Assembly Bill A3750B

2023-2024 Legislative Session

Grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court

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Sponsored By

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

Bill Amendments

co-Sponsors

2023-A3750 - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
A4558

2023-A3750 - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2023-A3750 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3750
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES,
   GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW-
   SKI, FORREST, GALLAGHER -- read once and referred to the Committee  on
   Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   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 530.15 to read as follows:
 § 530.15 TEMPORARY ORDER OF PROTECTION HEARING.
   WHERE A COURT HAS ISSUED A TEMPORARY ORDER OF PROTECTION  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE OF
 SECTION 530.13 OF THIS ARTICLE, UPON APPLICATION  OF  A  DEFENDANT,  THE
 COURT  SHALL HOLD AN EVIDENTIARY HEARING WHERE THE PROSECUTOR MUST SHOW,
 BY CLEAR AND CONVINCING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION
 IS THE LEAST RESTRICTIVE MEANS OF PROTECTING  A  DESIGNATED  WITNESS  OR
 COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A)  THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN THREE DAYS
 OF REQUESTING SUCH HEARING. NOTICE MUST BE GIVEN BY THE  COURT  TO  BOTH
 PARTIES,  AS  WELL AS THE PARTY PROTECTED BY THE ORDER OF PROTECTION, IN
 ADVANCE OF THE HEARING.
   (B) AT THE HEARING, THE PROSECUTION MUST  PRESENT  WITNESS  TESTIMONY,
 SUBJECT  TO  CROSS-EXAMINATION, THOUGH THE WITNESS NEED NOT BE THE PARTY
 PROTECTED BY THE ORDER.  HEARSAY IS ADMISSIBLE.
   (C) THE COURT SHALL STATE ON THE RECORD OR IN WRITING ITS FINDINGS  OF
 FACTS  AND CONCLUSIONS OF LAW, THE REASONS FOR MAINTAINING, VACATING, OR
 MODIFYING THE TEMPORARY ORDER OF PROTECTION, AND, WHERE APPLICABLE,  WHY
 THE  TEMPORARY  ORDER  OF  PROTECTION  IS THE LEAST RESTRICTIVE MEANS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06035-01-3
 A. 3750                             2
              

co-Sponsors

2023-A3750A - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
A4558

2023-A3750A - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2023-A3750A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3750--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES,
   GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW-
   SKI, FORREST, GALLAGHER -- read once and referred to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   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 530.15 to read as follows:
 § 530.15 TEMPORARY ORDER OF PROTECTION HEARING.
   WHERE  A  COURT HAS ISSUED A TEMPORARY ORDER OF PROTECTION PURSUANT TO
 SUBDIVISION ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE  OF
 SECTION  530.13  OF  THIS  ARTICLE, UPON APPLICATION OF A DEFENDANT, THE
 COURT SHALL HOLD AN EVIDENTIARY HEARING WHERE THE PROSECUTOR MUST  SHOW,
 BY CLEAR AND CONVINCING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION
 IS  THE  LEAST  RESTRICTIVE  MEANS OF PROTECTING A DESIGNATED WITNESS OR
 COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN THREE  DAYS
 OF  REQUESTING  SUCH  HEARING. NOTICE MUST BE GIVEN BY THE COURT TO BOTH
 PARTIES, AS WELL AS THE PARTY PROTECTED BY THE ORDER OF  PROTECTION,  IN
 ADVANCE  OF  THE  HEARING.    SUCH NOTICE SHALL DETAIL THE RIGHTS OF THE
 PROTECTED PARTY WITH RESPECT TO THE HEARING AND DESCRIBE  THE  DIFFERENT
 TYPES OF TEMPORARY ORDERS OF PROTECTION AVAILABLE.
   (B)  AT  THE  HEARING, THE PROSECUTION MUST PRESENT WITNESS TESTIMONY,
 SUBJECT TO CROSS-EXAMINATION, THOUGH THE WITNESS NEED NOT BE  THE  PARTY
 PROTECTED BY THE ORDER.  HEARSAY IS ADMISSIBLE.
   (C)  THE COURT SHALL STATE ON THE RECORD OR IN WRITING ITS FINDINGS OF
 FACTS AND CONCLUSIONS OF LAW, THE REASONS FOR MAINTAINING, VACATING,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06035-03-3
              

co-Sponsors

2023-A3750B (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
A4558

2023-A3750B (ACTIVE) - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2023-A3750B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3750--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES,
   GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW-
   SKI, FORREST,  GALLAGHER,  JACOBSON,  WALKER,  RAGA,  REYES,  PRETLOW,
   LEVENBERG  --  read  once  and  referred  to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Codes
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   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 530.15 to read as follows:
 § 530.15 TEMPORARY ORDER OF PROTECTION HEARING.
   WHERE A COURT HAS ISSUED A TEMPORARY ORDER OF PROTECTION  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE OF
 SECTION 530.13 OF THIS ARTICLE, UPON APPLICATION  OF  A  DEFENDANT,  THE
 COURT  SHALL HOLD AN EVIDENTIARY HEARING WHERE THE PROSECUTOR MUST SHOW,
 BY  AN  ARTICULATED  REASONABLE  BASIS,  THAT  THE  TEMPORARY  ORDER  OF
 PROTECTION  IS  LIKELY  TO  ACHIEVE ITS PURPOSE IN THE ABSENCE OF SUCH A
 CONDITION, OF PROTECTING A DESIGNATED WITNESS OR COMPLAINANT FROM INTIM-
 IDATION OR INJURY.
   (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN FIVE  BUSI-
 NESS DAYS OF REQUESTING SUCH HEARING.  NOTICE MUST BE GIVEN BY THE COURT
 TO  BOTH  PARTIES,  AS  WELL  AS  THE  PARTY  PROTECTED  BY THE ORDER OF
 PROTECTION, IN ADVANCE OF THE HEARING.   SUCH NOTICE  SHALL  DETAIL  THE
 RIGHTS  OF  THE PROTECTED PARTY WITH RESPECT TO THE HEARING AND DESCRIBE
 THE DIFFERENT TYPES OF TEMPORARY ORDERS OF PROTECTION AVAILABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06035-08-4
              

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