NY State Senate Bill 2021-S5049

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Feb 22, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S5049 (ACTIVE) - Details

See Assembly Version of this Bill:: A4541
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Add Art 22-A §§636 & 637, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6867, A10336
2011-2012: S1489, A613
2013-2014: S2914, A3499
2015-2016: S1413, A2995
2017-2018: S3473, A2027
2019-2020: S4784, A7034
2023-2024: S6013

2021-S5049 (ACTIVE) - Summary

Relates to the protection of victims of domestic violence act, which requires defendants to wear global positioning systems monitoring the location of the defendant.

2021-S5049 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5049

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
"protection of victims of domestic violence act"

 
PURPOSE:

The purpose of this legislation is to release defendants under protec-
tive conditions, which may or may not include a global device in efforts
to protect the welfare of the victim. Under these conditions of release,
the defendant who is charged with a crime involving domestic violence
shall be monitored by a global positioning system.

 
SUMMARY OF PROVISIONS:

Section one: of the act amends the executive law by adding a new article
22A, containing sections 636 and 637 of said law.

Section 636 of the executive law provides that this legislation shall be
entitled "the protection of victims of domestic violence act".

Section 637 of the executive law provides that if a judge releases a
defendant charged with domestic violence, who is subject to conditions
reasonably necessary to protect one or more named persons and such
conditions are made part of a protective order, he or she shall be
subject to arrest without a warrant and/or may have his/her bail
forfeited or revoked if such conditions are violated.

Section 637 additionally provides that a court may order a defendant in
a domestic violence proceeding to carry or wear a global positioning
system (GPS) device as a condition of his/her release and, upon the
informed consent of the victim, the court may require such defendant to
provide the victim with a receptor device capable of notifying the
victim if the defendant is in proximity to such victim (as is determined
by the judge in consultation with the victim). The GPS device shall he
Paid for by the defendant, unless such defendant opts to perform commu-
nity service instead of paying for such device.  Finally, section 637
explicitly does not limit the ability of the judge to impose other
protective or release conditions allowed under other areas of the law.

Section two: This act shall take effect on the 180th day after it shall
have become law.

 
JUSTIFICATION:

According to the Centers for Disease Control and Prevention and the
National Institute of Justice, 25% of women have experienced domestic
violence in their lifetime. (See, Patricia Tjaden & Nancy Thoennes,
EXTENT, NATURE AND CONSEQUENCES OF INTIMATE PARTNER VIOLENCE, findings
from the National Violence Against Women Study, USDOJ, National Insti-
tutes of Justice, Center for Disease Control, July 2000.) Estimates
range from 960,000 incidents of violence against a current or former
spouse, boyfriend or girlfriend, to as many as 1.3 million women who are
physically abused by an intimate partner each year.(See, U.S. Department
of Justice, Violence by Intimates:  Analysis of Data On Crimes by
Current or Former Spouses, Boyfriends and Girlfriends, March 1998.)
Nearly 81% of women stalked by a current or former intimate partner are
also physically assaulted by that person, and roughly 31% are also sexu-
ally assaulted by that person. (See, Patricia Tjaden & Nancy Thoennes,
"Stalking in America," National Institute for Justice (1998). Finally,
the estimated cost of intimate partner violence exceeds $5.8 billion
each year, more than 70% of which is for direct medical and mental
health services. (See, "Costs of intimate partner Violence Against Women
in the United States," 2003, Centers for Disease Control and
Prevention.)

Domestic violence affects hundreds of thousands of New Yorkers annually.
Each year, an estimated 400,000 domestic violence incidents are reported
to law enforcement in New York, and roughly 300,000 calls are received
by hotlines throughout the State. Domestic violence is also a chron-
ically under reported crime. While there are many theories, one possi-
bility is a perception that the necessary precautions needed to protect
victims of domestic violence are insufficient, or rarely implemented in
a comprehensive manner. One example is the use of orders of protection,
which are often unable to adequately protect individuals (and their
children) from abuse, which creates a sense of helplessness and leads to
unreported incident.

(See http://www.ncadv victims seek the protection of the police or
courts, their batterers often lash out at the victim in what is labeled
retribution assault." There is an obvious need, therefore, to close this
gap in the protection extended to victims of domestic violence.

