BILL NUMBER: S5641

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

Authorizes a victim of domestic violence to apply to remove the violent
felony offender from deed of co-owned real property.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the executive law to add a new section 577 to read:

Violent felon removed from deed with victim.

1. For the purposes of this section, the following terms shall have the
following meanings: (a) "violent felony offense" shall have the same
              

meaning set forth in subdivision one of section 70.2 of the penal law;
(b) "victim of domestic violence" shall mean any person who is a victim
of an act which would constitute a violent felony offense; and (1) such
act or acts have resulted in actual physical or emotional injury or have
created a substantial risk of physical or emotional harm to such person
or such person's child; and (ii) such act or acts are or are alleged to
have been committed by a family or household member.

2. Any victim of domestic violence who holds title to real property with
the person who was convicted of the violent felony offense which consti-
tuted the domestic violence against such victim may apply to the county
clerk in the county in which such real property is located to remove the
name of such violent felony offender from the deed of such real proper-
ty. Application shall be made in a manner and form to be determined by
such county clerk.

 
JUSTIFICATION:

As the law currently stands, an offender who is convicted of a felony
against a victim with whom the offender also co-owns property can still
retain the ability to disallow the victim the ability to sell, refi-
nance, or lease without their permission and can withhold that permis-
sion keeping their victim hostage mentally and often financially We must
make every effort to assist survivors of these violent crimes from
continuing to be victimized even after their offenders have been tried,
and convicted.

 
LEGISLATIVE HISTORY:

S.5086 (2019-2020)- Referred to Social Services
S.3116 (2017-2018)- REFERRED TO SOCIAL SERVICES
S.1771(2016)- Referred to Social Services
S.6275(2014)- Referred to Social Services
S.2718(2013)- Referred to Social Services
S.3790(2012)- Referred to Social Services
S.7639(2010)- Committed to Social Services

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.