Establishes a pilot program for the filing of petitions for temporary orders of protection by electronic means and for issuance of such orders ex parte by audio-visual means.
STATE OF NEW YORK
________________________________________________________________________
4335
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. KOLB, MALLIOTAKIS, RAIA, STEC, GIGLIO, LUPINACCI,
McDONOUGH, HAWLEY, BROOK-KRASNY, MONTESANO, CROUCH, OAKS, FINCH,
PALMESANO, TEDISCO, WALTER, RA, CERETTO, CURRAN, PALUMBO -- Multi-
Sponsored by -- M. of A. BARCLAY, JOHNS, LOPEZ, MAGEE, McLAUGHLIN --
read once and referred to the Committee on Judiciary
AN ACT to amend the family court act and the judiciary law, in relation
to establishing a pilot program for the filing of petitions for tempo-
rary orders of protection by electronic means and for issuance of such
orders ex parte by audio-visual means; and to amend the executive law,
in relation to review and reports by the chief administrator of the
courts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 153-c of the family court act, as added by chapter
2 416 of the laws of 1981, is amended to read as follows:
3 § 153-c. Temporary order of protection. (a) Any person appearing at
4 family court when the court is open requesting a temporary order of
5 protection under any article of this act shall be entitled to file a
6 petition without delay on the same day such person first appears at the
7 family court, and a hearing on that request shall be held on the same
8 day or the next day that the family court is open following the filing
9 of such petition.
10 (b) As provided in this section, the chief administrator of the
11 courts, with the approval of the administrative board of the courts, may
12 promulgate rules to establish and implement a pilot program for the
13 filing of petitions for temporary orders of protection by electronic
14 means and for the issuance of such orders ex parte by audio-visual means
15 in order to accommodate litigants for whom attendance at court to file
16 for, and obtain, emergency relief would constitute an undue hardship or
17 to accommodate litigants, for whom traveling to and appearing in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02539-01-5
A. 4335 2
1 courthouse to obtain emergency relief, creates a risk of harm to such
2 litigant.
3 (1) Definitions. As used in this section:
4 (i) "Electronic means" means any method of transmission of information
5 between computers or other machines designed for the purpose of sending
6 and receiving such transmissions, and which allows the recipient to
7 reproduce the information transmitted in a tangible medium of
8 expression.
9 (ii) "Independent audio-visual system" means an electronic system for
10 the transmission and receiving of audio and visual signals, encompassing
11 encoded signals, frequency domain multiplexing or other suitable means
12 to preclude the unauthorized reception and decoding of the signals by
13 commercially available television receivers, channel converters, or
14 other available receiving devices.
15 (iii) "Electronic appearance" means an appearance in which one or more
16 of the parties are not present in the court, but in which, by means of
17 an independent audio-visual system, all of the participants are simul-
18 taneously able to see and hear reproductions of the voices and images of
19 the judge, counsel, parties, witnesses, if any and other participants.
20 (2) Development of a pilot program. A plan for a pilot program pursu-
21 ant to this section shall be developed by the chief administrator of the
22 courts or his or her delegate in consultation with one or more local
23 programs providing assistance to victims of domestic violence, the
24 office for the prevention of domestic violence, and attorneys who repre-
25 sent family offense petitions. The plan shall include, but is not
26 limited to:
27 (i) identification of one or more family justice centers or organiza-
28 tions or agencies or other sites outside of the local family court that
29 are equipped with, or have access to, an independent audio-visual system
30 and electronic means for filing documents that are compatible with the
31 equipment in the local family court, with consideration given to the
32 location of such site or sites and available resources; and
33 (ii) identification of one or more licensed and certified organiza-
34 tions, agencies or entities with advocates for victims of domestic
35 violence who are trained, and available to assist petitioners in prepar-
36 ing and filing petitions for temporary orders of protection and in their
37 electronic appearances before the family court to obtain such orders;
38 and
39 (iii) identification of the existing resources available in local
40 family courts for the implementation and oversight of the pilot program;
41 and
42 (iv) delineation of procedures for filing of the petitions and docu-
43 ments, if any, by electronic means, swearing in the petitioners and any
44 witnesses, preparation of a verbatim transcription of testimony
45 presented and a record of evidence adduced and prompt transmission of
46 any orders issued to the petitioners; and
47 (v) a timetable for implementation of the pilot program and plan for
48 informing the public of its availability; and
49 (vi) a description of data to be collected in order to evaluate and,
50 if necessary, make recommendations for improvements to the pilot
51 program.
