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A06547 Summary:

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A06547 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6547--B
                                                                Cal. No. 167
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 8, 2013
                                       ___________
 
        Introduced by M. of A. WEINSTEIN, PAULIN, SCARBOROUGH, WEPRIN, GIBSON --
          Multi-Sponsored  by  --  M.  of A. ABBATE, BARRETT, BRENNAN, BUCHWALD,
          COOK, FAHY, GABRYSZAK, GALEF, GLICK, HIKIND, JACOBS, JAFFEE, MAGNAREL-
          LI, MAISEL, MILLMAN, NOLAN,  OTIS,  PERRY,  RIVERA,  ROSA,  ROSENTHAL,

          STECK,  TITONE,  TITUS  --  read once and referred to the Committee on
          Judiciary -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- passed by  Assembly  and  delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the special order  of  third
          reading
 
        AN ACT to amend the domestic relations law, the family court act and the
          criminal  procedure  law,  in  relation  to  the  scope  of  orders of
          protection and temporary 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 b of subdivision 3 of section 240 of the domestic

     2  relations law, as amended by chapter 597 of the laws of 1998, is amended
     3  and a new paragraph i is added to read as follows:
     4    b.  An  order of protection entered pursuant to this subdivision shall
     5  bear in a conspicuous manner, on the  front  page  of  said  order,  the
     6  language  "Order  of  protection  issued pursuant to section two hundred
     7  forty of the domestic relations law".   The order  of  protection  shall
     8  also contain the following notice: "This order of protection will remain
     9  in  effect even if the protected party has, or consents to have, contact
    10  or communication with the party against whom the order is  issued.  This
    11  order of protection can only be modified or terminated by the court. The
    12  protected party cannot be held to violate this order nor be arrested for

    13  violating  this  order.".  The absence of such language shall not affect
    14  the validity of such order.  The presentation of a copy of such an order
    15  to any peace officer acting pursuant to his or her  special  duties,  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10169-08-3
        A. 6547--B                          2
 
     1  police officer, shall constitute authority, for that officer to arrest a
     2  person  when  that  person  has violated the terms of such an order, and
     3  bring such person before the court and, otherwise, so far as lies within
     4  the  officer's  power,  to aid in securing the protection such order was
     5  intended to afford.

     6    i. The protected party in whose  favor  the  order  of  protection  or
     7  temporary  order of protection is issued may not be held to violate such
     8  an order nor may such protected party be  arrested  for  violating  such
     9  order.
    10    §  2.  Subdivision  2 of section 252 of the domestic relations law, as
    11  added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
    12  sion 9-a is added to read as follows:
    13    2.  An  order of protection entered pursuant to this subdivision shall
    14  bear in a conspicuous manner, on the  front  page  of  said  order,  the
    15  language  "Order  of  protection  issued pursuant to section two hundred
    16  fifty-two of the domestic relations law".  The order of protection shall
    17  also contain the following notice: "This order of protection will remain

    18  in effect even if the protected party has, or consents to have,  contact
    19  or  communication  with the party against whom the order is issued. This
    20  order of protection can only be modified or terminated by the court. The
    21  protected party cannot be held to violate this order nor be arrested for
    22  violating this order.". The absence of such language  shall  not  affect
    23  the validity of such order.  The presentation of a copy of such an order
    24  to  any  peace  officer acting pursuant to his or her special duties, or
    25  police officer, shall constitute authority, for that officer to arrest a
    26  person when that person has violated the terms of  such  an  order,  and
    27  bring such person before the court and, otherwise, so far as lies within
    28  the  officer's  power,  to aid in securing the protection such order was
    29  intended to afford.

