S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7034
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, GALEF, TITUS -- Multi-Sponsored
   by -- M. of A.  CROUCH, GLICK -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   "protection of victims of domestic violence act"

   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  article  22-A
 to read as follows:
                               ARTICLE 22-A
                PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
 SECTION 636. SHORT TITLE.
         637. CONDITIONS  FOR  RELEASING  DEFENDANTS TO PROTECTIVE CONDI-
                       TIONS.
   § 636. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE ACT".
   §  637.  CONDITIONS FOR RELEASING DEFENDANTS TO PROTECTIVE CONDITIONS.
 1.  A JUDGE MAY RELEASE UNDER THIS SECTION A DEFENDANT SUBJECT TO CONDI-
 TIONS REASONABLY NECESSARY FOR THE  PROTECTION  OF  ONE  OR  MORE  NAMED
 PERSONS.  IF  A JUDGE RELEASES UNDER THIS SECTION A DEFENDANT SUBJECT TO
 PROTECTIVE CONDITIONS, THE JUDGE SHALL MAKE A FINDING OF  THE  NEED  FOR
 PROTECTIVE  CONDITIONS  AND  INFORM  THE DEFENDANT ON THE RECORD, EITHER
 ORALLY OR BY A WRITING THAT IS PERSONALLY DELIVERED TO THE DEFENDANT, OF
 THE SPECIFIC CONDITIONS IMPOSED AND THAT IF  THE  DEFENDANT  VIOLATES  A
 CONDITION  OF  RELEASE,  HE  OR  SHE WILL BE SUBJECT TO ARREST WITHOUT A
 WARRANT AND MAY HAVE HIS OR HER BAIL FORFEITED OR REVOKED AND NEW CONDI-
 TIONS OF RELEASE IMPOSED, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE
 IMPOSED IF THE DEFENDANT IS FOUND IN CONTEMPT OF COURT.
   2. AN ORDER OR AMENDED ORDER ISSUED  UNDER  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL CONTAIN ALL OF THE FOLLOWING:
   (A) A STATEMENT OF THE DEFENDANT'S FULL NAME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04700-01-9

