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

                                  6262

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2015
                               ___________

Introduced  by  M.  of  A. JOYNER, WEINSTEIN, ROSENTHAL, TITUS, SIMOTAS,
  SEAWRIGHT, SIMON, PERSAUD, BICHOTTE, PAULIN -- Multi-Sponsored  by  --
  M.  of  A. CLARK, JAFFEE, JEAN-PIERRE, LAVINE, LUPARDO, MAYER, RUSSELL
  -- read once and referred to the Committee on Judiciary

AN ACT to amend the family court act and the judiciary law, in  relation
  to establishing a pilot program for the filing of petitions for tempo-
  rary orders of protection by electronic means and for issuance of such
  orders  ex parte by audio-visual means and to amend the executive law,
  in relation to review and reports by the chief  administrator  of  the
  courts

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

  Section 1. Section 153-c of the family court act, as added by  chapter
416 of the laws of 1981, is amended to read as follows:
  S  153-c.  Temporary  order of protection. (A) Any person appearing at
family court when the court is open  requesting  a  temporary  order  of
protection  under  any  article  of this act shall be entitled to file a
petition without delay on the same day such person first appears at  the
family  court,  and  a hearing on that request shall be held on the same
day or the next day that the family court is open following  the  filing
of such petition.
  (B)  AS  PROVIDED  IN  THIS  SECTION,  THE  CHIEF ADMINISTRATOR OF THE
COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
PROMULGATE RULES TO ESTABLISH AND IMPLEMENT  A  PILOT  PROGRAM  FOR  THE
FILING  OF  PETITIONS  FOR  TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC
MEANS AND FOR THE ISSUANCE OF SUCH ORDERS EX PARTE BY AUDIO-VISUAL MEANS
IN ORDER TO ACCOMMODATE LITIGANTS FOR WHOM ATTENDANCE AT COURT  TO  FILE
FOR,  AND OBTAIN, EMERGENCY RELIEF WOULD CONSTITUTE AN UNDUE HARDSHIP OR
TO ACCOMMODATE LITIGANTS, FOR WHOM TRAVELING TO  AND  APPEARING  IN  THE
COURTHOUSE  TO  OBTAIN  EMERGENCY RELIEF, CREATES A RISK OF HARM TO SUCH
LITIGANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07122-01-5
              

