NY State Senate Bill 2009-S7639

Senate Bill S7639

2009-2010 Legislative Session

Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property

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
Jun 02, 2010	committee discharged and committed to codes
Apr 28, 2010	referred to social services

2009-S7639 (ACTIVE) - Details

See Assembly Version of this Bill:: A11047
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §577, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3970
2013-2014: S2718, S6275
2015-2016: S1771
2017-2018: S3116
2019-2020: S5086
2021-2022: S5641
2023-2024: S7193

2009-S7639 (ACTIVE) - Summary

Authorizes a victim of domestic violence apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

2009-S7639 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7639

 TITLE OF BILL :
An act to amend the executive law, in relation to victims of domestic
violence


 PURPOSE :
Authorizes a victim of domestic violence to apply to remove the
violent felony offender from deed of co-owned real property.

 SUMMARY OF PROVISIONS :
Section 1. The executive law is amended by adding a new section 577 to
read as follows:

§ 577. Violent felon removed from deed with victim. 1. For the
purposes of this section, the following terms shall have the following
meanings:

(a) "violent felony offense" shall have the same meaning set forth in
subdivision one of section 70.2 of the penal law;
(b) "victim of domestic violence" shall mean any person who is a
victim of an act which would constitute a violent felony offense; and
(i) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional
harm to such person or such person's child; and (ii) such act or acts

are or are alleged to have been committed by a family or household
member.

2. Any victim of domestic violence who holds title to real property
with the person who was convicted of the violent felony offense which
constituted the domestic violence against such victim may apply to the
county clerk in the county in which such real property is located to
remove the name of such violent felony offender from the deed of such
real property. Application shall be made in a manner and form to be
determined by such county clerk.

 EXISTING LAW :

New bill.

 JUSTIFICATION :
As the law now sits If your offender is found guilty of and convicted
ofa felony crime against you or another family member who resides with
you but co-owns property with the victim, they(the offender) still
have the ability to disallow the victim the ability to sell,
refinance, or lease without their permission and can withhold that
permission keeping their victim hostage mentally and sometimes
financially.

We must make every effort to assist survivors of these violent crimes
from continuing to be victimized even after their offenders have been
tried, and convicted.

 FISCAL IMPLICATIONS :
None to State.

 LOCAL FISCAL IMPLICATIONS :
Nominal administrative fees for change.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7639 (ACTIVE) - Bill Text download pdf

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

                                  7639

                            I N  S E N A T E

                             April 28, 2010
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the executive law, in relation to  victims  of  domestic
  violence

  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 section 577 to
read as follows:
  S 577. VIOLENT FELON  REMOVED  FROM  DEED  WITH  VICTIM.  1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "VIOLENT FELONY OFFENSE" SHALL HAVE THE SAME MEANING SET FORTH  IN
SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW;
  (B)  "VICTIM  OF  DOMESTIC  VIOLENCE"  SHALL  MEAN ANY PERSON WHO IS A
VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLENT FELONY OFFENSE; AND
  (I) SUCH ACT OR ACTS HAVE RESULTED IN  ACTUAL  PHYSICAL  OR  EMOTIONAL
INJURY  OR HAVE CREATED A SUBSTANTIAL RISK OF PHYSICAL OR EMOTIONAL HARM
TO SUCH PERSON OR SUCH PERSON'S CHILD; AND
  (II) SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED  BY  A
FAMILY OR HOUSEHOLD MEMBER.
  2.  ANY  VICTIM  OF DOMESTIC VIOLENCE WHO HOLDS TITLE TO REAL PROPERTY
WITH THE PERSON WHO WAS CONVICTED OF THE VIOLENT  FELONY  OFFENSE  WHICH
CONSTITUTED  THE  DOMESTIC VIOLENCE AGAINST SUCH VICTIM MAY APPLY TO THE
COUNTY CLERK IN THE COUNTY IN WHICH SUCH REAL  PROPERTY  IS  LOCATED  TO
REMOVE  THE  NAME  OF SUCH VIOLENT FELONY OFFENDER FROM THE DEED OF SUCH
REAL PROPERTY. APPLICATION SHALL BE MADE IN A  MANNER  AND  FORM  TO  BE
DETERMINED BY SUCH COUNTY CLERK.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16995-02-0

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