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A03226 Summary:

BILL NOA03226A
 
SAME ASSAME AS S03394-A
 
SPONSORGonzalez-Rojas
 
COSPNSRHevesi, Lee, Rosenthal, Epstein, Griffin, Woerner, Seawright, Davila, Shimsky, Lavine, Gallagher, Cunningham, Cruz, McMahon, Jackson, Slater, Raga, Yeger, Simone, Glick, Lunsford, Sayegh, Steck, Taylor, Tapia, Alvarez, Beephan, Mamdani, Simon, Kassay
 
MLTSPNSR
 
Add Art 63-B §§6349 - 6357, amd §8018, CPLR; amd §§120.14 & 215.51, Pen L; amd §140.10, CP L; amd §212, Judy L; amd §221-a, Exec L
 
Enacts the "ceasing repeated and extremely egregious predatory (CREEP) behavior act"; provides for the issuance of anti-stalking orders.
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A03226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3226--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by M. of A. GONZALEZ-ROJAS, HEVESI, LEE, ROSENTHAL, EPSTEIN,
          GRIFFIN,  WOERNER,  SEAWRIGHT,  DAVILA,  SHIMSKY,  LAVINE,  GALLAGHER,
          CUNNINGHAM,  CRUZ,  McMAHON,  JACKSON,  SLATER,  RAGA,  YEGER, SIMONE,
          GLICK, LUNSFORD,  SAYEGH,  STECK,  TAYLOR,  TAPIA,  ALVAREZ,  BEEPHAN,
          MAMDANI,  SIMON,  KASSAY -- read once and referred to the Committee on
          Judiciary -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the civil practice law and rules, the penal law, the
          criminal procedure law, the judiciary law and the  executive  law,  in
          relation to anti-stalking orders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "ceasing
     2  repeated and extremely egregious predatory (CREEP) behavior act".
     3    § 2. The civil practice law and rules is amended by adding a new arti-
     4  cle 63-B to read as follows:
 
     5                                ARTICLE 63-B
     6                            ANTI-STALKING ORDERS
 
     7  Section 6349. Definitions.
     8          6350. Special proceeding for an anti-stalking order.
     9          6351. Temporary anti-stalking order.
    10          6352. Final anti-stalking order.
    11          6353. Issuance of an anti-stalking order.
    12          6354.  Reconsideration  and  modification  of  an  anti-stalking
    13                          order.
    14          6355. Enforcement.
    15          6356. Filing and enforcement of out-of-state orders.
    16          6357. Virtual proceedings.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06824-07-5

