S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2511

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by  M.  of A. PRETLOW, GALEF, PHEFFER, CLARK, SCHIMMINGER --
  Multi-Sponsored by -- M. of A.  ABBATE,  AUBRY,  BRENNAN,  CANESTRARI,
  CHRISTENSEN,  GLICK,  GOTTFRIED,  HOOPER,  JOHN,  MAYERSOHN,  McENENY,
  ORTIZ, PERRY, SEMINERIO -- 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 authorizing order of protection to contain  provision  for
  personal security devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 530.12 of the  criminal  procedure
law is amended by adding a new paragraph (d-1) to read as follows:
  (D-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
  S 2. Subdivision 1 of section 530.13 of the criminal procedure law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
RITY SYSTEM, A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
  S 3. Subdivision 4 of section 530.13 of the criminal procedure law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
RITY SYSTEM, A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01356-01-9
              

A. 2511                             2

  S 4. Subdivision (g) of section  446  of  the  family  court  act,  as
amended  by chapter 948 of the laws of 1984, is amended and a new subdi-
vision (g-1) is added to read as follows:
  (g)  to  provide,  either  directly  or by means of medical and health
insurance, for expenses incurred for medical care and treatment  arising
from the incident or incidents forming the basis for the issuance of the
order[.];
  (G-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
SUPPORT THAT MAY BE SO ORDERED;
  S  5.  Subdivision  (h)  of  section  656  of the family court act, as
amended by chapter 948 of the laws of 1984, is amended and a new  subdi-
vision (h-1) is added to read as follows:
  (h)  to  pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by  such
order if such order is issued or enforced[.];
  (H-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
SUPPORT THAT MAY BE SO ORDERED;
  S  6. Subdivisions (g) and (h) of section 842 of the family court act,
as amended by chapter 222 of the laws of 1994, are  amended  and  a  new
subdivision (h-1) is added to read as follows:
  (g) to require the respondent to participate in a batterer's education
program  designed to help end violent behavior, which may include refer-
ral to drug and alcohol [counselling] COUNSELING, and to pay  the  costs
thereof  if  the  person  has  the means to do so, provided however that
nothing contained [herein]  IN  THIS  SUBDIVISION  shall  be  deemed  to
require  payment of the costs of any such program by the petitioner, the
state or any political subdivision thereof; [and]
  (h) to provide, either directly or by  means  of  medical  and  health
insurance,  for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order[.];
  (H-1) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
CONTAINED  IN  THIS  SUBDIVISION  SHALL  DIMINISH  OR RESTRICT ANY OTHER
SUPPORT THAT MAY BE SO ORDERED;
  S 7. Paragraph (f) of subdivision 1 of  section  1056  of  the  family
court act, as amended by chapter 622 of the laws of 1990, is amended and
a new paragraph (f-1) is added to read as follows:
  (f)  to  provide,  either  directly  or by means of medical and health
insurance, for expenses incurred for medical care and treatment  arising
from the incident or incidents forming the basis for the issuance of the
order[.];
  (F-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
THAT MAY BE SO ORDERED;
  S 8. This act shall take effect immediately.