NY State Senate Bill 2019-S375

Senate Bill S375

2019-2020 Legislative Session

Provides for immediate notification to a complainant of the service of an ex parte order of protection

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S375 (ACTIVE) - Details

See Assembly Version of this Bill:: A3093
Current Committee:: Senate 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: S733, A10663
2011-2012: S2942, A3677
2013-2014: S3622, A6289
2015-2016: S3335, A10094
2017-2018: S4060, A4370
2021-2022: S4496
2023-2024: S2828

2019-S375 (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.

2019-S375 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S375

SPONSOR: LANZA
 
TITLE OF BILL:  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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 The criminal procedure law is amended by adding a new section
530.13-A to include notification of service of ex parte order of
protection.

Section 2. The family court act is amended by adding a new section
153-d.

Section 3. This act shall take effect on the sixtieth day after it shall
have become a law.

 
JUSTIFICATION:

Access to information is a vital and important concern for crime
victims. in 1993, a young woman was murdered by her former boyfriend
because she did not know that he had been released from jail. Her murder
led to the creation of the automated victim notification system which
over thirty states have adopted, including New York. New York however,
has not taken the next step and extended these automated notifications
to include protective orders. Thousands of victims are killed or revic-
timized each year immediately after an order of protection is served on
their abuser. By including protective orders, victims are notified when
they are in the greatest danger and criminal justice agencies are given
new tools to assist them during this vulnerable time. Notification can
be by mail, telephone, E-mail, or other means of electronic communi-
cation, which will provide security and emotional peace of mind by
allowing victims to be notified in real time when their protection order
request has been served. Congress has already approved millions of
dollars to help states expand their victim notification systems, and the
Bureau of. Justice Assistance within the U S. Department of Justice has
made these grants available to York would become eligib le for this
states, By passing this legislation, New funding.

 
LEGISLATIVE HISTORY:

2018: S.4060- Third Reading Calendar/A.4370 - Referred to Codes
2017: S.4060- PassedSenate/A.4370- Referred to Codes
2016: S.3335- PassedSenate/A.10094- Passed Senate
2015: S.3335- Passed Senate
2014: S.3622- Referred to Codes
2012: S.2942- Passed Senate/A.3677-Referred to Codes
2011: S.2942- Passed Senate/A.3677-Referred to Codes
2010: S.733-Referred to Codes/A.10663 - Referred to Codes
2009: A.733 - Referred to Codes/A.10663
2008: S.7052 - Passed Senate
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S375 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    375
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03505-01-9

 S. 375                              2
 
 ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
 BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
   §  2. The family court act is amended by adding a new section 153-d to
 read as follows:
   § 153-D. 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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