There are currently 387 monitoring devices in use within New York State
by the Division of Parole. Five are older technology radio frequency
identification (RFID) devices, and 382 are Global Positioning System
(GPS) devices. These GPS devices have multiple uses, among which is the
monitoring of sexual offenders and parolees and, potentially, domestic
violence offenders.

The use of GPS technology to track domestic abusers has been imple-
mented, or is in the process of being adopted, by multiple states,
including California, Colorado, Florida, Illinois, Louisiana, Minnesota,
New Hampshire, Pennsylvania, Texas, Utah, Washington, and the District
of Columbia. (See, Maura Kelly, "Tracking Device: How about using GPS
monitoring to stop batterers?" Slate, May 4, 2007.)  In Massachusetts,
judges have statutory authority to order offenders who have violated an
order of protection to wear a GPS device. (See H.B. 30, 184th Gen. Ct.,
Reg. Sess. (Mass 2008), cited in Diane L.  Rosenfeld, "Correlative
Rights and the Boundaries of. Freedom:  Protecting the Civil Rights of
Endangered Women," 43 Hazy. C.R.-C.L.L. Rev. 257, 261 (2008). The legis-
lation also allows judges "to establish as a condition of probation,
geographic exclusion zones, which can include the victim's residence,
place of work, children' s schools, or other places frequented by the
victim." (Rosenfeld, Id. at 261.)

Although it is difficult to generalize, the Massachusetts experiment
with GPS tracking of domestic abusers has reportedly shown very positive
results. Between 2005 and 2007, domestic violence linked homicides
increased 300k, but in the city of Newburyport, where the most concen-
trated effort to use GPS tracking has been implemented, there were no
such homicides during those two years. (See, Ariana Green, "More States
Use GPS to Track Abusers," The New York Times, May 9, 2009,
http://www.nytimes.com/2009/05/09/us/09gps.html? r=1).  Such a result
implies the need for New York to adopt such a program with regard to
domestic abusers.

The effectiveness of GPS tracking of domestic violence perpetrators can
be enhanced by instituting bilateral monitoring as an additional safe-
guard for victims of domestic violence. (See, Edna Erez, Peter R.
'harry, Norman Lurie, "Electronic Monitoring of Domestic Violence Cases
A Study of Two Bilateral Programs," 68-Jun Fed. Probation is (2004).
Bilateral monitoring provides the victim with a GPS enabled device that
will detect the presence of the defendant when he or she enters a
defined radius, warn the victim, and immediately contact law enforce-
ment. (See, Erez, Marra, Lurie, Id. at 16.) Because bilateral monitoring
has been shown to increase the protection offered to victims of domestic
abuse, this legislation includes such a program.  This legislation will
give courts new tools to protect victims of domestic violence, and will
give victims an enhanced manner of enforcing protective orders, and
greater protection from batterers who violate such orders of protection.

 
LEGISLATIVE HISTORY:

2019-2020: S4784 - Referred to Crime Vicitim, Crime and Correction

2017-2018: S3473 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

2015-2016: S.1413/A.2995 - Referred to Crime Victims, Crime and
Correction

2013-2014: S2914/A.3499- Referred to Crime Victims/referred to Gov't Ops

2011-2012: S.1489/A.613- Referred to. Crime Victims/referred to Gov't
Ops

2010: S.6867/A.10336 -Reported to Codes /Referred to Gov't Ops

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become law.

2021-S5049 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5049
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced by Sens. PARKER, HOYLMAN, SEPULVEDA -- read twice and ordered
   printed,  and  when  printed to be committed to the Committee on Crime
   Victims, Crime and Correction
 
 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.

                                                            LBD06718-01-1

 S. 5049                             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

 S. 5049                             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.

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Senate Bill S5049

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2021-S5049 (ACTIVE) - Details

2021-S5049 (ACTIVE) - Summary

2021-S5049 (ACTIVE) - Sponsor Memo

2021-S5049 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5049

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Brad Hoylman-Sigal

Luis R. Sepúlveda

2021-S5049 (ACTIVE) - Details

2021-S5049 (ACTIVE) - Summary

2021-S5049 (ACTIVE) - Sponsor Memo

2021-S5049 (ACTIVE) - Bill Text download pdf

Comments