S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3617
 
                        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 orders of protection
 
   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 five new paragraphs (c), (c-1), (c-2), (c-3)
 and (c-4) to read as follows:
   (C) TO MAKE OR TO CONTINUE TO MAKE RENT  OR  MORTGAGE  PAYMENTS  ON  A
 RESIDENCE  OCCUPIED  BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE  PETITIONER  OR  OTHER
 DEPENDENT  HOUSEHOLD  MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS NOT BEEN
 RESOLVED OR IS NOT  BEING  LITIGATED  BETWEEN  THE  PARTIES  IN  ANOTHER
 ACTION;
   (C-1)  TO  PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY  THE  PARTIES  IF  THE
 RESPONDENT  IS  FOUND  TO  HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (C-2) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM  THE  INCI-
 DENT  OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
 ORDER MAY REQUIRE THE RESPONDENT TO  PAY  THE  PETITIONER  DIRECTLY,  TO
 REIMBURSE  THE  CRIME  VICTIMS  BOARD  FOR ANY AND ALL COMPENSATION PAID
 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND  MAY  REQUIRE  THAT  THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER,  AS  THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF  REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08245-01-3
              

 A. 3617                             2
 
 EXPENSES,  REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
 PAIN AND SUFFERING;
   (C-3)  TO  GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
 INCLUDE BUT SHALL NOT  BE  LIMITED  TO  AUTOMOBILES,  CHECKBOOKS,  KEYS,
 DOCUMENTATION  OF  HEALTH  INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (C-4) TO PROHIBIT THE RESPONDENT  FROM  TRANSFERRING,  ENCUMBERING  OR
 OTHERWISE  DISPOSING  OF  SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
 THE PARTIES;
   § 2. Subdivision 5 of section 530.12 of the criminal procedure law  is
 amended  by  adding  five  new paragraphs (b-1), (b-2), (b-3), (b-4) and
 (b-5) to read as follows:
   (B-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE  PAYMENTS  ON  A
 RESIDENCE  OCCUPIED  BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE  PETITIONER  OR  OTHER
 DEPENDENT  HOUSEHOLD  MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS NOT BEEN
 RESOLVED OR IS NOT  BEING  LITIGATED  BETWEEN  THE  PARTIES  IN  ANOTHER
 ACTION;
   (B-2)  TO  PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY  THE  PARTIES  IF  THE
 RESPONDENT  IS  FOUND  TO  HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (B-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM  THE  INCI-
 DENT  OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
 ORDER MAY REQUIRE THE RESPONDENT TO  PAY  THE  PETITIONER  DIRECTLY,  TO
 REIMBURSE  THE  CRIME  VICTIMS  BOARD  FOR ANY AND ALL COMPENSATION PAID
 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND  MAY  REQUIRE  THAT  THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER,  AS  THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF  REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 EXPENSES,  REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
 PAIN AND SUFFERING;
   (B-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY  WHICH  SHALL
 INCLUDE  BUT  SHALL  NOT  BE  LIMITED  TO AUTOMOBILES, CHECKBOOKS, KEYS,
 DOCUMENTATION OF HEALTH INSURANCE,  OTHER  IDENTIFICATION  DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (B-5)  TO  PROHIBIT  THE  RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED  OR  LEASED  BY
 THE PARTIES;
   § 3. Section 446 of the family court act is amended by adding five new
 subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) to read as follows:
   (F-1)  TO  MAKE  OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER  IF  THE
 RESPONDENT  IS  FOUND  TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
 DEPENDENT HOUSEHOLD MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS  NOT  BEEN
 RESOLVED  OR  IS  NOT  BEING  LITIGATED  BETWEEN  THE PARTIES IN ANOTHER
 ACTION;
   (F-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES  AT  A
 RESIDENCE  OTHER  THAN  THE  ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT  THE  PETITIONER  AND  THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
 A. 3617                             3
 
