S T A T E   O F   N E W   Y O R K
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                                  2602

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. SWEENEY
  -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to authorizing a court to file non-family  offense  temporary
  orders  of  protection  and orders of protection with the computerized
  registry established for such information

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

  Section  1.  Subdivision 5 of section 530.13 of the criminal procedure
law, as amended by chapter 462 of the laws of 2002, is amended  to  read
as follows:
  5.  The court shall inquire as to the existence of any other orders of
protection between the defendant and the person or persons for whom  the
order  of protection is sought. An order of protection issued under this
section shall plainly state the date that such order expires. Orders  of
protection issued to protect victims of domestic violence, as defined in
section  four  hundred fifty-nine-a of the social services law, shall be
on uniform statewide forms that shall be promulgated by the chief admin-
istrator of the courts in a manner to ensure the compatibility  of  such
forms  with  the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of  the  execu-
tive  law.  A  copy  of  an  order of protection or a temporary order of
protection issued pursuant to subdivision one, two, three,  or  four  of
this section shall be filed by the clerk of the court with the sheriff's
office  in the county in which such victim or victims reside, or, if the
victim or victims reside within a city, with the  police  department  of
such  city,  AND SHALL BE FILED WITH THE COMPUTERIZED REGISTRY OF ORDERS
OF PROTECTION AND ARREST WARRANTS ESTABLISHED PURSUANT  TO  SECTION  TWO
HUNDRED  TWENTY-ONE-A  OF  THE  EXECUTIVE LAW WHERE THE COURT DETERMINES
THAT SUCH FILING IS REQUIRED TO IMPLEMENT THE PURPOSES OF SUCH ORDER.  A
copy of such order of protection or temporary order  of  protection  may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02179-01-9
              

A. 2602                             2

from  time  to  time  be  filed by the clerk of the court with any other
police department or sheriff's office having jurisdiction of  the  resi-
dence, work place, and school of anyone intended to be protected by such
order. A copy of the order may also be filed by the victim or victims at
the  appropriate  police department or sheriff's office having jurisdic-
tion. Any subsequent amendment or revocation  of  such  order  shall  be
filed in the same manner as herein provided.
  S  2.  Subdivision 1 of section 221-a of the executive law, as amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice  services,  office  of  court  administration,  the  division of
probation and  correctional  alternatives,  the  state  office  for  the
prevention of domestic violence and the division for women, shall devel-
op  a  comprehensive  plan  for  the  establishment and maintenance of a
statewide computerized registry  of  all  orders  of  protection  issued
pursuant  to articles four, five, six and eight of the family court act,
section 530.12 of the  criminal  procedure  law  and,  insofar  as  they
involve  victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the  criminal
procedure  law  and sections two hundred forty and two hundred fifty-two
of the domestic relations law AND THOSE ORDERS  OF  PROTECTION  WHICH  A
COURT  ORDERS  FILED  WITH  THE REGISTRY PURSUANT TO SUBDIVISION FIVE OF
SECTION 530.13 OF THE CRIMINAL PROCEDURE LAW, AND  ANY  WARRANT  ARISING
THEREFROM, and orders of protection issued by courts of competent juris-
diction  in  another  state, territorial or tribal jurisdiction, special
orders of conditions issued pursuant to  subparagraph  (i)  or  (ii)  of
paragraph  (o)  of  subdivision  one  of  section 330.20 of the criminal
procedure law insofar as they involve a victim or  victims  of  domestic
violence  as  defined  by subdivision one of section four hundred fifty-
nine-a of the social services law or a designated witness  or  witnesses
to  such domestic violence, and all warrants issued pursuant to sections
one hundred fifty-three and eight hundred  twenty-seven  of  the  family
court  act,  and  arrest  and  bench warrants as defined in subdivisions
twenty-eight, twenty-nine and thirty of section  1.20  of  the  criminal
procedure  law, insofar as such warrants pertain to orders of protection
or temporary orders of  protection;  provided,  however,  that  warrants
issued  pursuant  to section one hundred fifty-three of the family court
act pertaining to articles three, seven and ten of such act and  section
530.13  of  the  criminal  procedure  law EXCEPT AS PROVIDED FOR IN THIS
SUBDIVISION shall not be included in the  registry.  The  superintendent
shall  establish  and  maintain such registry for the purposes of ascer-
taining the existence of  orders  of  protection,  temporary  orders  of
protection, warrants and special orders of conditions, and for enforcing
the provisions of paragraph (b) of subdivision four of section 140.10 of
the criminal procedure law.
  S  3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.