•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A03093 Summary:

A03093 Actions:

A03093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3093
 
SPONSOR: Ortiz

 
TITLE OF BILL:  An act to amend the criminal procedure law and the
family court act, in relation to notification of service of ex parte
orders of protection
 
 
PURPOSE:
 
This bill would provide for the immediate notification to a complainant,
in the manner specified by the complainant, of the service of an ex
parte order of protection.
 
 
SUMMARY OF PROVISIONS:
 
The criminal procedure law is amended by adding a new section 530.13-a
to include the right of notification of service of an ex parte order of
protection and to require the court to inform all complainants of their
right to be notified upon service of the order.
 
The family court act is amended by adding a new section 153-d to also
include the same notification of service of an ex parte order of
protection.
 
 
JUSTIFICATION:
 
Access to information is a vital and important concern for crime
victims. In 1993, a young woman was murdered by her former boyfriend
because she did not know that he had been released from jail. Her murder
led to the creation of the automated victim notification system which
over thirty states have adopted, including New York. New York has not
taken the next step, however, by extending these automated notifications
to include protective orders. Thousands of victims are killed or
harassed each year immediately after an order of protection is served on
their abuser. By including protective orders, victims are notified when
they are in the greatest danger, and criminal justice agencies are given
new tools to assist them during this vulnerable time. Notification can
be by mail, telephone, E-mail, or other means of electronic communi-
cation. This notification will provide security and peace of mind by
ensuring victims are notified in real time when their protection order
request has been served.
 
Congress has already approved millions of dollars to help states expand
their victim notification systems, and the Bureau of Justice Assistance
within the U S. Department of Justice has made these grants available to
states. By passing this legislation, New York would become eligibile for
funding to implement this new notification system.
 
 
LEGISLATIVE HISTORY:
 
2017/18: A4370 Referred to Codes
2015/16: A10094 Referred to Codes
2013/14: S.3622 PASSED SENATE/No Same As - Ref to Codes
2011/12: A.3677 - Referred to Codes/S.2642 - PASSED SENATE
2010: S.733 - Referred to Codes/A.10663 - Ref to Codes
2009: S.733 Referred to Codes/A.10663 - Ref to Codes
2008: S.7052A - PASSED SENATE
 
 
FISCAL IMPLICATIONS:
None
 
 
EFFECTIVE DATE:
60 days after enactment

A03093 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3093
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2019
                                       ___________
 
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the criminal procedure law and the family court act,  in
          relation to notification of service of ex parte orders of protection
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 530.13-a to read as follows:
     3  § 530.13-a Notification of service of ex parte order of protection.
     4    1. A complainant who is granted an ex parte order of protection by the
     5  court  and  a  complainant  who  requests  that  an  ex  parte  order of
     6  protection be granted by the court, who wishes to be notified when an ex
     7  parte order of protection is served  on  the  person  against  whom  the
     8  complaint  is  made, shall notify the court clerk of the manner in which
     9  he or she wishes to be notified. Notification by mail, telephone, e-mail
    10  or other means of electronic communication shall be used by  the  court,
    11  if  requested,  and if the court has the equipment to make such communi-
    12  cation.  The court shall inform all complainants who are granted  an  ex
    13  parte  order  of  protection  and  who  request  an  ex  parte  order of
    14  protection of their right to be notified when the order of protection is
    15  served.
    16    2. Notwithstanding any other provision of law  to  the  contrary,  any
    17  police  officer,  peace  officer  or other person who serves an ex parte
    18  order of protection on a person against whom a complaint has  been  made
    19  shall  immediately  notify  the clerk of the court which made said order
    20  that the service has been made. After notification to the clerk  of  the
    21  court  that service of an ex parte order of protection has been made, or
    22  upon service of such order by a court employee  upon  a  person  against
    23  whom a complaint has been made, the clerk of the court which issued such
    24  order  shall notify the complainant immediately, in the manner specified
    25  by the complainant, that such service has been made.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03505-01-9
        A. 3093                             2
 
     1    § 2. The family court act is amended by adding a new section 153-d  to
     2  read as follows:
     3    §  153-d. Notification of service of ex parte order of protection.  1.
     4  A complainant who is granted an ex parte  order  of  protection  by  the
     5  court  and  a  complainant  who  requests  that  an  ex  parte  order of
     6  protection be granted by the court, who wishes to be notified when an ex
     7  parte order of protection is served  on  the  person  against  whom  the
     8  complaint  is  made, shall notify the court clerk of the manner in which
     9  he or she wishes to be notified. Notification by mail, telephone, e-mail
    10  or other means of electronic communication shall be used by  the  court,
    11  if  requested,  and if the court has the equipment to make such communi-
    12  cation.  The court shall inform all complainants who are granted  an  ex
    13  parte  order  of  protection  and  who  request  an  ex  parte  order of
    14  protection of their right to be notified when the order of protection is
    15  served.
    16    2.  Notwithstanding any other provision of law to  the  contrary,  any
    17  police  officer,  peace  officer  or other person who serves an ex parte
    18  order of protection on a person against whom a complaint has  been  made
    19  shall  immediately  notify  the clerk of the court which made said order
    20  that the service has been made. After notification to the clerk  of  the
    21  court  that service of an ex parte order of protection has been made, or
    22  upon service of such order by a court employee  upon  a  person  against
    23  whom a complaint has been made, the clerk of the court which issued such
    24  order  shall notify the complainant immediately, in the manner specified
    25  by the complainant, that such service has been made.
    26    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    27  have become a law.