    30    9-a.  The protected party in whose favor the order  of  protection  or
    31  temporary  order  of  protection is issued may not be held to violate an
    32  order issued in his or  her  favor  nor  may  such  protected  party  be
    33  arrested for violating such order.
    34    §  3.  Section  155 of the family court act is amended by adding a new
    35  subdivision 3 to read as follows:
    36    3. The protected party in whose  favor  the  order  of  protection  or
    37  temporary  order  of  protection is issued may not be held to violate an
    38  order issued in his or  her  favor  nor  may  such  protected  party  be
    39  arrested for violating such order.
    40    § 4. Subdivision 3 of section 168 of the family court act, as added by
    41  chapter 164 of the laws of 1989, is amended to read as follows:

    42    3.  Any order of protection or temporary order of protection issued by
    43  the family court shall bear, in a conspicuous manner, the  language,  as
    44  the  case  may  be,  "this  order constitutes an order of protection" or
    45  "this order constitutes a temporary order of protection", on  the  front
    46  page  of  said  order.    The  order of protection or temporary order of
    47  protection shall also contain  the  following  notice:  "This  order  of
    48  protection  will  remain  in  effect even if the protected party has, or
    49  consents to have, contact or communication with the party  against  whom
    50  the  order  is  issued. This order of protection can only be modified or
    51  terminated by the court. The protected party cannot be held  to  violate
    52  this  order  nor  be arrested for violating this order.". The absence of

    53  such language shall not affect the validity of such order.
    54    § 5. Section 446 of the family court act is amended by  adding  a  new
    55  closing paragraph to read as follows:
        A. 6547--B                          3
 
     1    The  protected  party in whose favor the order of protection or tempo-
     2  rary order of protection is issued may not be held to violate  an  order
     3  issued  in his or her favor nor may such protected party be arrested for
     4  violating such order.
     5    §  6.  Section  551 of the family court act is amended by adding a new
     6  closing paragraph to read as follows:
     7    The protected party in whose favor the order of protection  or  tempo-
     8  rary  order  of protection is issued may not be held to violate an order

     9  issued in his or her favor nor may such protected party be arrested  for
    10  violating such order.
    11    §  7.  Section  656 of the family court act is amended by adding a new
    12  closing paragraph to read as follows:
    13    The protected party in whose favor the order of protection  or  tempo-
    14  rary  order  of protection is issued may not be held to violate an order
    15  issued in his or her favor nor may such protected party be arrested  for
    16  violating such order.
    17    §  8.  Section  759 of the family court act is amended by adding a new
    18  closing paragraph to read as follows:
    19    The protected party in whose favor the order of protection  or  tempo-
    20  rary  order  of protection is issued may not be held to violate an order

    21  issued in his or her favor nor may such protected party be arrested  for
    22  violating such order.
    23    §  9.  Section  842 of the family court act is amended by adding a new
    24  closing paragraph to read as follows:
    25    The protected party in whose favor the order of protection  or  tempo-
    26  rary  order  of protection is issued may not be held to violate an order
    27  issued in his or her favor nor may such protected party be arrested  for
    28  violating such order.
    29    §  10.  Section 846 of the family court act is amended by adding a new
    30  subdivision (a-1) to read as follows:
    31    (a-1) The protected party in whose favor the order  of  protection  or
    32  temporary  order  of  protection is issued may not be held to violate an

    33  order issued in his or  her  favor  nor  may  such  protected  party  be
    34  arrested for violating such order.
    35    §  11. Section 1056 of the family court act is amended by adding a new
    36  subdivision 7 to read as follows:
    37    7. The protected party in whose  favor  the  order  of  protection  or
    38  temporary  order  of  protection is issued may not be held to violate an
    39  order issued in his or  her  favor  nor  may  such  protected  party  be
    40  arrested for violating such order.
    41    § 12. Subdivision 4 of section 140.10 of the criminal procedure law is
    42  amended  by  adding  a  new  second  undesignated  paragraph  to read as
    43  follows:
    44    The protected party in whose favor the order of protection  or  tempo-
    45  rary  order  of protection is issued may not be held to violate an order

