NY State Assembly Bill 2023-A3538A

Assembly Bill A3538A

2023-2024 Legislative Session

Relates to authorizing orders of protection to provide for home and personal security devices and order the respondent to cover the costs associated with security devices

download bill text pdf

Current Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 05, 2023	print number 3538a
Apr 05, 2023	amend and recommit to codes
Feb 03, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-A3538 - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L; amd §§446, 656, 842 & 1056, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2511
2011-2012: A2841
2013-2014: A612
2015-2016: A1364
2017-2018: A4505
2019-2020: A4669
2021-2022: A3373

2023-A3538 - Summary

Authorizes orders of protection to provide for personal security devices; orders the respondent to cover the costs associated with security devices; provides if the payment of such costs is awarded the appropriate social services district shall be contacted and directed to pay the petitioner for such costs upon submission of proof of purchase.

2023-A3538 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3538
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation  to  authorizing order of protection to contain provision for
   personal security devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 530.12 of the criminal procedure
 law is amended by adding a new paragraph (c) to read as follows:
   (C) TO PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
 RITY SYSTEM, A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT MAY BE SO ORDERED;
   § 2. Subdivision 1 of section 530.13 of the criminal procedure law  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1)  PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
 RITY SYSTEM, A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT MAY BE SO ORDERED;
   § 3. Subdivision 4 of section 530.13 of the criminal procedure law  is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1)  PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME SECU-
 RITY SYSTEM, A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT MAY BE SO ORDERED;
   § 4. Section 446 of the family court act is amended by  adding  a  new
 subdivision (g-1) to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08177-01-3
 A. 3538                             2

 
   (G-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
 SUPPORT THAT MAY BE SO ORDERED;
   §  5.  Section  656 of the family court act is amended by adding a new
 subdivision (h-1) to read as follows:
   (H-1) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
 SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
 PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
 CONTAINED  IN  THIS  SUBDIVISION  SHALL  DIMINISH  OR RESTRICT ANY OTHER
 SUPPORT THAT MAY BE SO ORDERED;
   § 6.  Section 842 of the family court act is amended by adding  a  new
 subdivision (h-1) to read as follows:
   (H-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
 SUPPORT THAT MAY BE SO ORDERED;
   § 7.  Subdivision 1 of section 1056 of the family court act is amended
 by adding a new paragraph (f-1) is added to read as follows:
   (F-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT MAY BE SO ORDERED;
   § 8. This act shall take effect immediately.

2023-A3538A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L; amd §§446, 656, 842 & 1056, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2511
2011-2012: A2841
2013-2014: A612
2015-2016: A1364
2017-2018: A4505
2019-2020: A4669
2021-2022: A3373

2023-A3538A (ACTIVE) - Summary

2023-A3538A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3538--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to authorizing order of protection to contain  provision  for
   personal security devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of  section  530.12  of  the
 criminal  procedure  law  is amended by adding a new subparagraph 1-a to
 read as follows:
   (1-A) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
 SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
 PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
 CONTAINED  IN  THIS  SUBPARAGRAPH  SHALL  DIMINISH OR RESTRICT ANY OTHER
 SUPPORT THAT MAY BE SO ORDERED. IF THE COURT  ORDERS  FEES  TO  BE  PAID
 PURSUANT  TO  THIS  SUBPARAGRAPH,  THE COURT SHALL PROVIDE A COPY OF THE
 ORDER TO THE APPROPRIATE SUPPORT  COLLECTION  UNIT  OF  THE  APPROPRIATE
 SOCIAL  SERVICES  DISTRICT WITH DIRECTION TO REQUIRE PAYMENT DIRECTLY TO
 THE PETITIONER UPON SUBMISSION OF A RECEIPT OR PROOF OF PURCHASE OF  THE
 PERSONAL PROTECTION OR SECURITY DEVICE;
   §  2. Subdivision 1 of section 530.13 of the criminal procedure law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME  SECU-
 RITY  SYSTEM,  A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR ANY OTHER
 PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT  MAY BE SO ORDERED. IF THE COURT ORDERS FEES TO BE PAID PURSUANT TO
 THIS PARAGRAPH, THE COURT SHALL PROVIDE A  COPY  OF  THE  ORDER  TO  THE
 APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE SOCIAL SERVICES
 DISTRICT WITH DIRECTION TO REQUIRE PAYMENT DIRECTLY  TO  THE  PETITIONER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08177-02-3

