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A03093 Summary:

BILL NOA03093
 
SAME ASSAME AS S00375
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Add 530.13-a, CP L; add 153-d, Fam Ct Act
 
Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.
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A03093 Actions:

BILL NOA03093
 
01/28/2019referred to codes
01/08/2020referred to codes
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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
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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.
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