NY State Senate Bill 2023-S2828

Senate Bill S2828

2023-2024 Legislative Session

Provides for immediate notification to a complainant of the service of an ex parte order of protection

download bill text pdf

Current Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 24, 2023	referred to codes

2023-S2828 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §530.13-a, CP L; add §153-d, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S733
2011-2012: S2942
2013-2014: S3622
2015-2016: S3335
2017-2018: S4060
2019-2020: S375
2021-2022: S4496

2023-S2828 (ACTIVE) - Summary

Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

2023-S2828 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2828

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to notification of service of ex parte orders of protection

 
PURPOSE:

Provides for the immediate notification to a complainant, in the manner
specified by the complainant, of the service of an ex parte order of
protection.

 
SUMMARY OF PROVISIONS:

Section 1 The criminal procedure law is amended by adding a new section
530.13-A to include notification of service of ex parte order of
protection.

Section 2. The family court act is amended by adding a new section
153-d.

Section 3. This act shall take effect on the sixtieth day after it shall
have become a law.

 
JUSTIFICATION:

Access to information is a vital and important concern for crime
victims. in 1993, a young woman was murdered by her former boyfriend
because she did not know that he had been released from jail. Her murder
led to the creation of the automated victim notification system which
over thirty states have adopted, including New York. New York however,
has not taken the next step and extended these automated notifications
to include protective orders. Thousands of victims are killed or revic-
timized each year immediately after an order of protection is served on
their abuser. By including protective orders, victims are notified when
they are in the greatest danger and criminal justice agencies are given
new tools to assist them during this vulnerable time. Notification can
be by mail, telephone, E-mail, or other means of electronic communi-
cation, which will provide security and emotional peace of mind by
allowing victims to be notified in real time when their protection order
request has been served. Congress has already approved millions of
dollars to help states expand their victim notification systems, and the
Bureau of. Justice Assistance within the U S. Department of Justice has
made these grants available to York would become eligible
 for this states, By passing this legislation, New funding.

 
LEGISLATIVE HISTORY:

2022: S.4496 - Referred to Codes

2021: S.4496 - Referred to Codes

2020: S.375 - Referred to Codes/A.3093 - Referred to Codes

2019: S.375 - Referred to Codes/A.3093 - Referred to Codes

2018: S.4060 - Third Reading Calendar/A.4370 - Referred to Codes
2017: S.4060 - Passed Senate/A.4370- Referred to Codes

2016: S.3335 - Passed Senate/A.10094- Passed Senate

2015: S.3335 - Passed Senate

2014: S.3622 - Referred to Codes

2012: S.2942 - Passed Senate/A.3677-Referred to Codes

2011: S.2942 - Passed Senate/A.3677-Referred to Codes

2010: S.733 - Referred to Codes/A.10663 - Referred to Codes

2009: A.733 - Referred to Codes/A.10663

2008: S.7052 - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S2828 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2828
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation to notification of service of ex parte orders of protection
 
   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 530.13-a to read as follows:
 § 530.13-A NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.
   1. A COMPLAINANT WHO IS GRANTED AN EX PARTE ORDER OF PROTECTION BY THE
 COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
 PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
 PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
 COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
 HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
 OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
 IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
 CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
 PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
 PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
 SERVED.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
 POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
 ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
 SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
 THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
 COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
 UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
 WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
 ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
 BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03811-01-3

 S. 2828                             2
 
   § 2. The family court act is amended by adding a new section 153-d  to
 read as follows:
   §  153-D. NOTIFICATION OF SERVICE OF EX PARTE ORDER OF PROTECTION.  1.
 A COMPLAINANT WHO IS GRANTED AN EX PARTE  ORDER  OF  PROTECTION  BY  THE
 COURT  AND  A  COMPLAINANT  WHO  REQUESTS  THAT  AN  EX  PARTE  ORDER OF
 PROTECTION BE GRANTED BY THE COURT, WHO WISHES TO BE NOTIFIED WHEN AN EX
 PARTE ORDER OF PROTECTION IS SERVED  ON  THE  PERSON  AGAINST  WHOM  THE
 COMPLAINT  IS  MADE, SHALL NOTIFY THE COURT CLERK OF THE MANNER IN WHICH
 HE OR SHE WISHES TO BE NOTIFIED. NOTIFICATION BY MAIL, TELEPHONE, E-MAIL
 OR OTHER MEANS OF ELECTRONIC COMMUNICATION SHALL BE USED BY  THE  COURT,
 IF  REQUESTED,  AND IF THE COURT HAS THE EQUIPMENT TO MAKE SUCH COMMUNI-
 CATION.  THE COURT SHALL INFORM ALL COMPLAINANTS WHO ARE GRANTED  AN  EX
 PARTE  ORDER  OF  PROTECTION  AND  WHO  REQUEST  AN  EX  PARTE  ORDER OF
 PROTECTION OF THEIR RIGHT TO BE NOTIFIED WHEN THE ORDER OF PROTECTION IS
 SERVED.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY
 POLICE  OFFICER,  PEACE  OFFICER  OR OTHER PERSON WHO SERVES AN EX PARTE
 ORDER OF PROTECTION ON A PERSON AGAINST WHOM A COMPLAINT HAS  BEEN  MADE
 SHALL  IMMEDIATELY  NOTIFY  THE CLERK OF THE COURT WHICH MADE SAID ORDER
 THAT THE SERVICE HAS BEEN MADE. AFTER NOTIFICATION TO THE CLERK  OF  THE
 COURT  THAT SERVICE OF AN EX PARTE ORDER OF PROTECTION HAS BEEN MADE, OR
 UPON SERVICE OF SUCH ORDER BY A COURT EMPLOYEE  UPON  A  PERSON  AGAINST
 WHOM A COMPLAINT HAS BEEN MADE, THE CLERK OF THE COURT WHICH ISSUED SUCH
 ORDER  SHALL NOTIFY THE COMPLAINANT IMMEDIATELY, IN THE MANNER SPECIFIED
 BY THE COMPLAINANT, THAT SUCH SERVICE HAS BEEN MADE.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.