NY State Assembly Bill 2009-A10336

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2010	referred to governmental operations

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2009-A10336 (ACTIVE) - Details

See Senate Version of this Bill:: S6867
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 22-A §§636 & 637, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A613, S1489
2013-2014: A3499, S2914
2015-2016: A2995, S1413
2017-2018: A2027, S3473
2019-2020: A7034, S4784
2021-2022: A4541, S5049
2023-2024: S6013

2009-A10336 (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-A10336 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10336

TITLE OF BILL:  An act to amend the executive law, in relation to estab-
lishing 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 commu-
nity 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  Girl-
friends, 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 neces-
sary 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   (Nation-
al).pdf;    and   see   http://www.dianerosenfeld.Orgluoload/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 imple-
mented, 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., peg, 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 concen-
trated  effort  to  use GPS tracking has been implemented, there were no
such homicides during those two years. (See, Ariana Green, "More  States
Use   CPS   to  Track  Abusers,"  The  New  York  Times,  May  9,  2009,
http://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 safe-
guard for victims of domestic violence. (See, Edna Erez, Peter R.  Ibar-
ry, Norman Lurie, "Electronic Monitoring of Domestic  Violence  Cases  A
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  enforce-
ment.  (See, Erez, Ibarra, Lurie, Id. at 16.) Because bilateral monitor-
ing 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 domes-
tic  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-A10336 (ACTIVE) - Bill Text download pdf

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

                                  10336

                          I N  A S S E M B L Y

                             March 18, 2010
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Governmental Operations

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.
  (C) A STATEMENT OF THE DATE THE CONDITIONS BECOME EFFECTIVE.

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

                                                           LBD15359-01-0

A. 10336                            2

  (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-
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. 10336                            3

  (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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Assembly Bill A10336

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A10336 (ACTIVE) - Details

2009-A10336 (ACTIVE) - Summary

2009-A10336 (ACTIVE) - Sponsor Memo

2009-A10336 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10336

Share this bill

Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

David Koon

Nelson Castro

Susan John

Sandy Galef

multi-Sponsors

Greg Ball

William Boyland

Daniel Burling

Nancy Calhoun

2009-A10336 (ACTIVE) - Details

2009-A10336 (ACTIVE) - Summary

2009-A10336 (ACTIVE) - Sponsor Memo

2009-A10336 (ACTIVE) - Bill Text download pdf

Comments