NY State Senate Bill 2009-S6867

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2010	reported and committed to codes
Feb 18, 2010	referred to crime victims, crime and correction

Votes

- Mar 22, 2010 - Crime Victims, Crime And Correction Committee Vote
  S6867
  
  13
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 22, 2010
      
      aye (13)
      
      Aubertine
      
      Foley
      
      Golden
      
      Hassell-Thompson
      
      Kruger
      
      Little
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner
      
      aye wr (1)
      
      Duane

co-Sponsors

2009-S6867 (ACTIVE) - Details

See Assembly Version of this Bill:: A10336
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add Art 22-A §§636 & 637, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1489, A613
2013-2014: S2914, A3499
2015-2016: S1413, A2995
2017-2018: S3473, A2027
2019-2020: S4784, A7034
2021-2022: S5049, A4541
2023-2024: S6013

2009-S6867 (ACTIVE) - Summary

Relates to the protection of victims of domestic violence act, which requires defendants to wear global positioning systems monitoring the location of the defendant.

2009-S6867 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6867

 TITLE OF BILL :

An act to amend the executive law, in relation to establishing the
"protection of victims of domestic violence act"


 PURPOSE :

The purpose of this legislation is to release defendants under
protective conditions, which mayor may include a global device in
efforts to protect the welfare of the victim. Under these conditions
of release, the defendant who is charged with a crime involving
domestic violence shall be monitored by a global positioning system.

 SUMMARY OF PROVISIONS :

Section one of the act amends the executive law by adding a new
article 22-A, containing sections 636 and 637 of said law.

Section 636 of the executive law provides that this legislation shall
be entitled "the protection of victims of domestic violence act.

Section 637 of the executive law provides that if a judge releases a
defendant charged with domestic violence, who is subject to conditions

reasonably necessary to protect one or more named persons and such
conditions are made part of a protective order, he or she shall be
subject to arrest without a warrant and/or may have his/her bail
forfeited or revoked if such conditions are violated.

Section 637 additionally provides that a court may order a defendant
in a domestic violence proceeding to carry or wear a global
positioning system (GPS) device as a condition of his/her release and,
upon the informed consent of the victim, the court may require such
defendant to provide the victim with a receptor device capable of
notifying the victim if the defendant is in proximity to such victim
(as is determined by the judge in consultation with the victim). The
GPS device shall be paid for by the defendant, unless such defendant
opts to perform community service instead of paying for such device.

Finally, section 637 explicitly does not limit the ability of the
judge to impose other protective or release conditions allowed under
other areas of the law.

 JUSTIFICATION :

According to the Centers for Disease Control and Prevention and the
National Institute of Justice, 25% of women have experienced domestic
violence in their lifetime. (See, Patricia Tjaden & Nancy Thoennes,
 EXTENT, NATURE AND CONSEQUENCES OF INTIMATE PARTNER VIOLENCE ,
findings from the National Violence Against Women Study, USDOJ,
National Institutes of Justice, Center for Disease Control, July
2000.) Estimates range from 960,000 incidents of violence against a
current or former spouse, boyfriend or girlfriend, to as many as 1.3
million women who are physically abused by an intimate partner each
year. (See, U.S. Department of Justice, Violence by Intimates:
Analysis of Data On Crimes by Current or Former Spouses, Boyfriends
and Girlfriends, March 1998.)

Nearly 81% of women stalked by a current or former intimate partner
are also physically assaulted by that person, and roughly 31% are also
sexually assaulted by that person. (See, Patricia Tjaden & Nancy
Thoennes, "Stalking in America," National Institute for Justice
(1998)).  Finally, the estimated cost of intimate partner violence
exceeds $5.8 billion each year, more than 70% of which is for direct
medical and mental health services. (See, "Costs of intimate partner
Violence Against Women in the United States," 2003, Centers for
Disease Control and Prevention.)

Domestic violence affects hundreds of thousands of New Yorkers
annually. Each year, an estimated 400,000 domestic violence incidents
are reported to law enforcement in New York, and roughly 300,000 calls
are received by hotlines throughout the State.