   (F-3)  TO  PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;  SUCH
 ORDER  MAY  REQUIRE  THE  RESPONDENT  TO PAY THE PETITIONER DIRECTLY, TO
 REIMBURSE THE CRIME VICTIMS BOARD FOR  ANY  AND  ALL  COMPENSATION  PAID
 DIRECTLY  TO  OR  ON  BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL  INCLUDE,  BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET  LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION  FOR
 PAIN AND SUFFERING;
   (F-4)  TO  GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
 INCLUDE BUT SHALL NOT  BE  LIMITED  TO  AUTOMOBILES,  CHECKBOOKS,  KEYS,
 DOCUMENTATION  OF  HEALTH  INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (F-5) TO PROHIBIT THE RESPONDENT  FROM  TRANSFERRING,  ENCUMBERING  OR
 OTHERWISE  DISPOSING  OF  SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
 THE PARTIES;
   § 4. Section 656 of the family court act is amended by adding five new
 subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
   (G-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE  PAYMENTS  ON  A
 RESIDENCE  OCCUPIED  BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE  PETITIONER  OR  OTHER
 DEPENDENT  HOUSEHOLD  MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS NOT BEEN
 RESOLVED OR IS NOT  BEING  LITIGATED  BETWEEN  THE  PARTIES  IN  ANOTHER
 ACTION;
   (G-2)  TO  PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY  THE  PARTIES  IF  THE
 RESPONDENT  IS  FOUND  TO  HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (G-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM  THE  INCI-
 DENT  OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
 ORDER MAY REQUIRE THE RESPONDENT TO  PAY  THE  PETITIONER  DIRECTLY,  TO
 REIMBURSE  THE  CRIME  VICTIMS  BOARD  FOR ANY AND ALL COMPENSATION PAID
 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND  MAY  REQUIRE  THAT  THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER,  AS  THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF  REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 EXPENSES,  REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
 PAIN AND SUFFERING;
   (G-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY  WHICH  SHALL
 INCLUDE  BUT  SHALL  NOT  BE  LIMITED  TO AUTOMOBILES, CHECKBOOKS, KEYS,
 DOCUMENTATION OF HEALTH INSURANCE,  OTHER  IDENTIFICATION  DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (G-5)  TO  PROHIBIT  THE  RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
 OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED  OR  LEASED  BY
 THE PARTIES;
   § 5. Section 842 of the family court act is amended by adding five new
 subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
 A. 3617                             4
 
   (G-1)  TO  MAKE  OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
 RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER  IF  THE
 RESPONDENT  IS  FOUND  TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
 DEPENDENT HOUSEHOLD MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS  NOT  BEEN
 RESOLVED  OR  IS  NOT  BEING  LITIGATED  BETWEEN  THE PARTIES IN ANOTHER
 ACTION;
   (G-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES  AT  A
 RESIDENCE  OTHER  THAN  THE  ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT  THE  PETITIONER  AND  THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (G-3)  TO  PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
 DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;  SUCH
 ORDER  MAY  REQUIRE  THE  RESPONDENT  TO PAY THE PETITIONER DIRECTLY, TO
 REIMBURSE THE CRIME VICTIMS BOARD FOR  ANY  AND  ALL  COMPENSATION  PAID
 DIRECTLY  TO  OR  ON  BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL  INCLUDE,  BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET  LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION  FOR
 PAIN AND SUFFERING;
   (G-4)  TO  GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
 INCLUDE BUT SHALL NOT  BE  LIMITED  TO  AUTOMOBILES,  CHECKBOOKS,  KEYS,
 DOCUMENTATION  OF  HEALTH  INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (G-5) TO PROHIBIT THE RESPONDENT  FROM  TRANSFERRING,  ENCUMBERING  OR
 OTHERWISE  DISPOSING  OF  SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
 THE PARTIES;
   § 6. Subdivision 1 of section 1056 of the family court act is  amended
 by  adding  five  new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5) to
 read as follows:
   (E-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE  PAYMENTS  ON  A
 RESIDENCE  OCCUPIED  BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
 RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE  PETITIONER  OR  OTHER
 DEPENDENT  HOUSEHOLD  MEMBERS  PROVIDED  THAT  THIS  ISSUE  HAS NOT BEEN
 RESOLVED OR IS NOT  BEING  LITIGATED  BETWEEN  THE  PARTIES  IN  ANOTHER
 ACTION;
   (E-2)  TO  PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
 RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY  THE  PARTIES  IF  THE
 RESPONDENT  IS  FOUND  TO  HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
 PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
 FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
   (E-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM  THE  INCI-
 DENT  OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
 ORDER MAY REQUIRE THE RESPONDENT TO  PAY  THE  PETITIONER  DIRECTLY,  TO
 REIMBURSE  THE  CRIME  VICTIMS  BOARD  FOR ANY AND ALL COMPENSATION PAID
 DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND  MAY  REQUIRE  THAT  THE
 RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
 ER,  AS  THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
 ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF  REAL
 OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
 THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
 A. 3617                             5
 
 EXPENSES,  REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
 PAIN AND SUFFERING;
   (E-4)  TO  GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
 INCLUDE BUT SHALL NOT  BE  LIMITED  TO  AUTOMOBILES,  CHECKBOOKS,  KEYS,
 DOCUMENTATION  OF  HEALTH  INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
 AND OTHER PERSONAL EFFECTS;
   (E-5) TO PROHIBIT THE RESPONDENT  FROM  TRANSFERRING,  ENCUMBERING  OR
 OTHERWISE  DISPOSING  OF  SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
 THE PARTIES;
   § 7. The family court act is amended by adding a new section 842-b  to
 read as follows:
   § 842-B. ORDER ON CONSENT. THE COURT MAY, PRIOR TO ISSUING AN ORDER OF
 PROTECTION  ON  CONSENT  OF THE PARTIES WITHOUT A FINDING OF WRONGDOING,
 IMPOSE AN ORDER ON CONSENT OF SUCH PARTIES WHICH CONTAINS SUCH TERMS AND
 CONDITIONS AS ARE AUTHORIZED UNDER SECTION EIGHT  HUNDRED  FORTY-TWO  OF
 THIS PART.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.