NY State Senate Bill 2021-S4496

Senate Bill S4496

2021-2022 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 05, 2022	referred to codes
Feb 05, 2021	referred to codes

2021-S4496 (ACTIVE) - Details

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
2011-2012: S2942
2013-2014: S3622
2015-2016: S3335
2017-2018: S4060
2019-2020: S375
2023-2024: S2828

2021-S4496 (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.

2021-S4496 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4496

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 eligible for this
states, By passing this legislation, New funding.

 
LEGISLATIVE HISTORY:

2020: S.375 Referred to Codes/A.3093 - Referred to Codes
2019: S.375 Referred to Codes/A.3093 - Referred to Codes,
2018: S.4060 - Third Reading Calendar/A.4370 - Referred to Codes
2017: S.4060 - Passed Senate/A.4370- Referred to Codes
2016: S.3335 - Passed Senate/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.

2021-S4496 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4496
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 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
 ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
 BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05889-01-1

 S. 4496                             2
 
   § 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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