        A. 3226--A                          2

     1    § 6349. Definitions. For the purposes of this article:
     2    1.  "Anti-stalking  order"  shall  mean an order of protection, either
     3  temporary or final, that entitles the petitioner to certain  protections
     4  prescribed  in  sections  sixty-three  hundred  fifty-one or sixty-three
     5  hundred fifty-two of this article. An anti-stalking  order  shall  be  a
     6  form  of  an order of protection and the terms "anti-stalking order" and
     7  "order of protection" may be used interchangeably throughout this  arti-
     8  cle.
     9    2.  "Connected device" shall mean any device, or other physical object
    10  that is capable of connecting to the internet, directly  or  indirectly,
    11  and that is assigned an internet protocol address or bluetooth address.
    12    3.  "Course  of  conduct" shall mean two or more acts over a period of
    13  time, however short, which evidence a continuity  of  purpose,  with  at
    14  least  one act occurring within the ninety days prior to the filing of a
    15  petition under section sixty-three hundred  fifty  of  this  article.  A
    16  course of conduct shall not include conduct that was necessary to accom-
    17  plish  a  legitimate  purpose  independent  of  making  contact with the
    18  targeted person.
    19    4. "Stalking" and "stalked" shall mean when the  respondent  purposely
    20  or  knowingly  engages in a course of conduct targeted at the petitioner
    21  which would constitute stalking in the first  degree,  as  described  in
    22  section  120.60  of  the  penal  law,  stalking in the second degree, as
    23  described in section 120.55 of the penal  law,  stalking  in  the  third
    24  degree, as described in section 120.50 of the penal law, stalking in the
    25  fourth degree, as described in section 120.45 of the penal law, menacing
    26  in  the  second degree, as described in section 120.14 of the penal law,
    27  menacing in the third degree, as described  in  section  120.15  of  the
    28  penal  law,  assault in the first degree, as described in section 120.10
    29  of the penal law, assault in the second degree, as described in  section
    30  120.05  of  the  penal law, assault in the third degree, as described in
    31  section 120.00 of the penal law, an attempted assault, harassment in the
    32  first degree, as described in section 240.25 of the penal  law,  harass-
    33  ment  in  the second degree, as described in section 240.26 of the penal
    34  law, aggravated harassment in the first degree, as described in  section
    35  240.31  of the penal law, aggravated harassment in the second degree, as
    36  described in section 240.30 of the penal law, unlawful dissemination  or
    37  publication  of an intimate image, as described in section 245.15 of the
    38  penal law, reckless endangerment in the first degree,  as  described  in
    39  section  120.25  of  the  penal law, reckless endangerment in the second
    40  degree, as described in section 120.20 of the penal law, identity  theft
    41  in  the  first  degree, as described in section 190.80 of the penal law,
    42  identity theft in the second degree, as described in section  190.79  of
    43  the  penal  law,  identity  theft  in  the third degree, as described in
    44  section 190.78 of the penal  law,  coercion  in  the  first  degree,  as
    45  described  in  section  135.65  of the penal law, coercion in the second
    46  degree, as described in section 135.61 of the penal law, and/or coercion
    47  in the third degree, as described in section 135.60 of the penal law.
    48    § 6350. Special proceeding for an anti-stalking order. 1. The  supreme
    49  court  shall have jurisdiction over special proceedings under this arti-
    50  cle.
    51    2. A special proceeding under this article may  be  commenced  in  the
    52  county  in which the acts referred to in the petition allegedly occurred
    53  or in which any party resides. If the  petitioner  fled  their  original
    54  residence  to avoid stalking, the special proceeding may be commenced in
    55  the county of the petitioner's original residence or in  the  county  of
    56  their new residence.

        A. 3226--A                          3
 
     1    3.  No  anti-stalking order shall be issued between a petitioner and a
     2  respondent who are members of the same family or household, as that term
     3  is defined in subdivision one of section eight  hundred  twelve  of  the
     4  family court act.
     5    4. A petition filed under this article shall contain:
     6    (a) an allegation that the respondent stalked the petitioner;
     7    (b) the relationship of the respondent to the petitioner, if any; and
     8    (c) a request for an order of protection.
     9    §  6351. Temporary anti-stalking order. 1. Upon application of a peti-
    10  tioner, and for good cause shown, the court may issue a temporary  anti-
    11  stalking  order without notice to the respondent upon a finding that the
    12  respondent likely poses an immediate threat to the safety or welfare  of
    13  the  petitioner,  a member of the petitioner's household, or a companion
    14  animal, as that term is defined in subdivision  five  of  section  three
    15  hundred  fifty  of  the  agriculture and markets law, that is possessed,
    16  kept, or held by the petitioner.
    17    2. The court shall rule on the application for a temporary anti-stalk-
    18  ing order in a written decision on the same day that the application  is
    19  filed or the next day that the court is open.
    20    3. A temporary anti-stalking order issued pursuant to this section may
    21  require that the respondent:
    22    (a)  cease  all  contact, by electronic means, telephone, mail, or any
    23  other means, with the petitioner and/or another person;
    24    (b) refrain from following,  monitoring,  or  keeping  the  petitioner
    25  under  physical  or  electronic surveillance, or using telephonic, audi-
    26  ovisual, or other electronic means to monitor the actions, location,  or
    27  communication of the petitioner and/or another person;
    28    (c)  refrain from remotely controlling any connected devices affecting
    29  the home, vehicle, or property of the petitioner and/or another person;
    30    (d) stay away from the home, school, business, motor vehicle, or place
    31  of employment of the petitioner and/or any other person,  or  any  other
    32  specified location as designated by the court; and/or
    33    (e) engage or cease engaging in any other  behavior  which  the  court
    34  determines  will  meet the objective of protecting the petitioner, until
    35  the date of the hearing on a final  anti-stalking  order.  Such  hearing
    36  shall be scheduled as soon as practicable.  Any requirements in a tempo-
    37  rary  anti-stalking  order  imposed  on  the  respondent which involve a
    38  person other than the petitioner may only be made if and to  the  extent
    39  that such requirements further the purpose of protecting the petitioner.
    40    §  6352.  Final anti-stalking order. 1.  If the court, after notice to
    41  the respondent and a hearing, finds that the allegations of the petition
    42  are supported by a fair preponderance of the  evidence,  the  court  may
    43  issue  a  final  anti-stalking  order.   A final anti-stalking order may
    44  require that the respondent:
    45    (a) cease all contact, by electronic means, telephone,  mail,  or  any
    46  other means, with the petitioner and/or another person;
    47    (b)  refrain  from  following,  monitoring,  or keeping the petitioner
    48  under physical or electronic surveillance, or  using  telephonic,  audi-
    49  ovisual,  or other electronic means to monitor the actions, location, or
    50  communication of the petitioner and/or another person;
    51    (c) refrain from remotely controlling any connected devices  affecting
    52  the home, vehicle, or property of the petitioner and/or another person;
    53    (d) stay away from the home, school, business, motor vehicle, or place
    54  of  employment  of  the petitioner and/or any other person, or any other
    55  specified location as designated by the court;