 A. 7034                             2
 
   (B)  A STATEMENT OF THE DEFENDANT'S HEIGHT, WEIGHT, RACE, SEX, DATE OF
 BIRTH, HAIR COLOR, EYE COLOR, AND ANY OTHER IDENTIFYING INFORMATION  THE
 JUDGE CONSIDERS APPROPRIATE.
   (C) A STATEMENT OF THE DATE THE CONDITIONS BECOME EFFECTIVE.
   (D) A STATEMENT OF THE DATE ON WHICH THE ORDER WILL EXPIRE.
   (E) A STATEMENT OF THE CONDITIONS IMPOSED.
   3.  AN ORDER OR AMENDED ORDER ISSUED UNDER THIS SUBDIVISION AND SUBDI-
 VISION ONE OF THIS SECTION MAY IMPOSE A CONDITION THAT THE DEFENDANT NOT
 PURCHASE OR POSSESS A FIREARM. HOWEVER, IF THE COURT ORDERS THE  DEFEND-
 ANT  TO  CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS A CONDITION
 OF RELEASE AS DESCRIBED IN SUBDIVISION SIX OF THIS  SECTION,  THE  COURT
 SHALL ALSO IMPOSE A CONDITION THAT THE DEFENDANT NOT PURCHASE OR POSSESS
 A FIREARM.
   4.  THE JUDGE SHALL IMMEDIATELY DIRECT A LAW ENFORCEMENT AGENCY WITHIN
 THE JURISDICTION OF THE COURT, IN WRITING, TO ENTER AN ORDER OR  AMENDED
 ORDER  ISSUED  UNDER SUBDIVISION ONE OF THIS SECTION OR SUBDIVISIONS ONE
 AND THREE OF THIS SECTION INTO THE COMPUTER SYSTEM TO CARRY  INFORMATION
 OF  ORDERS  OF  PROTECTION AND WARRANTS OF ARREST AS PROVIDED BY SECTION
 TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER. IF THE ORDER OR AMENDED  ORDER
 IS  RESCINDED,  THE  JUDGE  SHALL  IMMEDIATELY ORDER THE LAW ENFORCEMENT
 AGENCY TO REMOVE THE ORDER OR AMENDED ORDER FROM THE COMPUTER SYSTEM  TO
 CARRY INFORMATION OF ORDERS OF PROTECTION AND WARRANTS OF ARREST.
   5. A LAW ENFORCEMENT AGENCY WITHIN THE JURISDICTION OF THE COURT SHALL
 IMMEDIATELY  ENTER AN ORDER OR AMENDED ORDER INTO THE COMPUTER SYSTEM TO
 CARRY INFORMATION OF ORDERS OF PROTECTION  AND  WARRANTS  OF  ARREST  AS
 PROVIDED  BY  SECTION TWO HUNDRED TWENTY-ONE-A OF THIS CHAPTER, OR SHALL
 REMOVE THE ORDER OR AMENDED ORDER FROM  THE  COMPUTER  SYSTEM  TO  CARRY
 INFORMATION  OF ORDERS OF PROTECTION AND WARRANTS OF ARREST UPON EXPIRA-
 TION OF THE ORDER OR AS DIRECTED BY THE COURT UNDER SUBDIVISION FOUR  OF
 THIS SECTION.
   6.  IF  A  DEFENDANT  WHO  IS  CHARGED WITH A CRIME INVOLVING DOMESTIC
 VIOLENCE IS RELEASED UNDER THIS SECTION, THE JUDGE MAY ORDER THE DEFEND-
 ANT TO CARRY OR WEAR A GLOBAL POSITIONING SYSTEM DEVICE AS  A  CONDITION
 OF  RELEASE. WITH THE INFORMED CONSENT OF THE VICTIM, THE COURT MAY ALSO
 ORDER THE DEFENDANT TO PROVIDE THE VICTIM OF THE CHARGED CRIME  WITH  AN
 ELECTRONIC  RECEPTOR  DEVICE CAPABLE OF RECEIVING THE GLOBAL POSITIONING
 SYSTEM INFORMATION FROM THE DEVICE CARRIED OR WORN BY THE DEFENDANT THAT
 NOTIFIES THE VICTIM IF THE DEFENDANT IS LOCATED WITHIN  A  PROXIMITY  TO
 THE  VICTIM  AS DETERMINED BY THE JUDGE IN CONSULTATION WITH THE VICTIM.
 THE VICTIM SHALL ALSO BE FURNISHED WITH A  TELEPHONE  CONTACT  WITH  THE
 LOCAL  LAW  ENFORCEMENT  AGENCY  TO  REQUEST IMMEDIATE ASSISTANCE IF THE
 DEFENDANT IS LOCATED WITHIN THAT PROXIMITY TO THE VICTIM.  IN  ADDITION,
 THE  VICTIM  MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR
 SHE WOULD LIKE THE DEFENDANT EXCLUDED.  THE  COURT  SHALL  CONSIDER  THE
 VICTIM'S  REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE
 PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITION-
 ING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF  THE  DEFENDANT  VIOLATES
 THE ORDER. IN DETERMINING WHETHER TO ORDER A DEFENDANT TO PARTICIPATE IN
 GLOBAL POSITIONING SYSTEM MONITORING, THE COURT SHALL CONSIDER THE LIKE-
 LIHOOD  THAT  THE DEFENDANT'S PARTICIPATION IN GLOBAL POSITIONING SYSTEM
 MONITORING WILL DETER THE DEFENDANT FROM  SEEKING  TO  KILL,  PHYSICALLY
 INJURE,  STALK,  OR  OTHERWISE  THREATEN  THE VICTIM PRIOR TO TRIAL. THE
 VICTIM MAY REQUEST THE COURT TO TERMINATE THE VICTIM'S PARTICIPATION  IN
 GLOBAL  POSITIONING  SYSTEM MONITORING OF THE DEFENDANT AT ANY TIME. THE
 COURT SHALL NOT IMPOSE SANCTIONS ON THE VICTIM FOR REFUSING  TO  PARTIC-
 IPATE  IN  GLOBAL  POSITIONING  SYSTEM  MONITORING UNDER THIS SECTION. A

