with any securing order committing the defend-
   41  ant  to  the  custody  of  the sheriff or as a condition of any order of
   42  recognizance or bail or an adjournment in contemplation of dismissal.
   43    (A) In addition to any other conditions, such an order may require the
   44  defendant:  [(a)] (1) to stay away from the home,  school,  business  or
   45  place  of  employment of the family or household member or of any desig-
   46  nated witness, provided that the court shall make a  determination,  and
   47  shall  state  such determination in a written decision or on the record,
   48  whether to impose a  condition  pursuant  to  this  paragraph,  provided
   49  further,  however,  that  failure to make such a determination shall not
   50  affect the validity of such temporary order  of  protection.  In  making
   51  such  determination,  the court shall consider, but shall not be limited
   52  to consideration of, whether the temporary order of protection is likely
   53  to achieve its purpose in the  absence  of  such  a  condition,  conduct
   54  subject to prior orders of protection, prior incidents of abuse, past or
   55  present injury, threats, drug or alcohol abuse, and access to weapons;
       A. 7400                            15

    1    [(b)]  (2) to permit a parent, or a person entitled to visitation by a
    2  court order or a separation agreement, to  visit  the  child  at  stated
    3  periods;
    4    [(c)]  (3)  to refrain from committing a family offense, as defined in
    5  subdivision one of section 530.11  of  this  article,  or  any  criminal
    6  offense  against  the child or against the family or household member or
    7  against any person to whom custody of the  child  is  awarded,  or  from
    8  harassing, intimidating or threatening such persons;
    9    [(d)]  (4)  to refrain from acts of commission or omission that create
   10  an unreasonable risk to the health, safety and welfare of a child, fami-
   11  ly or household member's life or health;
   12    [(e)] (5) to permit a designated party to enter the residence during a
   13  specified period of time in order to remove personal belongings  not  in
   14  issue in this proceeding or in any other proceeding or action under this
   15  chapter, the family court act or the domestic relations law;
   16    [(f)  1.]  (6)  (A) to refrain from intentionally injuring or killing,
   17  without justification, any companion animal the defendant  knows  to  be
   18  owned,  possessed,  leased,  kept or held by the victim or a minor child
   19  residing in the household.
   20    [2.] (B) "Companion animal", as used in this section, shall  have  the
   21  same  meaning  as  in subdivision five of section three hundred fifty of
   22  the agriculture and markets law[.
   23    (g)];
   24    (7) (A) TO PROMPTLY RETURN SPECIFIED IDENTIFICATION DOCUMENTS  TO  THE
   25  PROTECTED  PARTY,  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR TEMPORARY
   26  ORDER OF PROTECTION IS ISSUED; PROVIDED, HOWEVER, THAT SUCH  ORDER  MAY:
   27  (I)  INCLUDE  ANY APPROPRIATE PROVISION DESIGNED TO ENSURE THAT ANY SUCH
   28  DOCUMENT IS AVAILABLE FOR USE AS EVIDENCE IN THIS PROCEEDING, AND AVAIL-
   29  ABLE IF NECESSARY FOR LEGITIMATE USE BY  THE  PARTY  AGAINST  WHOM  SUCH
   30  ORDER  IS ISSUED; AND (II) SPECIFY THE MANNER IN WHICH SUCH RETURN SHALL
   31  BE ACCOMPLISHED.
   32    (B) FOR PURPOSES OF THIS SUBPARAGRAPH, "IDENTIFICATION DOCUMENT" SHALL
   33  MEAN ANY OF THE FOLLOWING:  (I) EXCLUSIVELY IN THE NAME OF THE PROTECTED
   34  PARTY: BIRTH CERTIFICATE, PASSPORT, SOCIAL SECURITY CARD, HEALTH  INSUR-
   35  ANCE  OR  OTHER  BENEFITS  CARD, A CARD OR DOCUMENT USED TO ACCESS BANK,
   36  CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS, TAX RETURNS, ANY DRIVER'S
   37  LICENSE, AND IMMIGRATION DOCUMENTS INCLUDING BUT NOT LIMITED TO A UNITED
   38  STATES PERMANENT RESIDENT CARD AND  EMPLOYMENT  AUTHORIZATION  DOCUMENT;
   39  AND  (II)  UPON  MOTION AND AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD,
   40  ANY OF THE FOLLOWING, INCLUDING THOSE THAT  MAY  REFLECT  JOINT  USE  OR
   41  OWNERSHIP, THAT THE COURT DETERMINES ARE NECESSARY AND ARE APPROPRIATELY
   42  TRANSFERRED  TO THE PROTECTED PARTY: ANY CARD OR DOCUMENT USED TO ACCESS
   43  BANK, CREDIT OR OTHER FINANCIAL ACCOUNTS OR RECORDS,  TAX  RETURNS,  AND
   44  ANY OTHER IDENTIFYING CARDS AND DOCUMENTS.
   45    (B)  The  court  may  issue  an order, pursuant to section two hundred
   46  twenty-seven-c of the real property law, authorizing the party for whose
   47  benefit any order of protection has been issued to terminate a lease  or
   48  rental  agreement  pursuant to section two hundred twenty-seven-c of the
   49  real property law.
   50    S 12. This act shall take effect immediately.
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