S T A T E   O F   N E W   Y O R K
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                                  2041

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed 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.
                                                           LBD05219-01-5
              

S. 2041                             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 separate-
ly  amended by sections 14 and 67 of part A of chapter 56 of the laws of
2010, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice services, office of court administration, and the office for the
prevention  of domestic violence, shall develop 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 proce-
dure 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 PURSU-
ANT 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 jurisdiction in another state, territorial or tribal
jurisdiction, special orders of conditions issued pursuant  to  subpara-
graph  (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 fami-
ly 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 superinten-
dent shall establish and maintain such  registry  for  the  purposes  of
ascertaining  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.