NY State Senate Bill 2009-S733

Senate Bill S733

2009-2010 Legislative Session

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

download bill text pdf

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
Jan 06, 2010	referred to codes
Jan 14, 2009	referred to codes

2009-S733 (ACTIVE) - Details

See Assembly Version of this Bill:: A10663
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §530.13-A, CP L; add §153-d, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2942, A3677
2013-2014: S3622, A6289
2015-2016: S3335, A10094
2017-2018: S4060, A4370
2019-2020: S375, A3093
2021-2022: S4496
2023-2024: S2828

2009-S733 (ACTIVE) - Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

2009-S733 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S733

 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 :
Provides 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 :
Section 1 The criminal procedure law is amended by adding a new
section 530.13-A to include notification of service of ex parte order
of protection.
Section 2. The family court act is amended by adding a new section
153-d.
Section 3. This act shall take effect on the sixtieth day after it
shall have become a law.

 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
however, has not taken the next step and extended these automated
notifications to include protective orders. Thousands of victims are
killed or revictimized 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 communication, which will provide security
and emotional peace of mind by allowing victims to be 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. Bypassing this legislation, New York would become eligible
for this funding.

 LEGISLATIVE HISTORY :
2008: S.7052 - Passed Senate.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2009-S733 (ACTIVE) - Bill Text download pdf

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

                                   733

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 530.13-A to read as follows:
S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
  1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS, WHO ARE GRANTED AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION, OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER  OF  PROTECTION
IS SERVED.
  2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY POLICE OFFICER, PEACE OFFICER OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE, UPON  A  PERSON  AGAINST
WHOM  A  COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH MADE SUCH
ORDER SHALL NOTIFY THE COMPLAINANT, IMMEDIATELY, IN THE MANNER SPECIFIED
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.
                                                           LBD05699-01-9

S. 733                              2

  S 2. The family court act is amended by adding a new section 153-d  to
read as follows:
  S  153-D. NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.  1.
A COMPLAINANT WHO IS GRANTED AN EX PARTE  ORDER  OF  PROTECTION  BY  THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS, WHO ARE GRANTED AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION, OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER  OF  PROTECTION
IS SERVED.
  2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY POLICE OFFICER, PEACE OFFICER OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER  OF  PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS BEEN MADE
SHALL IMMEDIATELY NOTIFY THE CLERK OF THE COURT WHICH  MADE  SAID  ORDER
THAT  THE  SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK OF THE
COURT THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE,  OR
UPON  SERVICE  OF  SUCH ORDER BY A COURT EMPLOYEE, UPON A PERSON AGAINST
WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH  MADE  SUCH
ORDER SHALL NOTIFY THE COMPLAINANT, IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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