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A10410 Summary:

A10410 Actions:

A10410 Floor Votes:

A10410 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10410
 
                   IN ASSEMBLY
 
                                     March 25, 2010
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, WEINSTEIN -- read once and referred to
          the Committee on Judiciary
 
        AN  ACT to amend the family court act and the domestic relations law, in
          relation to the facsimile and electronic  transmission  of  orders  of
          protection
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 153-b of the family court act is amended by  adding
     2  a new subdivision (e) to read as follows:
     3    (e)  Notwithstanding  any  other  provision  of  law,  all  orders  of
     4  protection and temporary orders of protection issued  pursuant  to  this
     5  act  along  with any associated papers that may be served simultaneously
     6  may, for the purposes of section one hundred sixty-eight of  this  arti-
     7  cle,  be  transmitted  by facsimile transmission or electronic means and
     8  may be transmitted by facsimile transmission  or  electronic  means  for
     9  expedited service in accordance with the provisions of this section. For
    10  purposes  of  this  section,  "facsimile  transmission"  and "electronic
    11  means" shall be as defined in subdivision (f) of rule twenty-one hundred

    12  three of the civil practice law and rules.
    13    § 2. Subdivision 3-a of section 240 of the domestic relations law,  as
    14  added by chapter 429 of the laws of 1995, is amended to read as follows:
    15    3-a.  Service  of  order  of  protection.  a.  If a temporary order of
    16  protection has been issued or an order of  protection  has  been  issued
    17  upon  a  default,  unless  the  party requesting the order states on the
    18  record that she or he will arrange for other means for service or deliv-
    19  er the order to a peace or police  officer  directly  for  service,  the
    20  court  shall  immediately  deliver  a  copy  of  the  temporary order of
    21  protection or order of protection to a peace officer, acting pursuant to
    22  his or her special duties and designated by the court, or  to  a  police
    23  officer as defined in paragraph (b) or (d) of subdivision thirty-four of

    24  section 1.20 of the criminal procedure law, or, in the city of New York,
    25  to  a  designated representative of the police department of the city of
    26  New York. Any peace or police officer or designated person  receiving  a
    27  temporary  order  of  protection  or  an order of protection as provided
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16614-02-0
        A. 10410                            2
 
     1  hereunder shall serve or provide for the service thereof  together  with
     2  any  associated papers that may be served simultaneously, at any address
     3  designated therewith, including the summons and petition or complaint if
     4  not  previously served. Service of such temporary order of protection or

     5  order of protection and associated papers shall, insofar as practicable,
     6  be achieved promptly. An officer or designated person obliged to perform
     7  service pursuant to this subdivision, and his or her employer, shall not
     8  be liable for damages resulting from failure to achieve  service  where,
     9  having  made  a  reasonable effort, such officer or designated person is
    10  unable to locate and serve the temporary order of protection or order of
    11  protection at any address provided by the party requesting the order.  A
    12  statement  subscribed  by the officer or designated person, and affirmed
    13  by him or her to be true under the penalties  of  perjury,  stating  the
    14  papers  served,  the  date,  time,  address  or in the event there is no
    15  address, place, and manner of service, the name  and  a  brief  physical
    16  description  of  the  party  served,  shall  be  proof of service of the

    17  summons,  petition  and  temporary  order  of  protection  or  order  of
    18  protection.   When  the  temporary  order  of  protection  or  order  of
    19  protection and other papers, if any, have been served, such  officer  or
    20  designated  person  shall provide the court with an affirmation, certif-
    21  icate or affidavit of service and shall provide notification of the date
    22  and time of such service to the statewide computer registry  established
    23  pursuant to section two hundred twenty-one-a of the executive law.
    24    b.   Notwithstanding  any  other  provision  of  law,  all  orders  of
    25  protection and temporary orders of protection filed  and  entered  along
    26  with  any  associated  papers  that  may be served simultaneously may be
    27  transmitted by facsimile transmission or electronic means for  expedited

    28  service  in  accordance  with  the  provisions  of this subdivision. For
    29  purposes of this subdivision, "facsimile transmission"  and  "electronic
    30  means" shall be as defined in subdivision (f) of rule twenty-one hundred
    31  three of the civil practice law and rules.
    32    §  3. Section 252 of the domestic relations law is amended by adding a
    33  new subdivision 10 to read as follows:
    34    10. All orders of protection and temporary orders of protection issued
    35  pursuant to this section along with any associated papers  that  may  be
    36  served  simultaneously  shall  be  served in accordance with subdivision
    37  three-a of section two hundred forty of this article.
    38    § 4. The office of court administration is  authorized  to  promulgate

    39  any  rules and regulations necessary to implement the provisions of this
    40  act.
    41    § 5. This act shall take effect immediately.