S T A T E O F N E W Y O R K
________________________________________________________________________
2267
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
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Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the executive law, in relation to the fair treatment
standards for crime victims
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 645-a
to read as follows:
S 645-A. INFORMATION RELATIVE TO ORDERS OF PROTECTION. EVERY COURT
CLERK SHALL BE RESPONSIBLE FOR PROVIDING INFORMATION TO INDIVIDUALS
PETITIONING FOR EX PARTE ORDERS OF PROTECTION REGARDING NOTIFICATION OF
SERVICE OF THESE ORDERS OF PROTECTION. SUCH NOTIFICATION TO THE PETI-
TIONER IS REQUIRED IF THE PETITIONER HAS REGISTERED A TELEPHONE NUMBER
WITH THE STATE'S VICTIM NOTIFICATION SYSTEM, ESTABLISHED UNDER SUBDIVI-
SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS CHAPTER. THE PETI-
TIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICATION OF
SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE RESPONDENT
BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW TO RECEIVE
NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO
COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERNMENT AGENCY
RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR SUMMONS TO
COURT SHALL RECORD THE SERVICE OF THESE ORDERS OF PROTECTION INTO A LAW
ENFORCEMENT DATABASE, OR SIMILAR ELECTRONIC RECORD KEEPING SYSTEM, AT
THE TIME WHEN SERVICE OCCURS. THE PROVISION OF THIS SECTION SHALL ONLY
APPLY TO THOSE COURT CLERKS ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICA-
TION SYSTEM DESIGNED TO PROVIDE NOTIFICATION OF SERVICE OF ORDERS OF
PROTECTION.
S 2. Subdivision 2 of section 646-a of the executive law is amended by
adding a new paragraph (h) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06709-01-3
S. 2267 2
(H) THE RIGHTS OF CRIME VICTIMS TO BE PROVIDED WITH INFORMATION
REGARDING SERVICE OF EX PARTE ORDERS OF PROTECTION OR SUMMONS TO COURT
AS PROVIDED BY SECTION SIX HUNDRED FORTY-FIVE-A OF THIS ARTICLE.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.