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A02285 Summary:

BILL NOA02285
 
SAME ASSAME AS S03343
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd 530.13, CP L; amd 221-a, Exec L
 
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.
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A02285 Actions:

BILL NOA02285
 
01/17/2017referred to codes
01/03/2018referred to codes
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A02285 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2285
 
SPONSOR: Pretlow
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To permit temporary orders of protection and orders of protection for non-family domestic violence offenses to be filed with the statewide computerized registry of orders of protection.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 530.13 of the Criminal Procedure Law to permit courts to direct that orders of protection and temporary orders of protection of non-family domestic violence offenses be filed with the statewide computerized registry of orders of protection. Section 2 amends section 221-a of the executive law directing the Super- intendent of State Police to include such orders of protection on the computerized registry.   EXISTING LAW: Existing law only allows orders of protection and temporary orders of protection for family offenses to be entered on the statewide computer- ized registry.   JUSTIFICATION: The landmark Family Protection and Domestic Violence Intervention Act of 1994 created a framework to promote a more aggressive response to domes- tic violence. A statewide computerized registry was established to expe- dite communication between Family and Criminal Courts and law enforce- ment agencies. Only orders of protection for domestic violence offenses covered under the statutory definition of family offense, however, are put on the registry. At least half of the victims of domestic violence are persons outside the statutory definition of family. Orders of protection and temporary orders of protection issued to protect these victims should also be included on the computerized statewide registry.   LEGISLATIVE HISTORY: 2011/2012 A3517 referred to codes 2009/2010 A2602 referred to codes 1997-1998 - S.7303 - Referred to Codes Committee 1999-2000 - S.1012 - Passed Senate 01/13/15 referred to codes 01/06/16 referred to codes   LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: The first of October next succeeding the date on which this bill becomes a law.
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A02285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2285
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        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  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
    22  that such filing is required to implement the purposes of such order.  A
    23  copy  of  such  order of protection or temporary order of protection may
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05057-01-7

        A. 2285                             2
 
     1  from time to time be filed by the clerk of  the  court  with  any  other
     2  police  department  or sheriff's office having jurisdiction of the resi-
     3  dence, work place, and school of anyone intended to be protected by such
     4  order. A copy of the order may also be filed by the victim or victims at
     5  the  appropriate  police department or sheriff's office having jurisdic-
     6  tion. Any subsequent amendment or revocation  of  such  order  shall  be
     7  filed in the same manner as herein provided.
     8    §  2.  Subdivision 1 of section 221-a of the executive law, as amended
     9  by chapter 492 of the laws of 2015, is amended to read as follows:
    10    1. The superintendent, in consultation with the division  of  criminal
    11  justice services, office of court administration, and the office for the
    12  prevention  of domestic violence, shall develop a comprehensive plan for
    13  the establishment and maintenance of a statewide  computerized  registry
    14  of all orders of protection issued pursuant to articles four, five, six,
    15  eight  and  ten  of the family court act, section 530.12 of the criminal
    16  procedure law and, insofar as they involve victims of domestic  violence
    17  as  defined  by section four hundred fifty-nine-a of the social services
    18  law, section 530.13 of the  criminal  procedure  law  and  sections  two
    19  hundred  forty  and  two hundred fifty-two of the domestic relations law
    20  and those orders of protection which  a  court  orders  filed  with  the
    21  registry  pursuant to subdivision five of section 530.13 of the criminal
    22  procedure  law,  and  any  warrant  arising  therefrom,  and  orders  of
    23  protection  issued by courts of competent jurisdiction in another state,
    24  territorial or tribal jurisdiction, special orders of conditions  issued
    25  pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one
    26  of  section 330.20 of the criminal procedure law insofar as they involve
    27  a victim or victims of domestic violence as defined by  subdivision  one
    28  of  section  four  hundred  fifty-nine-a of the social services law or a
    29  designated witness or witnesses  to  such  domestic  violence,  and  all
    30  warrants  issued  pursuant to sections one hundred fifty-three and eight
    31  hundred twenty-seven of the family  court  act,  and  arrest  and  bench
    32  warrants as defined in subdivisions twenty-eight, twenty-nine and thirty
    33  of  section 1.20 of the criminal procedure law, insofar as such warrants
    34  pertain to orders of  protection  or  temporary  orders  of  protection;
    35  provided,  however, that warrants issued pursuant to section one hundred
    36  fifty-three of the family court act pertaining  to  articles  three  and
    37  seven  of  such  act  and  section  530.13 of the criminal procedure law
    38  except as provided for in this subdivision shall not be included in  the
    39  registry.  The superintendent shall establish and maintain such registry
    40  for the purposes of ascertaining the existence of orders of  protection,
    41  temporary  orders  of  protection, warrants and special orders of condi-
    42  tions, and for enforcing the provisions of paragraph (b) of  subdivision
    43  four of section 140.10 of the criminal procedure law.
    44    §  3. This act shall take effect on the first of October next succeed-
    45  ing the date on which it shall have become a law.
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