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

                                   613

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, CASTRO, GALEF, TITUS, MAYERSOHN
  -- Multi-Sponsored by -- M. of A. BOYLAND, BURLING,  CALHOUN,  CORWIN,
  CROUCH,  DESTITO,  GIBSON,  GLICK  --  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01321-01-1
              

A. 613                              2

  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.
  (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

A. 613                              3

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) "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.