 A. 7034                             3

 DEFENDANT DESCRIBED IN THIS SECTION SHALL ONLY BE  RELEASED  UNDER  THIS
 SECTION  IF HE OR SHE AGREES TO PAY THE COST OF THE DEVICE AND ANY MONI-
 TORING OF THE DEVICE AS A CONDITION OF RELEASE OR TO  PERFORM  COMMUNITY
 SERVICE WORK IN LIEU OF PAYING THAT COST. AS USED IN THIS SECTION:
   (A)  "DOMESTIC  VIOLENCE" MEANS AN ACT WHICH WOULD CONSTITUTE A FAMILY
 OFFENSE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED  TWELVE  OF
 THE FAMILY COURT ACT.
   (B)  "GLOBAL  POSITIONING  SYSTEM"  MEANS A SYSTEM THAT ELECTRONICALLY
 DETERMINES AND REPORTS THE LOCATION OF AN  INDIVIDUAL  BY  MEANS  OF  AN
 ANKLE BRACELET TRANSMITTER OR SIMILAR DEVICE WORN BY THE INDIVIDUAL THAT
 TRANSMITS  LATITUDE AND LONGITUDE DATA TO MONITORING AUTHORITIES THROUGH
 GLOBAL POSITIONING SATELLITE TECHNOLOGY BUT DOES NOT CONTAIN OR  OPERATE
 ANY  GLOBAL POSITIONING SYSTEM TECHNOLOGY OR RADIO FREQUENCY IDENTIFICA-
 TION TECHNOLOGY OR SIMILAR TECHNOLOGY THAT IS IMPLANTED IN OR  OTHERWISE
 INVADES OR VIOLATES THE CORPOREAL BODY OF THE INDIVIDUAL.
   (C)  "INFORMED  CONSENT"  MEANS  THAT THE VICTIM WAS GIVEN INFORMATION
 CONCERNING ALL OF THE FOLLOWING  BEFORE  CONSENTING  TO  PARTICIPATE  IN
 GLOBAL POSITIONING SYSTEM MONITORING:
   (1)  THE VICTIM'S RIGHT TO REFUSE TO PARTICIPATE IN GLOBAL POSITIONING
 SYSTEM MONITORING AND THE PROCESS FOR REQUESTING THE COURT TO  TERMINATE
 THE VICTIM'S PARTICIPATION AFTER IT HAS BEEN ORDERED.
   (2) THE MANNER IN WHICH THE GLOBAL POSITIONING SYSTEM MONITORING TECH-
 NOLOGY  FUNCTIONS  AND THE RISKS AND LIMITATIONS OF THAT TECHNOLOGY, AND
 THE EXTENT TO WHICH THE  SYSTEM  WILL  TRACK  AND  RECORD  THE  VICTIM'S
 LOCATION AND MOVEMENTS.
   (3)  THE  BOUNDARIES  IMPOSED ON THE DEFENDANT DURING THE GLOBAL POSI-
 TIONING SYSTEM MONITORING.
   (4) SANCTIONS THAT THE COURT MAY IMPOSE ON THE DEFENDANT FOR VIOLATING
 AN ORDER ISSUED UNDER THIS SUBDIVISION.
   (5) THE PROCEDURE THAT THE  VICTIM  IS  TO  FOLLOW  IF  THE  DEFENDANT
 VIOLATES AN ORDER ISSUED UNDER THIS SUBDIVISION OR IF GLOBAL POSITIONING
 SYSTEM EQUIPMENT FAILS.
   (6)  IDENTIFICATION OF SUPPORT SERVICES AVAILABLE TO ASSIST THE VICTIM
 TO DEVELOP A SAFETY PLAN TO USE IF THE COURT'S ORDER ISSUED  UNDER  THIS
 SUBDIVISION IS VIOLATED OR IF GLOBAL POSITIONING SYSTEM EQUIPMENT FAILS.
   (7)  IDENTIFICATION  OF  COMMUNITY  SERVICES  AVAILABLE  TO ASSIST THE
 VICTIM IN OBTAINING SHELTER, COUNSELING, EDUCATION,  CHILD  CARE,  LEGAL
 REPRESENTATION,  AND  OTHER  HELP  IN  ADDRESSING  THE  CONSEQUENCES AND
 EFFECTS OF DOMESTIC VIOLENCE.
   (8) THE NONCONFIDENTIAL NATURE OF THE VICTIM'S COMMUNICATIONS WITH THE
 COURT  CONCERNING  GLOBAL  POSITIONING   SYSTEM   MONITORING   AND   THE
 RESTRICTIONS TO BE IMPOSED UPON THE DEFENDANT'S MOVEMENTS.
   7.  THIS  SECTION  DOES  NOT  LIMIT  THE AUTHORITY OF JUDGES TO IMPOSE
 PROTECTIVE OR OTHER RELEASE CONDITIONS UNDER OTHER  APPLICABLE  STATUTES
 OR COURT RULES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.