        A. 3226--A                          4
 
     1    (e) pay the reasonable  counsel  fees  and  disbursement  involved  in
     2  obtaining  or enforcing the anti-stalking order which the petitioner has
     3  sought; and/or
     4    (f)  engage  or  cease  engaging in any other behavior which the court
     5  determines will meet the objective of protecting the petitioner,  for  a
     6  period  of  time not in excess of five years. The duration of any tempo-
     7  rary anti-stalking order shall not by itself be a factor in  determining
     8  the  length  or issuance of any final anti-stalking order.  Any require-
     9  ments in a final anti-stalking order imposed  on  the  respondent  which
    10  involve  a  person  other than the petitioner may only be made if and to
    11  the extent that such requirements further the purpose of protecting  the
    12  petitioner.  The  court may, upon motion, extend the order of protection
    13  for a reasonable period of time upon a showing of good cause or  consent
    14  of the parties.
    15    § 6353. Issuance of an anti-stalking order.  1. An anti-stalking order
    16  issued  pursuant  to this article shall bear in a conspicuous manner the
    17  term "order of protection" or "temporary order  of  protection"  as  the
    18  case may be and a copy shall be filed by the clerk of the court with the
    19  sheriff's  office  in the county in which the petitioner resides, or, if
    20  the petitioner resides within a city, with the police department of such
    21  city. The anti-stalking order shall also contain the  following  notice:
    22  "This  order  of  protection will remain in effect even if the protected
    23  party has, or consents to have, contact or communication with the  party
    24  against  whom  the order is issued. This order of protection can only be
    25  modified or terminated by the court.  The protected party cannot be held
    26  to violate this order nor be arrested for violating  this  order.".  The
    27  absence  of  such  language shall not affect the validity of such order.
    28  Such anti-stalking order shall plainly state the date  that  such  order
    29  expires,  if  temporary, or, if the order is a final anti-stalking order
    30  issued pursuant to section sixty-three hundred fifty-two of  this  arti-
    31  cle, the length of such order.
    32    2.  The court shall notify the division of state police, any other law
    33  enforcement agency with jurisdiction,  and  the  statewide  computerized
    34  registry  of  orders of protection and warrants of arrest referred to in
    35  section two hundred twenty-one-a of the executive law of the issuance of
    36  an anti-stalking order and provide a copy of such order  no  later  than
    37  the next business day after issuing the order to such division and agen-
    38  cy.  The  court  also shall promptly notify such division and agency and
    39  provide a copy of any order modifying  or  vacating  such  anti-stalking
    40  order no later than the next business day after issuing the order.
    41    3.  The chief administrator of the courts shall promulgate appropriate
    42  uniform temporary anti-stalking order forms, applicable  to  proceedings
    43  under this article, to be used throughout the state. Such forms shall be
    44  promulgated  and  developed  in  a manner to ensure the compatibility of
    45  such forms with the statewide computerized registry established pursuant
    46  to section two hundred twenty-one-a of the executive law.
    47    § 6354. Reconsideration and modification of  an  anti-stalking  order.
    48  For  good  cause  shown,  the court may, after a hearing, reconsider and
    49  modify any order issued under section sixty-three hundred fifty-three of
    50  this article.
    51    § 6355. Enforcement. 1.  Any  violations  of  an  anti-stalking  order
    52  issued  by  a court under this article shall be subject to the penalties
    53  of sections 120.14, 215.50, 215.51, and 215.52  of  the  penal  law,  as
    54  prescribed by such sections.