52 (3) Filing by electronic means. In conjunction with an electronic
53 appearance under this section, petitioners for ex parte temporary orders
54 of protection may, with the assistance of trained advocates, commence
55 the proceedings by filing petitions by electronic means.
A. 4335 3
1 (i) A petitioner who seeks a temporary order of protection ex parte by
2 use of an electronic appearance must file a petition in advance of such
3 appearance and may do so by electronic means. The petitioner shall set
4 forth the circumstances in which traveling to or appearing in the court-
5 house would constitute an undue hardship, or create a risk of harm to
6 the petitioner. In granting or denying the relief sought by the peti-
7 tioner, the court shall state the names of all participants, and whether
8 it is granting or denying an appearance by electronic means and the
9 basis for such determination; provided, however, that nothing in this
10 section shall be construed to compel a party to file a petition or other
11 document by electronic means or to testify by means of an electronic
12 appearance.
13 (ii) Nothing in this section shall affect or change any existing laws
14 governing the service of process, including requirements for personal
15 service, or the sealing and confidentiality of court records in family
16 court proceedings, or access to court records by the parties to such
17 proceedings.
18 (4) (i) All electronic appearances by petitioners seeking temporary
19 orders of protection ex parte under this section shall be strictly
20 voluntary and the consent of such petitioners shall be given on the
21 record at the commencement of each appearance.
22 (ii) Appearances taken through the use of an electronic appearance
23 under this section shall be recorded and preserved for transcription.
24 Documentary evidence, if any, referred to by a party or witness or the
25 court may be transmitted and submitted and introduced by electronic
26 means.
27 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
28 adding a new paragraph (t) to read as follows:
29 (t) Have the power to establish pilot programs for the filing of
30 petitions for temporary orders of protection by electronic means and for
31 the issuance of such orders by audio-visual means pursuant to subdivi-
32 sion (b) of section one hundred fifty-three-c of the family court act.
33 The chief administrator shall maintain an up-to-date and publicly-avail-
34 able listing of the sites, if any, at which such applications for ex
35 parte temporary orders of protection may be filed, and at which elec-
36 tronic appearances in support of such applications may be sought, in
37 accordance with such section one hundred fifty-three-c of the family
38 court act. In developing such pilot program, the chief administrator
39 shall strive for a program that is regionally diverse, and takes into
40 consideration, among other things, the availability of public transpor-
41 tation, population density and the availability of facilities for
42 conducting such program.
43 § 3. Section 648 of the executive law, as added by chapter 893 of the
44 laws of 1986, is amended to read as follows:
45 § 648. Review; report and implementation. 1. The chief administrator
46 of the unified court system shall review court practices, procedures,
47 services, regulations and laws to determine the adequacy and appropri-
48 ateness of its services with respect to crime victims, including victims
49 with special needs, particularly the elderly, disabled or victims of
50 child abuse, domestic violence, sex trafficking or sex-related offenses.
51 Such review shall include reasonable opportunity for public comment and
52 consultation with crime victims or their representatives, and may
53 include public hearings.
54 2. After the review, and not later than two hundred seventy days after
55 the effective date of this section, and no later than two hundred seven-
56 ty days after the effective date of the chapter of the laws of two thou-
A. 4335 4
1 sand fifteen which amended this section, and every five years thereaft-
2 er, the chief administrator of the unified court system shall submit a
3 report to the governor and the legislature, setting forth the findings
4 of the review, including a description of the services provided by the
5 components of the unified court system and recommendations for changes
6 in its procedures, services, regulations and laws to improve its
7 services to crime victims and to establish and implement fair treatment
8 standards for crime victims.
9 3. Subject to the direction of the chief administrator, the components
10 of the unified court system shall expeditiously implement the recommen-
11 dations of its report.
12 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
13 sion, section or part of this act shall be adjudged by a court of compe-
14 tent jurisdiction to be invalid, such judgment shall not affect, impair
15 or invalidate the remainder thereof, but shall be confined in its opera-
16 tion to the clause, sentence, paragraph, subdivision, section or part
17 thereof directly involved in the controversy in which such judgment
18 shall have been rendered. It is hereby declared to be the intent of the
19 legislature that this act would have been enacted even if such invalid
20 provisions had not been included herein.
21 § 5. This act shall take effect March 1, 2016.
