Expands upon conditions which may be included in an order of protection issued for victims of domestic violence; 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7393
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the criminal procedure law and the family court act, in
relation to orders of protection
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:
2023-2024 A3617 referred to codes
2022 01/05/22 A1882 referred to codes
2019-2020 A2082 referred to codes
2017-2018 A760 referred to Codes
2015-2016 A1363 referred to codes
2013-14 A579 referred to codes
2012:A 2840 referred to codes
2010:A 2602 referred to codes
1997-1998 - S.7303 - Referred to Codes Committee
1999-2000 - S.1012 - Passed Senate
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
7393
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
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. Paragraph (a) of subdivision 1 of section 530.12 of the
2 criminal procedure law is amended by adding five new subparagraphs
3 (2-a), (2-b), (2-c), (2-d) and (2-e) to read as follows:
4 (2-a) 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 (2-b) 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 (2-c) 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.
LBD10246-01-5
A. 7393 2
1 expenses, reasonable attorneys' fees, court costs, and compensation for
2 pain and suffering;
3 (2-d) 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 (2-e) 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 attorneys' 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. 7393 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 attorneys' 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 attorneys' 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. 7393 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 attorneys' 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 travel
A. 7393 5
1 expenses, reasonable attorneys' 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.