        A. 3226--A                          5
 
     1    2.  Any  anti-stalking order issued under this article is a mandate of
     2  the court for purposes of the offense of criminal contempt  in  subdivi-
     3  sion three of section 215.50 of the penal law.
     4    3.  In  any proceeding in which an anti-stalking order has been issued
     5  under this article, the clerk of the court shall issue to the petitioner
     6  and respondent and respondent's counsel and to any other person affected
     7  by the order a copy of the anti-stalking order and ensure that a copy of
     8  the anti-stalking order be transmitted,  if  applicable,  to  the  local
     9  correctional  facility  where the individual is or will be detained, the
    10  state or local correctional facility where the individual is or will  be
    11  imprisoned,  and  the  supervising probation department or department of
    12  corrections and community supervision  where  the  individual  is  under
    13  probation  or  parole  supervision.  The  presentation of a copy of such
    14  order to any peace officer acting pursuant to their  special  duties  or
    15  police  officer  shall  constitute authority for them to arrest a person
    16  who has violated the terms of such order and bring  such  person  before
    17  the  court  and, otherwise, so far as lies within their power, to aid in
    18  securing the protection such order was intended to afford. The protected
    19  party in whose favor the anti-stalking order is issued may not  be  held
    20  to  violate an order issued in their favor, nor may such protected party
    21  be arrested for violating such order.
    22    § 6356. Filing and enforcement of out-of-state orders.    1.  A  valid
    23  order  of  protection  or temporary order of protection that is substan-
    24  tially similar to the anti-stalking  order  described  in  this  article
    25  which  is  issued  by  court of competent jurisdiction in another state,
    26  territorial, or tribal jurisdiction shall be  accorded  full  faith  and
    27  credit and enforced as if it were issued by a court within the state for
    28  as  long  as  the order remains in effect in the issuing jurisdiction in
    29  accordance with sections two thousand two  hundred  sixty-five  and  two
    30  thousand  two  hundred  sixty-six of title eighteen of the United States
    31  Code.
    32    2. An order issued by a court of  competent  jurisdiction  in  another
    33  state, territorial, or tribal jurisdiction shall be deemed valid if:
    34    (a)  the  issuing court had personal jurisdiction over the parties and
    35  over the subject matter under the law of the issuing jurisdiction; and
    36    (b) the person against whom the order was issued had reasonable notice
    37  and an opportunity to be heard prior to issuance of the order; provided,
    38  however, that if the order was a temporary order of protection issued in
    39  the absence of such person, that notice  had  been  given  and  that  an
    40  opportunity  to be heard had been provided within a reasonable period of
    41  time after the issuance of the order.
    42    3. Notwithstanding the provisions of article fifty-four of this  chap-
    43  ter, an order of protection or temporary order of protection issued by a
    44  court of competent jurisdiction in another state, territorial, or tribal
    45  jurisdiction, accompanied by a sworn affidavit that upon information and
    46  belief  such  order  is in effect as written and has not been vacated or
    47  modified, may be filed without fee with the clerk of the court.
    48    § 6357. Virtual proceedings. Any supreme court conducting a proceeding
    49  for a temporary or final anti-stalking  order  under  this  article  may
    50  conduct  such  proceedings  virtually,  provided that such proceeding is
    51  conducted in a manner consistent with  any  rules  and  regulations  for
    52  virtual proceedings promulgated by the chief administrator of the courts
    53  under section two hundred twelve of the judiciary law.
    54    § 3. Paragraph 6 of subdivision (b) of section 8018 of the civil prac-
    55  tice  law  and  rules, as amended by chapter 428 of the laws of 2023, is
    56  amended and a new paragraph 7 is added to read as follows:

        A. 3226--A                          6
 
     1    6. upon the filing of an application for an  extreme  risk  protection
     2  order  pursuant  to  article [sixty-three-a] sixty-three-A of this chap-
     3  ter[.]; or
     4    7.  upon  the filing of a petition for an anti-stalking order pursuant
     5  to article sixty-three-B of this chapter.
     6    § 4. Section 120.14 of the penal law, as amended by chapter 222 of the
     7  laws of 1994, subdivision 3 as amended by chapter 597  of  the  laws  of
     8  1998, is amended to read as follows:
     9  § 120.14 Menacing in the second degree.
    10    A person is guilty of menacing in the second degree when:
    11    1.  [He  or she] such person intentionally places or attempts to place
    12  another person in reasonable fear of physical injury,  serious  physical
    13  injury  or  death by displaying a deadly weapon, dangerous instrument or
    14  what appears to be a pistol, revolver, rifle, shotgun,  machine  gun  or
    15  other firearm; or
    16    2. [He or she] Such person repeatedly follows a person or engages in a
    17  course  of  conduct  or  repeatedly  commits  acts over a period of time
    18  intentionally placing or attempting to place another person  in  reason-
    19  able fear of physical injury, serious physical injury or death; or
    20    3.  [He or she] Such person commits the crime of menacing in the third
    21  degree in violation of that part of a duly served order  of  protection,
    22  or such order which the defendant has actual knowledge of because [he or
    23  she]  such  defendant  was  present in court when such order was issued,
    24  pursuant to article eight of the family court act, section 530.12 of the
    25  criminal procedure law, article sixty-three-B of the civil practice  law
    26  and  rules,  or  an  order  of protection issued by a court of competent
    27  jurisdiction in another state, territorial or tribal jurisdiction, which
    28  directed the respondent or defendant to stay away  from  the  person  or
    29  persons on whose behalf the order was issued.
    30    Menacing in the second degree is a class A misdemeanor.
    31    § 5. Section 215.51 of the penal law, as amended by chapter 222 of the
    32  laws  of  1994,  subdivision  (b) as added by chapter 353 of the laws of
    33  1996, the opening paragraph of subdivision (b) and  subdivision  (d)  as
    34  amended  by  chapter 597 of the laws of 1998, subdivision (c) as amended
    35  by chapter 349 of the laws of 2006, is amended to read as follows:
    36  § 215.51 Criminal contempt in the first degree.
    37    A person is guilty of criminal contempt in the first degree when:
    38    (a) [he] such person contumaciously and unlawfully refuses to be sworn
    39  as a witness before a grand jury, or, when after having been sworn as  a
    40  witness  before  a  grand  jury,  [he] such person refuses to answer any
    41  legal and proper interrogatory; or
    42    (b) in violation of a duly served order of protection, or  such  order
    43  of  which  the  defendant  has actual knowledge because [he or she] such
    44  defendant was present in court when such order was issued, or  an  order
    45  of  protection  issued  by  a court of competent jurisdiction in this or
    46  another state, territorial or tribal  jurisdiction,  [he  or  she]  such
    47  defendant:
    48    (i)  intentionally  places  or  attempts  to  place a person for whose
    49  protection such order was issued in reasonable fear of physical  injury,
    50  serious  physical injury or death by displaying a deadly weapon, danger-
    51  ous instrument or what appears to be a pistol, revolver, rifle, shotgun,
    52  machine gun or other firearm or by means of a threat or threats; or
    53    (ii) intentionally places or attempts to  place  a  person  for  whose
    54  protection  such order was issued in reasonable fear of physical injury,
    55  serious physical injury, or death by repeatedly following such person or