    46  issued in his or her favor nor may such protected party be arrested  for
    47  violating such order.
    48    § 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
    49  law,  subdivision  6  as amended by chapter 164 of the laws of 1989, the
    50  closing paragraph of subdivision 6 as added by chapter 222 of  the  laws
    51  of  1994 and subdivision 8 as amended by section 81 of subpart B of part
    52  C of chapter 62 of the laws of 2011, are amended to read as follows:
    53    6. An order of protection or a temporary order  of  protection  issued
    54  pursuant  to  subdivision  one, two, three, four or five of this section
    55  shall bear in a conspicuous manner the term  "order  of  protection"  or
    56  "temporary  order  of protection" as the case may be and a copy shall be
        A. 6547--B                          4
 

     1  filed by the clerk of the court with the sheriff's office in the  county
     2  in  which the complainant resides, or, if the complainant resides within
     3  a city, with  the  police  department  of  such  city.    The  order  of
     4  protection  or  temporary  order  of  protection  shall also contain the
     5  following notice: "This order of protection will remain in  effect  even
     6  if  the  protected  party  has, or consents to have, contact or communi-
     7  cation with the party against whom the order is issued.  This  order  of
     8  protection  can  only  be  modified  or  terminated  by  the  court. The
     9  protected party cannot be held to violate this order nor be arrested for
    10  violating this order.". The absence of such language  shall  not  affect

    11  the  validity  of  such  order.    A copy of such order of protection or
    12  temporary order of protection may from time to  time  be  filed  by  the
    13  clerk  of the court with any other police department or sheriff's office
    14  having jurisdiction of the residence, work place, and school  of  anyone
    15  intended  to be protected by such order. A copy of the order may also be
    16  filed by the complainant at the appropriate police department  or  sher-
    17  iff's office having jurisdiction. Any subsequent amendment or revocation
    18  of such order shall be filed in the same manner as herein provided.
    19    Such  order of protection shall plainly state the date that such order
    20  expires.
    21    8. In any proceeding in which an  order  of  protection  or  temporary
    22  order of protection or a warrant has been issued under this section, the
    23  clerk  of  the  court  shall  issue to the complainant and defendant and

    24  defense counsel and to any other person affected by the order a copy  of
    25  the order of protection or temporary order of protection and ensure that
    26  a  copy  of  the order of protection or temporary order of protection be
    27  transmitted to the local correctional facility where the  individual  is
    28  or  will be detained, the state or local correctional facility where the
    29  individual is or will  be  imprisoned,  and  the  supervising  probation
    30  department  or department of corrections and community supervision where
    31  the individual is under probation or parole supervision.  The  presenta-
    32  tion  of  a  copy of such order or a warrant to any peace officer acting
    33  pursuant to his or her special duties or police officer shall constitute
    34  authority for him or her to arrest a person who has violated  the  terms
    35  of  such order and bring such person before the court and, otherwise, so

    36  far as lies within his or her power, to aid in securing  the  protection
    37  such  order  was intended to afford.  The protected party in whose favor
    38  the order of protection or temporary order of protection is  issued  may
    39  not  be held to violate an order issued in his or her favor nor may such
    40  protected party be arrested for violating such order.
    41    § 14. This act shall take effect immediately and shall  apply  to  all
    42  orders  of protection regardless of when such orders were issued, except
    43  that:
    44    (a) the amendments to paragraph b of subdivision 3 of section  240  of
    45  the  domestic  relations law made by section one of this act, the amend-
    46  ments to subdivision 2 of section 252 of the domestic relations law made
    47  by section two of this act, the amendments to subdivision 3  of  section

    48  168  of  the  family court act made by section four of this act, and the
    49  amendments to subdivision 6 of section 530.12 of the criminal  procedure
    50  law made by section thirteen of this act shall take effect on the sixti-
    51  eth  day  after  this  act  shall  have become a law, and shall apply to
    52  orders of protection issued on or after such effective date; and
    53    (b) the amendments to subdivision 4 of section 140.10 of the  criminal
    54  procedure  law, made by section twelve of this act, shall not affect the
    55  repeal of such subdivision, and shall be deemed repealed therewith.