Domestic violence is also a chronically under reported crime. While
there are many theories, one possibility is a perception that the
necessary precautions needed to protect victims of domestic violence
are insufficient, or rarely implemented in a comprehensive manner.
One example is the use of orders of protection, which are often unable
to adequately protect individuals (and their children) from abuse,
which creates a sense of helplessness and leads to unreported
incident.

(See http://www.ncadv.org/files/Domestic ViolenceFactSheet
(National).pdf; and see
http://www.dianerosenfeld.orglupload/correlative rights.pdf)
Furthermore, after the victims seek the protection of the police or
courts, their batterers often lash out at the victim in what is
labeled "retribution assault." There is an obvious need, therefore, to
close this gap in the protection extended to victims of domestic
violence.

There are currently 387 monitoring devices in use within New York
State by the Division of Parole. Five are older technology radio
frequency identification (RFID) devices, and 382 are Global
Positioning System (GPS) devices. These GPS devices have multiple
uses, among which is the monitoring of sexual offenders and parolees
and, potentially, domestic violence offenders.

The use of GPS technology to track domestic abusers has been
implemented, or is in the process of being adopted, by multiple
states, including California, Colorado, Florida, Illinois, Louisiana,
Minnesota, New Hampshire, Pennsylvania, Texas, Utah, Washington, and
the District of Columbia. (See, Maura Kelly, "Tracking Device: How
about using GPS monitoring to stop batterers?" Slate, May 4, 2007.)

In Massachusetts, judges have statutory authority to order offenders
who have violated an order of protection to wear a GPS device.(See
H.B. 30, 184th Gen. Ct., Reg. Sess. (Mass 2005), cited in Diane L.
Rosenfeld, "Correlative Rights and the Boundaries of Freedom:
Protecting the Civil Rights of Endangered Women," 43 Harv.
C.R.-C.L.L. Rev. 257, 261 (2008). The legislation also allows judges
"to establish as a condition of probation, geographic exclusion zones,
which can include the victim's residence, place of work, children's
schools, or other places frequented by the victim."  (Rosenfeld, Id.
at 261.)

Although it is difficult to generalize, the Massachusetts experiment
with GPS tracking of domestic abusers has reportedly shown very
positive results. Between 2005 and 2007, domestic violence linked
homicides increased 300%, but in the city of Newburyport, where the
most concentrated effort to use GPS tracking has been implemented,
there were no such homicides during those two years. (See, Ariana
Green, "More States Use GPS to Track Abusers," The New York Times, May
9, 2009, htto://www.nytimes.com/2009/05/09/us/09gps.html). Such a
result implies the need for New York to adopt such a program with
regard to domestic abusers.

The effectiveness of GPS tracking of domestic violence perpetrators
can be enhanced by instituting bilateral monitoring as an additional
safeguard for victims of domestic violence. (See, Edna Erez, Peter R.
Ibarry, Norman Lurie, "Electronic Monitoring of Domestic Violence
CasesA Study of Two Bilateral Programs," 68-Jun Fed. Probation 15
(2004)). Bilateral monitoring provides the victim with a GPS enabled
device that will detect the presence of the defendant when he or she
enters a defined radius, warn the victim, and immediately contact law
enforcement. (See, Erez, Ibarra, Lurie, Id. at 16.) Because bilateral
monitoring has been shown to increase the protection offered to
victims of domestic abuse, this legislation includes such a program.

This legislation will give courts new tools to protect victims of
domestic violence, and will give victims an enhanced manner of
enforcing protective orders, and greater protection from batterers who
violate such orders of protection.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall become law.

2009-S6867 (ACTIVE) - Bill Text download pdf

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

                                  6867

                            I N  S E N A T E

                            February 18, 2010
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  "protection of victims of domestic violence act"