        A. 3226--A                          7
 
     1  engaging in a course of conduct or repeatedly  committing  acts  over  a
     2  period of time; or
     3    (iii)  intentionally  places  or  attempts to place a person for whose
     4  protection such order was issued in reasonable fear of physical  injury,
     5  serious physical injury, or death when [he or she] such defendant commu-
     6  nicates  or  causes  a communication to be initiated with such person by
     7  mechanical or electronic means or otherwise, anonymously  or  otherwise,
     8  by telephone, or by telegraph, mail, or any other form of written commu-
     9  nication; or
    10    (iv)  with  intent  to  harass,  annoy, threaten or alarm a person for
    11  whose protection such order was issued, repeatedly makes telephone calls
    12  to such person, whether or not a conversation ensues, with no purpose of
    13  legitimate communication; or
    14    (v) with intent to harass, annoy, threaten or alarm a person for whose
    15  protection such order was issued, strikes, shoves,  kicks  or  otherwise
    16  subjects  such other person to physical contact or attempts or threatens
    17  to do the same; or
    18    (vi) by physical menace, intentionally places or attempts to  place  a
    19  person  for whose protection such order was issued in reasonable fear of
    20  death, imminent serious physical injury, or physical injury.
    21    (c) [he or she] such defendant commits the crime of criminal  contempt
    22  in  the  second degree as defined in subdivision three of section 215.50
    23  of this article by violating  that  part  of  a  duly  served  order  of
    24  protection,  or  such  order of which the defendant has actual knowledge
    25  because [he or she] such defendant was present in court when such  order
    26  was  issued,  under sections two hundred forty and two hundred fifty-two
    27  of the domestic relations law, articles four, five, six and eight of the
    28  family court act, [and] section 530.12 of the  criminal  procedure  law,
    29  and  article  sixty-three-B  of  the civil practice law and rules, or an
    30  order of protection issued by  a  court  of  competent  jurisdiction  in
    31  another  state,  territorial, or tribal jurisdiction, which requires the
    32  respondent or defendant to stay away from the person or persons on whose
    33  behalf the order was issued, and where the defendant has been previously
    34  convicted of the crime  of  aggravated  criminal  contempt  or  criminal
    35  contempt  in  the  first  or  second  degree  for  violating an order of
    36  protection as described herein within the preceding five years; or
    37    (d) in violation of a duly served order of protection, or  such  order
    38  of  which  the  defendant  has actual knowledge because [he or she] such
    39  defendant was present in court when such order was issued, or  an  order
    40  issued  by  a  court of competent jurisdiction in this or another state,
    41  territorial or tribal jurisdiction, [he or she]  such  defendant  inten-
    42  tionally  or  recklessly  damages  the  property  of  a person for whose
    43  protection such order was issued in  an  amount  exceeding  two  hundred
    44  fifty dollars.
    45    Criminal contempt in the first degree is a class E felony.
    46    § 6. Subdivision 4 of section 140.10 of the criminal procedure law, as
    47  added  by  chapter  222 of the laws of 1994, paragraph (a) as amended by
    48  chapter 511 of the laws of 1996, paragraph (b) as amended by chapter 107
    49  of the laws of 2004, paragraph (c) and the third undesignated  paragraph
    50  as  amended  by  chapter  4 of the laws of 1997, the second undesignated
    51  paragraph as added by chapter 480 of the laws of 2013, and  the  closing
    52  paragraph  as  amended by chapter 224 of the laws of 1994, is amended to
    53  read as follows:
    54    4. Notwithstanding any other provisions  of  this  section,  a  police
    55  officer  shall  arrest  a person, and shall not attempt to reconcile the