A. 6262                             2

  (1) DEFINITIONS. AS USED IN THIS SECTION:
  (I) "ELECTRONIC MEANS" MEANS ANY METHOD OF TRANSMISSION OF INFORMATION
BETWEEN  COMPUTERS OR OTHER MACHINES DESIGNED FOR THE PURPOSE OF SENDING
AND RECEIVING SUCH TRANSMISSIONS, AND  WHICH  ALLOWS  THE  RECIPIENT  TO
REPRODUCE   THE   INFORMATION   TRANSMITTED  IN  A  TANGIBLE  MEDIUM  OF
EXPRESSION.
  (II) "INDEPENDENT AUDIO-VISUAL SYSTEM" MEANS AN ELECTRONIC SYSTEM  FOR
THE TRANSMISSION AND RECEIVING OF AUDIO AND VISUAL SIGNALS, ENCOMPASSING
ENCODED  SIGNALS,  FREQUENCY DOMAIN MULTIPLEXING OR OTHER SUITABLE MEANS
TO PRECLUDE THE UNAUTHORIZED RECEPTION AND DECODING OF  THE  SIGNALS  BY
COMMERCIALLY  AVAILABLE  TELEVISION  RECEIVERS,  CHANNEL  CONVERTERS, OR
OTHER AVAILABLE RECEIVING DEVICES.
  (III) "ELECTRONIC APPEARANCE" MEANS AN APPEARANCE IN WHICH ONE OR MORE
OF THE PARTIES ARE NOT PRESENT IN THE COURT, BUT IN WHICH, BY  MEANS  OF
AN  INDEPENDENT  AUDIO-VISUAL SYSTEM, ALL OF THE PARTICIPANTS ARE SIMUL-
TANEOUSLY ABLE TO SEE AND HEAR REPRODUCTIONS OF THE VOICES AND IMAGES OF
THE JUDGE, COUNSEL, PARTIES, WITNESSES, IF ANY AND OTHER PARTICIPANTS.
  (2) DEVELOPMENT OF A PILOT PROGRAM. A PLAN FOR A PILOT PROGRAM  PURSU-
ANT TO THIS SECTION SHALL BE DEVELOPED BY THE CHIEF ADMINISTRATOR OF THE
COURTS  OR  HIS  OR  HER DELEGATE IN CONSULTATION WITH ONE OR MORE LOCAL
PROGRAMS PROVIDING ASSISTANCE  TO  VICTIMS  OF  DOMESTIC  VIOLENCE,  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, AND ATTORNEYS WHO REPRE-
SENT  FAMILY  OFFENSE  PETITIONS.    THE  PLAN SHALL INCLUDE, BUT IS NOT
LIMITED TO:
  (I) IDENTIFICATION OF ONE OR MORE FAMILY JUSTICE CENTERS OR  ORGANIZA-
TIONS  OR AGENCIES OR OTHER SITES OUTSIDE OF THE LOCAL FAMILY COURT THAT
ARE EQUIPPED WITH, OR HAVE ACCESS TO, AN INDEPENDENT AUDIO-VISUAL SYSTEM
AND ELECTRONIC MEANS FOR FILING DOCUMENTS THAT ARE COMPATIBLE  WITH  THE
EQUIPMENT  IN  THE  LOCAL  FAMILY COURT, WITH CONSIDERATION GIVEN TO THE
LOCATION OF SUCH SITE OR SITES AND AVAILABLE RESOURCES; AND
  (II) IDENTIFICATION OF ONE OR MORE LICENSED  AND  CERTIFIED  ORGANIZA-
TIONS,  AGENCIES  OR  ENTITIES  WITH  ADVOCATES  FOR VICTIMS OF DOMESTIC
VIOLENCE WHO ARE TRAINED, AND AVAILABLE TO ASSIST PETITIONERS IN PREPAR-
ING AND FILING PETITIONS FOR TEMPORARY ORDERS OF PROTECTION AND IN THEIR
ELECTRONIC APPEARANCES BEFORE THE FAMILY COURT TO  OBTAIN  SUCH  ORDERS;
AND
  (III)  IDENTIFICATION  OF  THE  EXISTING  RESOURCES AVAILABLE IN LOCAL
FAMILY COURTS FOR THE IMPLEMENTATION AND OVERSIGHT OF THE PILOT PROGRAM;
AND
  (IV) DELINEATION OF PROCEDURES FOR FILING OF THE PETITIONS  AND  DOCU-
MENTS,  IF ANY, BY ELECTRONIC MEANS, SWEARING IN THE PETITIONERS AND ANY
WITNESSES,  PREPARATION  OF  A  VERBATIM  TRANSCRIPTION   OF   TESTIMONY
PRESENTED  AND  A  RECORD OF EVIDENCE ADDUCED AND PROMPT TRANSMISSION OF
ANY ORDERS ISSUED TO THE PETITIONERS; AND
  (V) A TIMETABLE FOR IMPLEMENTATION OF THE PILOT PROGRAM AND  PLAN  FOR
INFORMING THE PUBLIC OF ITS AVAILABILITY; AND
  (VI)  A  DESCRIPTION OF DATA TO BE COLLECTED IN ORDER TO EVALUATE AND,
IF  NECESSARY,  MAKE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE  PILOT
PROGRAM.
  (3)  FILING  BY  ELECTRONIC  MEANS.  IN CONJUNCTION WITH AN ELECTRONIC
APPEARANCE UNDER THIS SECTION, PETITIONERS FOR EX PARTE TEMPORARY ORDERS
OF PROTECTION MAY, WITH THE ASSISTANCE OF  TRAINED  ADVOCATES,  COMMENCE
THE PROCEEDINGS BY FILING PETITIONS BY ELECTRONIC MEANS.
  (I) A PETITIONER WHO SEEKS A TEMPORARY ORDER OF PROTECTION EX PARTE BY
USE  OF AN ELECTRONIC APPEARANCE MUST FILE A PETITION IN ADVANCE OF SUCH
APPEARANCE AND MAY DO SO BY ELECTRONIC MEANS.  THE PETITIONER SHALL  SET