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

  Section  1.  The executive law is amended by adding a new article 22-A
to read as follows:
                              ARTICLE 22-A
               PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
SECTION 636. SHORT TITLE.
        637. CONDITIONS FOR RELEASING DEFENDANTS  TO  PROTECTIVE  CONDI-
                      TIONS.
  S  636.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE ACT".
  S 637. CONDITIONS FOR RELEASING DEFENDANTS TO  PROTECTIVE  CONDITIONS.
1.  A JUDGE MAY RELEASE UNDER THIS SECTION A DEFENDANT SUBJECT TO CONDI-
TIONS  REASONABLY  NECESSARY  FOR  THE  PROTECTION  OF ONE OR MORE NAMED
PERSONS. IF A JUDGE RELEASES UNDER THIS SECTION A DEFENDANT  SUBJECT  TO
PROTECTIVE  CONDITIONS,  THE  JUDGE SHALL MAKE A FINDING OF THE NEED FOR
PROTECTIVE CONDITIONS AND INFORM THE DEFENDANT  ON  THE  RECORD,  EITHER
ORALLY OR BY A WRITING THAT IS PERSONALLY DELIVERED TO THE DEFENDANT, OF
THE  SPECIFIC  CONDITIONS  IMPOSED  AND THAT IF THE DEFENDANT VIOLATES A
CONDITION OF RELEASE, HE OR SHE WILL BE  SUBJECT  TO  ARREST  WITHOUT  A
WARRANT AND MAY HAVE HIS OR HER BAIL FORFEITED OR REVOKED AND NEW CONDI-
TIONS OF RELEASE IMPOSED, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE
IMPOSED IF THE DEFENDANT IS FOUND IN CONTEMPT OF COURT.
  2.  AN  ORDER  OR  AMENDED  ORDER ISSUED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
  (A) A STATEMENT OF THE DEFENDANT'S FULL NAME.
  (B) A STATEMENT OF THE DEFENDANT'S HEIGHT, WEIGHT, RACE, SEX, DATE  OF
BIRTH,  HAIR COLOR, EYE COLOR, AND ANY OTHER IDENTIFYING INFORMATION THE
JUDGE CONSIDERS APPROPRIATE.