        A. 3226--A                          8
 
     1  parties or mediate, where such officer has reasonable cause  to  believe
     2  that:
     3    (a)  a  felony,  other  than  subdivision  three, four, nine or ten of
     4  section 155.30 of the penal law,  has  been  committed  by  such  person
     5  against  a member of the same family or household, as member of the same
     6  family or household is defined in subdivision one of section  530.11  of
     7  this chapter; or
     8    (b) a duly served order of protection, anti-stalking order, or special
     9  order of conditions issued pursuant to subparagraph (i) or (ii) of para-
    10  graph  (o)  of  subdivision  one of section 330.20 of this chapter is in
    11  effect, or an order of which the  respondent  or  defendant  has  actual
    12  knowledge  because  [he  or she] the defendant was present in court when
    13  such order was issued, where the order appears to have been issued by  a
    14  court of competent jurisdiction of this or another state, territorial or
    15  tribal jurisdiction; and
    16    (i) Such order directs that the respondent or defendant stay away from
    17  persons  on  whose  behalf  the  order of protection or special order of
    18  conditions has been issued and the respondent or defendant committed  an
    19  act or acts in violation of such "stay away" provision of such order; or
    20    (ii)  The  respondent or defendant commits a family offense as defined
    21  in subdivision one of section eight hundred twelve of the  family  court
    22  act or subdivision one of section 530.11 of this chapter in violation of
    23  such order of protection or special order of conditions.
    24    The  provisions  of  this  subdivision  shall  apply only to orders of
    25  protection issued pursuant to sections two hundred forty and two hundred
    26  fifty-two of the domestic relations law, articles four,  five,  six  and
    27  eight  of  the  family  court  act  and  section 530.12 of this chapter,
    28  special orders of conditions issued pursuant to subparagraph (i) or (ii)
    29  of paragraph (o) of subdivision one of section 330.20  of  this  chapter
    30  insofar  as  they  involve  a  victim or victims of domestic violence as
    31  defined by subdivision one of section four hundred fifty-nine-a  of  the
    32  social  services law or a designated witness or witnesses to such domes-
    33  tic violence, anti-stalking orders issued  pursuant  to  article  sixty-
    34  three-B of the civil practice law and rules, and to orders of protection
    35  issued by courts of competent jurisdiction in another state, territorial
    36  or  tribal  jurisdiction. In determining whether reasonable cause exists
    37  to make an arrest for a violation of an  order  issued  by  a  court  of
    38  another  state,  territorial  or  tribal jurisdiction, the officer shall
    39  consider, among other factors, whether the order, if available,  appears
    40  to  be  valid on its face or whether a record of the order exists on the
    41  statewide registry of orders  of  protection  and  warrants  established
    42  pursuant to section two hundred twenty-one-a of the executive law or the
    43  protection  order  file  maintained  by  the  national crime information
    44  center; provided, however, that entry of  the  order  of  protection  or
    45  special  order of conditions into the statewide registry or the national
    46  protection order file shall not  be  required  for  enforcement  of  the
    47  order.  When  a special order of conditions is in effect and a defendant
    48  or respondent has been taken into custody pursuant  to  this  paragraph,
    49  nothing  contained  in  this paragraph shall restrict or impair a police
    50  officer from acting pursuant to section 9.41 of the mental hygiene  law;
    51  or
    52    (c)  a  misdemeanor  constituting  a  family  offense, as described in
    53  subdivision one of section 530.11 of  this  chapter  and  section  eight
    54  hundred  twelve  of  the  family  court  act, has been committed by such
    55  person against such  family  or  household  member,  unless  the  victim
    56  requests  otherwise. The officer shall neither inquire as to whether the

