A. 10039 2
§ 2. Subdivisions (i) and (j) of section 446 of the family court act,
as amended by chapter 526 of the laws of 2013, are amended to read as
follows:
(i) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this subdivision, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(j) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS SUBDIVISION, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(K) to observe such other conditions as are necessary to further the
purposes of protection.
§ 3. Subdivisions (j) and (k) of section 551 of the family court act,
as amended by chapter 526 of the laws of 2013, are amended to read as
follows:
(j) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this subdivision, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
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bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(k) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS SUBDIVISION, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(L) to observe such other conditions as are necessary to further the
purposes of protection.
§ 4. Subdivisions (j) and (k) of section 656 of the family court act,
as amended by chapter 526 of the laws of 2013, are amended to read as
follows:
(j) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this subdivision, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(k) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS SUBDIVISION, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(L) to observe such other conditions as are necessary to further the
purposes of protection.
§ 5. Subdivisions (g), (h) and (i) of section 759 of the family court
act, subdivision (g) as amended by chapter 948 of the laws of 1984,
subdivision (h) as added by chapter 253 of the laws of 2006, paragraph 1
of subdivision (h) as amended by chapter 532 of the laws of 2008, and
subdivision (i) as added by chapter 483 of the laws of 1995 and as
relettered by chapter 253 of the laws of 2006, are amended to read as
follows:
(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order[.];
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(h) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the person protected by the order or
a minor child residing in such person's household.
2. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law[.];
(i) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS SUBDIVISION, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(J) to observe such other conditions as are necessary to further the
purposes of protection.
§ 6. Subdivisions (j) and (k) of section 842 of the family court act,
as amended by chapter 335 of the laws of 2019, are amended to read as
follows:
(j) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this subdivision, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(k) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS SUBDIVISION, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(L) to observe such other conditions as are necessary to further the
purposes of protection.
§ 7. Paragraphs (h) and (i) of subdivision 1 of section 1056 of the
family court act, as amended by chapter 526 of the laws of 2013, are
amended to read as follows:
(h) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
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document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this paragraph, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(i) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS PARAGRAPH, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(J) to observe such other conditions as are necessary to further the
purposes of protection.
§ 8. Subparagraph 7 of paragraph (a) of subdivision 1 of section
530.12 of the criminal procedure law, as amended by chapter 526 of the
laws of 2013, is amended and a new subparagraph 8 is added to read as
follows:
(7) (A) to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(i) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (ii) specify the manner in which such return shall
be accomplished.
(B) For purposes of this subparagraph, "identification document" shall
mean any of the following: (i) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (ii) upon motion and after notice and an opportunity to be heard,
any of the following, including those that may reflect joint use or
ownership, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents[.];
(8) (A) TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
(B) FOR PURPOSES OF THIS SUBPARAGRAPH, "CONNECTED DEVICE" SHALL MEAN
ANY DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO
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THE INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
§ 8-a. Paragraphs (c) and (e) of subdivision 5 of section 530.12 of
the criminal procedure law, paragraph (c) as amended and paragraph (e)
as added by chapter 483 of the laws of 1995, are amended and a new para-
graph (f) is added to read as follows:
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section 530.11 of this article, or any criminal offense
against the child or against the family or household member or against
any person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons; [or]
(e) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this chap-
ter, the family court act or the domestic relations law[.]; OR
(F) (I) TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
(II) FOR PURPOSES OF THIS PARAGRAPH, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
§ 9. Paragraph (c) of subdivision 1 of section 530.13 of the criminal
procedure law, as added by chapter 253 of the laws of 2006, is amended
and a new paragraph (d) is added to read as follows:
(c) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by such victim or victims or a minor
child residing in such victim's or victims' household.
2. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law[.];
(D) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS PARAGRAPH, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
§ 9-a. Paragraph (c) of subdivision 4 of section 530.13 of the crimi-
nal procedure law, as added by chapter 253 of the laws of 2006, is
amended and a new paragraph (d) is added to read as follows:
(c) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by such victim or victims or a minor
child residing in such victim's or victims' household.
2. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law[.];
(D) 1. TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
2. FOR PURPOSES OF THIS PARAGRAPH, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
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§ 10. Subparagraphs 8 and 9 of paragraph a of subdivision 3 of section
240 of the domestic relations law, as amended by chapter 526 of the laws
of 2013, are amended to read as follows:
(8) (i) to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
(ii) For purposes of this subparagraph, "identification document"
shall mean any of the following: (A) exclusively in the name of the
protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to
access bank, credit or other financial accounts or records, tax returns,
any driver's license, and immigration documents including but not limit-
ed to a United States permanent resident card and employment authori-
zation document; and (B) upon motion and after notice and an opportunity
to be heard, any of the following, including those that may reflect
joint use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents; [and]
(9) (I) TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
(II) FOR PURPOSES OF THIS SUBPARAGRAPH, "CONNECTED DEVICE" SHALL MEAN
ANY DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO
THE INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(10) to observe such other conditions as are necessary to further the
purposes of protection.
§ 11. Paragraphs (h) and (i) of subdivision 1 of section 252 of the
domestic relations law, as amended by chapter 526 of the laws of 2013,
are amended to read as follows:
(h) (1) to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
(2) For purposes of this paragraph, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
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bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; [and]
(i) (1) TO REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES
AFFECTING THE HOME, VEHICLE OR PROPERTY OF THE PERSON PROTECTED BY THE
ORDER.
(2) FOR PURPOSES OF THIS PARAGRAPH, "CONNECTED DEVICE" SHALL MEAN ANY
DEVICE, OR OTHER PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING TO THE
INTERNET, DIRECTLY OR INDIRECTLY, AND THAT IS ASSIGNED AN INTERNET
PROTOCOL ADDRESS OR BLUETOOTH ADDRESS; AND
(J) to observe such other conditions as are necessary to further the
purposes of protection.
§ 12. This act shall take effect immediately.