Assembly Bill A10094

2015-2016 Legislative Session

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A10094 (ACTIVE) - Details

See Senate Version of this Bill:
S3335
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.13-a, CP L; add §153-d, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A10663, S733
2011-2012: A3677, S2942
2013-2014: A6289, S3622
2017-2018: A4370, S4060
2019-2020: A3093, S375
2021-2022: S4496
2023-2024: S2828

2015-A10094 (ACTIVE) - Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

2015-A10094 (ACTIVE) - Bill Text download pdf 

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

                                  10094

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation to notification of service of ex parte orders of protection

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 530.13-a to read as follows:
S 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
  1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
SERVED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
  S 2. The family court act is amended by adding a new section 153-d  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01290-01-5

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