        A. 3226--A                          9
 
     1  victim seeks an arrest of such person nor threaten  the  arrest  of  any
     2  person for the purpose of discouraging requests for police intervention.
     3  Notwithstanding  the  foregoing, when an officer has reasonable cause to
     4  believe that more than one family or household member has committed such
     5  a  misdemeanor,  the officer is not required to arrest each such person.
     6  In such circumstances, the officer shall attempt to identify and  arrest
     7  the  primary  physical  aggressor after considering: (i) the comparative
     8  extent of any injuries inflicted by and between the parties; (ii) wheth-
     9  er any such person is threatening or has threatened future harm  against
    10  another  party  or another family or household member; (iii) whether any
    11  such person has a prior history of domestic violence  that  the  officer
    12  can  reasonably ascertain; and (iv) whether any such person acted defen-
    13  sively to protect [himself or herself] themself from injury. The officer
    14  shall evaluate each complaint separately to determine who is the primary
    15  physical aggressor and shall not base the decision to arrest or  not  to
    16  arrest  on  the  willingness of a person to testify or otherwise partic-
    17  ipate in a judicial proceeding.
    18    The protected party in whose  favor  the  order  of  protection  [or],
    19  temporary  order of protection, or anti-stalking order is issued may not
    20  be held to violate an order issued in [his or her] their favor  nor  may
    21  such protected party be arrested for violating such order.
    22    Nothing  contained  in this subdivision shall be deemed to (a) require
    23  the arrest of any  person  when  the  officer  reasonably  believes  the
    24  person's  conduct is justifiable under article thirty-five of title C of
    25  the penal law; or (b) restrict or impair the authority  of  any  munici-
    26  pality,  political  subdivision,  or  the  division of state police from
    27  promulgating rules, regulations and policies  requiring  the  arrest  of
    28  persons in additional circumstances where domestic violence has alleged-
    29  ly occurred.
    30    No  cause  of action for damages shall arise in favor of any person by
    31  reason of any arrest made by a police officer pursuant to this  subdivi-
    32  sion,  except  as  provided  in  sections  seventeen and eighteen of the
    33  public officers law and sections fifty-k, fifty-l, fifty-m  and  fifty-n
    34  of the general municipal law, as appropriate.
    35    § 7. The opening paragraphs of paragraphs (t) and (t-1) of subdivision
    36  2  of section 212 of the judiciary law, as added by section 2 of part BB
    37  of chapter 55 of the laws of 2017, are amended to read as follows:
    38    Make available translation services to all family and  supreme  courts
    39  to  assist  in  the  translation  of  orders of protection and temporary
    40  orders of protection, including a temporary or final anti-stalking order
    41  issued pursuant to article sixty-three-B of the civil practice  law  and
    42  rules,  as  provided  in  this  paragraph, where the person protected by
    43  and/or the person subject to the order of protection has limited English
    44  proficiency or has a limited ability to read English:
    45    Issue reports concerning  the  availability  of  translation  services
    46  where orders of protection and temporary orders of protection, including
    47  a  temporary  or  final  anti-stalking  order issued pursuant to article
    48  sixty-three-B of the civil practice law and rules, are  issued;  special
    49  pilot programs.
    50    §  8.  Subdivision 1 of section 221-a of the executive law, as amended
    51  by chapter 427 of the laws of 2024, is amended to read as follows:
    52    1. The superintendent, in consultation with the division  of  criminal
    53  justice services, office of court administration, and the office for the
    54  prevention  of domestic violence, shall develop a comprehensive plan for
    55  the establishment and maintenance of a statewide  computerized  registry
    56  of all orders of protection issued pursuant to articles four, five, six,

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     1  eight  and  ten  of the family court act, section 530.12 of the criminal
     2  procedure law and, insofar as they involve victims of domestic  violence
     3  as  defined  by section four hundred fifty-nine-a of the social services
     4  law,  section  530.13  of  the  criminal  procedure law and sections two
     5  hundred forty and two hundred fifty-two of the domestic  relations  law,
     6  extreme  risk protection orders issued pursuant to article sixty-three-A
     7  of the civil practice law and rules, anti-stalking orders issued  pursu-
     8  ant  to  article  sixty-three-B of the civil practice law and rules, and
     9  orders of protection issued  by  courts  of  competent  jurisdiction  in
    10  another  state,  territorial  or  tribal jurisdiction, special orders of
    11  conditions issued pursuant to subparagraph (i) or (ii) of paragraph  (o)
    12  of subdivision one of section 330.20 of the criminal procedure law inso-
    13  far  as they involve a victim or victims of domestic violence as defined
    14  by subdivision one of section four hundred fifty-nine-a  of  the  social
    15  services  law  or  a  designated  witness  or witnesses to such domestic
    16  violence, and all warrants  issued  pursuant  to  sections  one  hundred
    17  fifty-three  and eight hundred twenty-seven of the family court act, and
    18  arrest and bench warrants as defined in subdivisions twenty-eight, twen-
    19  ty-nine and thirty of section 1.20 of the criminal procedure law,  inso-
    20  far as such warrants pertain to orders of protection or temporary orders
    21  of  protection;  provided,  however,  that  warrants  issued pursuant to
    22  section one hundred fifty-three of the family court  act  pertaining  to
    23  articles  three and seven of such act and section 530.13 of the criminal
    24  procedure law shall not be included in the registry. The  superintendent
    25  shall  establish  and  maintain such registry for the purposes of ascer-
    26  taining the existence of  orders  of  protection,  temporary  orders  of
    27  protection, warrants and special orders of conditions, and for enforcing
    28  the provisions of paragraph (b) of subdivision four of section 140.10 of
    29  the criminal procedure law.
    30    § 9. This act shall take effect on the one hundred eightieth day after
    31  it  shall  have  become a law; provided, however, that the amendments to
    32  subdivision 4 of section 140.10 of the criminal procedure  law  made  by
    33  section  six of this act shall not affect the repeal of such subdivision
    34  and shall expire and be deemed repealed therewith.
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