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

                                                           LBD15359-01-0

S. 6867                             2

  (C) A STATEMENT OF THE DATE THE CONDITIONS BECOME EFFECTIVE.
  (D) A STATEMENT OF THE DATE ON WHICH THE ORDER WILL EXPIRE.
  (E) A STATEMENT OF THE CONDITIONS IMPOSED.
  3.  AN ORDER OR AMENDED ORDER ISSUED UNDER THIS SUBDIVISION AND SUBDI-
VISION ONE OF THIS SECTION MAY IMPOSE A CONDITION THAT THE DEFENDANT NOT
PURCHASE OR POSSESS A FIREARM. HOWEVER, IF THE COURT ORDERS THE  DEFEND-
ANT  TO  CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS A CONDITION
OF RELEASE AS DESCRIBED IN SUBDIVISION SIX OF THIS  SECTION,  THE  COURT
SHALL ALSO IMPOSE A CONDITION THAT THE DEFENDANT NOT PURCHASE OR POSSESS
A FIREARM.
  4.  THE JUDGE SHALL IMMEDIATELY DIRECT A LAW ENFORCEMENT AGENCY WITHIN
THE JURISDICTION OF THE COURT, IN WRITING, TO ENTER AN ORDER OR  AMENDED
ORDER  ISSUED  UNDER SUBDIVISION ONE OF THIS SECTION OR SUBDIVISIONS ONE
AND THREE OF THIS SECTION INTO THE COMPUTER SYSTEM TO CARRY  INFORMATION
OF  ORDERS  OF  PROTECTION AND WARRANTS OF ARREST AS PROVIDED BY SECTION
TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER. IF THE ORDER OR AMENDED  ORDER
IS  RESCINDED,  THE  JUDGE  SHALL  IMMEDIATELY ORDER THE LAW ENFORCEMENT
AGENCY TO REMOVE THE ORDER OR AMENDED ORDER FROM THE COMPUTER SYSTEM  TO
CARRY INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST.
  5. A LAW ENFORCEMENT AGENCY WITHIN THE JURISDICTION OF THE COURT SHALL
IMMEDIATELY  ENTER AN ORDER OR AMENDED ORDER INTO THE COMPUTER SYSTEM TO
CARRY INFORMATION OF ORDERS OF PROTECTION  AND  WARRANTS  OF  ARREST  AS
PROVIDED  BY  SECTION TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER, OR SHALL
REMOVE THE ORDER OR AMENDED ORDER FROM  THE  COMPUTER  SYSTEM  TO  CARRY
INFORMATION  OF ORDERS OF PROTECTION AND WARRANTS OF ARREST UPON EXPIRA-
TION OF THE ORDER OR AS DIRECTED BY THE COURT UNDER SUBDIVISION FOUR  OF
THIS SECTION.
  6.  IF  A  DEFENDANT  WHO  IS  CHARGED WITH A CRIME INVOLVING DOMESTIC
VIOLENCE IS RELEASED UNDER THIS SECTION, THE JUDGE MAY ORDER THE DEFEND-
ANT TO CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS  A  CONDITION
OF  RELEASE. WITH THE INFORMED CONSENT OF THE VICTIM, THE COURT MAY ALSO
ORDER THE DEFENDANT TO PROVIDE THE VICTIM OF THE CHARGED CRIME  WITH  AN
ELECTRONIC  RECEPTOR  DEVICE CAPABLE OF RECEIVING THE GLOBAL POSITIONING
SYSTEM INFORMATION FROM THE DEVICE CARRIED OR WORN BY THE DEFENDANT THAT
NOTIFIES THE VICTIM IF THE DEFENDANT IS LOCATED WITHIN  A  PROXIMITY  TO
THE  VICTIM  AS DETERMINED BY THE JUDGE IN CONSULTATION WITH THE VICTIM.
THE VICTIM SHALL ALSO BE FURNISHED WITH A  TELEPHONE  CONTACT  WITH  THE
LOCAL  LAW  ENFORCEMENT  AGENCY  TO  REQUEST IMMEDIATE ASSISTANCE IF THE
DEFENDANT IS LOCATED WITHIN THAT PROXIMITY TO THE VICTIM.  IN  ADDITION,
THE  VICTIM  MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR
SHE WOULD LIKE THE DEFENDANT EXCLUDED.  THE  COURT  SHALL  CONSIDER  THE
VICTIM'S  REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE
PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITION-
ING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF  THE  DEFENDANT  VIOLATES
THE ORDER. IN DETERMINING WHETHER TO ORDER A DEFENDANT TO PARTICIPATE IN
GLOBAL POSITIONING SYSTEM MONITORING, THE COURT SHALL CONSIDER THE LIKE-
LIHOOD  THAT  THE DEFENDANT'S PARTICIPATION IN GLOBAL POSITIONING SYSTEM
MONITORING WILL DETER THE DEFENDANT FROM  SEEKING  TO  KILL,  PHYSICALLY
INJURE,  STALK,  OR  OTHERWISE  THREATEN  THE VICTIM PRIOR TO TRIAL. THE
VICTIM MAY REQUEST THE COURT TO TERMINATE THE VICTIM'S PARTICIPATION  IN
GLOBAL  POSITIONING  SYSTEM MONITORING OF THE DEFENDANT AT ANY TIME. THE
COURT SHALL NOT IMPOSE SANCTIONS ON THE VICTIM FOR REFUSING  TO  PARTIC-
IPATE  IN  GLOBAL  POSITIONING  SYSTEM  MONITORING UNDER THIS SECTION. A
DEFENDANT DESCRIBED IN THIS SECTION SHALL ONLY BE  RELEASED  UNDER  THIS
SECTION  IF HE OR SHE AGREES TO PAY THE COST OF THE DEVICE AND ANY MONI-