A. 6262                             3

FORTH THE CIRCUMSTANCES IN WHICH TRAVELING TO OR APPEARING IN THE COURT-
HOUSE  WOULD  CONSTITUTE  AN UNDUE HARDSHIP, OR CREATE A RISK OF HARM TO
THE PETITIONER. IN GRANTING OR DENYING THE RELIEF SOUGHT  BY  THE  PETI-
TIONER, THE COURT SHALL STATE THE NAMES OF ALL PARTICIPANTS, AND WHETHER
IT  IS  GRANTING  OR  DENYING  AN APPEARANCE BY ELECTRONIC MEANS AND THE
BASIS FOR SUCH DETERMINATION; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
SECTION SHALL BE CONSTRUED TO COMPEL A PARTY TO FILE A PETITION OR OTHER
DOCUMENT  BY  ELECTRONIC  MEANS  OR TO TESTIFY BY MEANS OF AN ELECTRONIC
APPEARANCE.
  (II) NOTHING IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING  LAWS
GOVERNING  THE  SERVICE  OF PROCESS, INCLUDING REQUIREMENTS FOR PERSONAL
SERVICE, OR THE SEALING AND CONFIDENTIALITY OF COURT RECORDS  IN  FAMILY
COURT  PROCEEDINGS,  OR  ACCESS  TO COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS.
  (4) (I) ALL ELECTRONIC APPEARANCES BY  PETITIONERS  SEEKING  TEMPORARY
ORDERS  OF  PROTECTION  EX  PARTE  UNDER  THIS SECTION SHALL BE STRICTLY
VOLUNTARY AND THE CONSENT OF SUCH PETITIONERS  SHALL  BE  GIVEN  ON  THE
RECORD AT THE COMMENCEMENT OF EACH APPEARANCE.
  (II)  APPEARANCES  TAKEN  THROUGH  THE USE OF AN ELECTRONIC APPEARANCE
UNDER THIS SECTION SHALL BE RECORDED AND  PRESERVED  FOR  TRANSCRIPTION.
DOCUMENTARY  EVIDENCE,  IF ANY, REFERRED TO BY A PARTY OR WITNESS OR THE
COURT MAY BE TRANSMITTED AND  SUBMITTED  AND  INTRODUCED  BY  ELECTRONIC
MEANS.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (t) to read as follows:
  (T) HAVE THE POWER TO ESTABLISH  PILOT  PROGRAMS  FOR  THE  FILING  OF
PETITIONS FOR TEMPORARY ORDERS OF PROTECTION BY ELECTRONIC MEANS AND FOR
THE  ISSUANCE  OF SUCH ORDERS BY AUDIO-VISUAL MEANS PURSUANT TO SUBDIVI-
SION (B) OF SECTION ONE HUNDRED FIFTY-THREE-C OF THE FAMILY  COURT  ACT.
THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN UP-TO-DATE AND PUBLICLY-AVAIL-
ABLE  LISTING  OF  THE  SITES, IF ANY, AT WHICH SUCH APPLICATIONS FOR EX
PARTE TEMPORARY ORDERS OF PROTECTION MAY BE FILED, AND  AT  WHICH  ELEC-
TRONIC  APPEARANCES  IN  SUPPORT  OF SUCH APPLICATIONS MAY BE SOUGHT, IN
ACCORDANCE WITH SUCH SECTION ONE HUNDRED  FIFTY-THREE-C  OF  THE  FAMILY
COURT  ACT.    IN DEVELOPING SUCH PILOT PROGRAM, THE CHIEF ADMINISTRATOR
SHALL STRIVE FOR A PROGRAM THAT IS REGIONALLY DIVERSE,  AND  TAKES  INTO
CONSIDERATION,  AMONG OTHER THINGS, THE AVAILABILITY OF PUBLIC TRANSPOR-
TATION, POPULATION  DENSITY  AND  THE  AVAILABILITY  OF  FACILITIES  FOR
CONDUCTING SUCH PROGRAM.
  S  3. Section 648 of the executive law, as added by chapter 893 of the
laws of 1986, is amended to read as follows:
  S 648. Review; report and implementation. 1. The  chief  administrator
of  the  unified  court system shall review court practices, procedures,
services, regulations and laws to determine the adequacy  and  appropri-
ateness of its services with respect to crime victims, including victims
with  special  needs,  particularly  the elderly, disabled or victims of
child abuse, domestic violence, SEX TRAFFICKING or sex-related offenses.
Such review shall include reasonable opportunity for public comment  and
consultation  with  crime  victims  or  their  representatives,  and may
include public hearings.
  2. After the review, and not later than two hundred seventy days after
the effective date of this section, AND NO LATER THAN TWO HUNDRED SEVEN-
TY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND FIFTEEN WHICH AMENDED THIS SECTION, AND EVERY FIVE YEARS  THEREAFT-
ER,  the  chief administrator of the unified court system shall submit a
report to the governor and the legislature, setting forth  the  findings

A. 6262                             4

of  the  review, including a description of the services provided by the
components of the unified court system and recommendations  for  changes
in  its  procedures,  services,  regulations  and  laws  to  improve its
services  to crime victims and to establish and implement fair treatment
standards for crime victims.
  3. Subject to the direction of the chief administrator, the components
of the unified court system shall expeditiously implement the  recommen-
dations of its report.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision,  section  or  part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 5. This act shall take effect April 1, 2016.