 A. 3538--A                          2
 
 UPON  SUBMISSION  OF  A  RECEIPT  OR  PROOF  OF PURCHASE OF THE PERSONAL
 PROTECTION OR SECURITY DEVICE;
   §  3. Subdivision 4 of section 530.13 of the criminal procedure law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME  SECU-
 RITY  SYSTEM,  A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR ANY OTHER
 PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 THAT  MAY BE SO ORDERED. IF THE COURT ORDERS FEES TO BE PAID PURSUANT TO
 THIS PARAGRAPH, THE COURT SHALL PROVIDE A  COPY  OF  THE  ORDER  TO  THE
 APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE SOCIAL SERVICES
 DISTRICT WITH DIRECTION TO REQUIRE PAYMENT DIRECTLY  TO  THE  PETITIONER
 UPON  SUBMISSION  OF  A  RECEIPT  OR  PROOF  OF PURCHASE OF THE PERSONAL
 PROTECTION OR SECURITY DEVICE;
   § 4. Section 446 of the family court act is amended by  adding  a  new
 subdivision (g-1) to read as follows:
   (G-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
 SUPPORT  THAT  MAY  BE  SO  ORDERED. IF THE COURT ORDERS FEES TO BE PAID
 PURSUANT TO THIS SUBDIVISION, THE COURT SHALL  PROVIDE  A  COPY  OF  THE
 ORDER  TO  THE  APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE
 SOCIAL SERVICES DISTRICT WITH DIRECTION TO REQUIRE PAYMENT  DIRECTLY  TO
 THE  PETITIONER UPON SUBMISSION OF A RECEIPT OR PROOF OF PURCHASE OF THE
 PERSONAL PROTECTION OR SECURITY DEVICE;
   § 5. Section 656 of the family court act is amended by  adding  a  new
 subdivision (h-1) to read as follows:
   (H-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
 SUPPORT  THAT  MAY  BE  SO  ORDERED. IF THE COURT ORDERS FEES TO BE PAID
 PURSUANT TO THIS SUBDIVISION, THE COURT SHALL  PROVIDE  A  COPY  OF  THE
 ORDER  TO  THE  APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE
 SOCIAL SERVICES DISTRICT WITH DIRECTION TO REQUIRE PAYMENT  DIRECTLY  TO
 THE  PETITIONER UPON SUBMISSION OF A RECEIPT OR PROOF OF PURCHASE OF THE
 PERSONAL PROTECTION OR SECURITY DEVICE;
   § 6.  Section 842 of the family court act is amended by adding  a  new
 subdivision (h-1) to read as follows:
   (H-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
 SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
 PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
 CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
 SUPPORT  THAT  MAY  BE  SO  ORDERED. IF THE COURT ORDERS FEES TO BE PAID
 PURSUANT TO THIS SUBDIVISION, THE COURT SHALL  PROVIDE  A  COPY  OF  THE
 ORDER  TO  THE  APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE
 SOCIAL SERVICES DISTRICT WITH DIRECTION TO REQUIRE PAYMENT  DIRECTLY  TO
 THE  PETITIONER UPON SUBMISSION OF A RECEIPT OR PROOF OF PURCHASE OF THE
 PERSONAL PROTECTION OR SECURITY DEVICE;
   § 7.  Subdivision 1 of section 1056 of the family court act is amended
 by adding a new paragraph (f-1) to read as follows:
   (F-1) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
 SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
 PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
 A. 3538--A                          3
 
 THAT  MAY BE SO ORDERED. IF THE COURT ORDERS FEES TO BE PAID PURSUANT TO
 THIS PARAGRAPH, THE COURT SHALL PROVIDE A  COPY  OF  THE  ORDER  TO  THE
 APPROPRIATE  SUPPORT  COLLECTION UNIT OF THE APPROPRIATE SOCIAL SERVICES
 DISTRICT  WITH  DIRECTION  TO REQUIRE PAYMENT DIRECTLY TO THE PETITIONER
 UPON SUBMISSION OF A RECEIPT  OR  PROOF  OF  PURCHASE  OF  THE  PERSONAL
 PROTECTION OR SECURITY DEVICE;
   § 8. This act shall take effect immediately.

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