S. 6867                             3

TORING OF THE DEVICE AS A CONDITION OF RELEASE OR TO  PERFORM  COMMUNITY
SERVICE WORK IN LIEU OF PAYING THAT COST. AS USED IN THIS SECTION:
  (A)  "DOMESTIC  VIOLENCE" MEANS AN ACT WHICH WOULD CONSTITUTE A FAMILY
OFFENSE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED  TWELVE  OF
THE FAMILY COURT ACT.
  (B)  "GLOBAL  POSITIONING  SYSTEM"  MEANS A SYSTEM THAT ELECTRONICALLY
DETERMINES AND REPORTS THE LOCATION OF AN  INDIVIDUAL  BY  MEANS  OF  AN
ANKLE BRACELET TRANSMITTER OR SIMILAR DEVICE WORN BY THE INDIVIDUAL THAT
TRANSMITS  LATITUDE AND LONGITUDE DATA TO MONITORING AUTHORITIES THROUGH
GLOBAL POSITIONING SATELLITE TECHNOLOGY BUT DOES NOT CONTAIN OR  OPERATE
ANY  GLOBAL POSITIONING SYSTEM TECHNOLOGY OR RADIO FREQUENCY IDENTIFICA-
TION TECHNOLOGY OR SIMILAR TECHNOLOGY THAT IS IMPLANTED IN OR  OTHERWISE
INVADES OR VIOLATES THE CORPOREAL BODY OF THE INDIVIDUAL.
  (C)  "INFORMED  CONSENT"  MEANS  THAT THE VICTIM WAS GIVEN INFORMATION
CONCERNING ALL OF THE FOLLOWING  BEFORE  CONSENTING  TO  PARTICIPATE  IN
GLOBAL POSITIONING SYSTEM MONITORING:
  (1)  THE VICTIM'S RIGHT TO REFUSE TO PARTICIPATE IN GLOBAL POSITIONING
SYSTEM MONITORING AND THE PROCESS FOR REQUESTING THE COURT TO  TERMINATE
THE VICTIM'S PARTICIPATION AFTER IT HAS BEEN ORDERED.
  (2) THE MANNER IN WHICH THE GLOBAL POSITIONING SYSTEM MONITORING TECH-
NOLOGY  FUNCTIONS  AND THE RISKS AND LIMITATIONS OF THAT TECHNOLOGY, AND
THE EXTENT TO WHICH THE  SYSTEM  WILL  TRACK  AND  RECORD  THE  VICTIM'S
LOCATION AND MOVEMENTS.
  (3)  THE  BOUNDARIES  IMPOSED ON THE DEFENDANT DURING THE GLOBAL POSI-
TIONING SYSTEM MONITORING.
  (4) SANCTIONS THAT THE COURT MAY IMPOSE ON THE DEFENDANT FOR VIOLATING
AN ORDER ISSUED UNDER THIS SUBDIVISION.
  (5) THE PROCEDURE THAT THE  VICTIM  IS  TO  FOLLOW  IF  THE  DEFENDANT
VIOLATES AN ORDER ISSUED UNDER THIS SUBDIVISION OR IF GLOBAL POSITIONING
SYSTEM EQUIPMENT FAILS.
  (6)  IDENTIFICATION OF SUPPORT SERVICES AVAILABLE TO ASSIST THE VICTIM
TO DEVELOP A SAFETY PLAN TO USE IF THE COURT'S ORDER ISSUED  UNDER  THIS
SUBDIVISION IS VIOLATED OR IF GLOBAL POSITIONING SYSTEM EQUIPMENT FAILS.
  (7)  IDENTIFICATION  OF  COMMUNITY  SERVICES  AVAILABLE  TO ASSIST THE
VICTIM IN OBTAINING SHELTER, COUNSELING, EDUCATION,  CHILD  CARE,  LEGAL
REPRESENTATION,  AND  OTHER  HELP  IN  ADDRESSING  THE  CONSEQUENCES AND
EFFECTS OF DOMESTIC VIOLENCE.
  (8) THE NONCONFIDENTIAL NATURE OF THE VICTIM'S COMMUNICATIONS WITH THE
COURT  CONCERNING  GLOBAL  POSITIONING   SYSTEM   MONITORING   AND   THE
RESTRICTIONS TO BE IMPOSED UPON THE DEFENDANT'S MOVEMENTS.
  7.  THIS  SECTION  DOES  NOT  LIMIT  THE AUTHORITY OF JUDGES TO IMPOSE
PROTECTIVE OR OTHER RELEASE CONDITIONS UNDER OTHER  APPLICABLE  STATUTES
OR COURT RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S6867

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Mar 22, 2010 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Mar 22, 2010

co-Sponsors

2009-S6867 (ACTIVE) - Details

2009-S6867 (ACTIVE) - Summary

2009-S6867 (ACTIVE) - Sponsor Memo

2009-S6867 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6867

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Shirley L. Huntley

George Onorato

John L. Sampson

Diane J. Savino

2009-S6867 (ACTIVE) - Details

2009-S6867 (ACTIVE) - Summary

2009-S6867 (ACTIVE) - Sponsor Memo

2009-S6867 (ACTIVE) - Bill Text download pdf

Comments