Senate Bill S3066B

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

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2023-S3066 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
S2832

2023-S3066 - 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-S3066 - Sponsor Memo

2023-S3066 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3066
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed 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.    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
 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.
                                                            LBD06035-02-3
              

co-Sponsors

2023-S3066A - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
S2832

2023-S3066A - 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-S3066A - Sponsor Memo

2023-S3066A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3066--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Codes -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 NECESSARY TO ACHIEVE ITS PURPOSE OF PROTECTING A  DESIGNATED  WITNESS
 OR COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A)  THE  DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN FIVE 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  RELEVANT  WITNESS
 TESTIMONY,  OR ADMISSIBLE EVIDENCE, SUBJECT TO CROSS-EXAMINATION, THOUGH
 THE WITNESS NEED NOT BE THE PARTY PROTECTED BY THE ORDER.
   (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 NECESSARY TO ACHIEVE ITS PURPOSE OF
 
              

co-Sponsors

2023-S3066B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2021-2022 Legislative Session:
S2832

2023-S3066B (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-S3066B (ACTIVE) - Sponsor Memo

2023-S3066B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3066--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Codes -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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  NECESSARY  TO ACHIEVE ITS PURPOSE OF PROTECTING A DESIGNATED WITNESS
 OR COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN ONE HUNDRED
 TWENTY HOURS OF REQUESTING SUCH HEARING OR, IN THE EVENT THAT  A  SATUR-
 DAY,  SUNDAY,  OR  LEGAL  HOLIDAY  OCCURS, WITHIN ONE HUNDRED FORTY-FOUR
 HOURS 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.
                                                            LBD06035-06-4
 S. 3066--B                          2
              

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