NY State Senate Bill 2023-S9596

Current Bill Status - In Senate Committee Judiciary 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
May 16, 2024	referred to judiciary

co-Sponsors

2023-S9596 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add Art 63-B §§6349 - 6357, CPLR; amd §§120.14 & 215.51, Pen L; amd §140.10, CP L

2023-S9596 (ACTIVE) - Summary

Enacts the "ceasing repeated and extremely egregious predatory (CREEP) behavior act"; provides for the issuance of anti-stalking orders.

2023-S9596 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9596

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil practice law and rules, the penal law and the
criminal procedure law, in relation to anti-stalking orders

 
PURPOSE OR GENERAL IDEA OF BILL:

To follow the precedent of 44 other states in allowing for civil orders
of protection for certain stalking or harassing forms of behavior that
may not be easily or quickly prosecuted through the criminal court
system.

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the Ceasing Repeated, Extremely Egre-
gious, and Predatory (CREEP) Behavior Act.

Section two of this bill creates a new Article 63-B in the Civil Prac-
tice Law and Rules (CPLR) to create a new type of order of protection,

called an anti-stalking order, for anyone subject to a series of enumer-
ated penal offenses including stalking, menacing, assault or attempted
assault, harassment, unlawful dissemination or publication of an inti-
mate image, reckless endangerment, identity theft, and coercion. There
is existing precedent for orders of protection for this subset of
crimes, as they are also some of the qualifying offenses for which
victims may petition for an order of protection in Family Court, if they
occur between family members or intimate partners.

Petitioners may be granted a temporary anti-stalking order ex parte for
certain limited forms of relief, such as the removal of texts, images,
or videos, cessation of all contact with the petitioner, and a severing
of connected devices, until the date of a hearing during which a final
anti-stalking order may be issued. Such final anti-stalking order, which
may also include compensatory damages such as but not limited to attor-
neys fees, loss of earnings, medical care and treatment arising from the
incident forming the basis of the anti-stalking order, or the cost of a
new lock or telephone number, upon a judicial finding of fact, judicial
acceptance of an admission by the respondent, or knowing, intelligent,
and voluntary consent to the anti-stalking order by the respondent.  The
court shall have discretion in determining the duration of the final
anti-stalking order.

Anti-stalking orders may be served by local law enforcement or through a
third party, such as a service processor, and may be transmitted elec-
tronically for expedited service. An anti-stalking order may be modified
or vacated upon the request of the petitioner. Violations for breaking
an anti-stalking order are subject to the same penalties that apply to
violations of other orders of protection, which may range from a Class A
misdemeanor, if the violation fits the definition of menacing in the
second degree or criminal contempt in the second degree, to a Class E
felony, if the violation occurs as part of criminal contempt in the
first degree, to a Class D felony, if the violation occurs as part of
aggravated criminal contempt.  The bill ensures that prosecutors would
effectively have the same menu of options available to them for
infringements of an anti-stalking order as exist for other orders of

protection and could charge the defendant accordingly depending on the
circumstances of the case.

Courts would also be required to provide full faith and credit to orders
of protection from other states and territories that are substantially
similar to the anti-stalking orders created in this bill.

Section three of the bill make a conforming change to the allow the
offense of menacing in the second degree in section 120.14 of Penal Law
to incorporate violations of the new civil order of protection created
by this bill alongside violations of existing orders of protection
issued under section 530.12 of the Criminal Procedure Law, Article 8 of
Family Court Act, or by a court of competent jurisdiction in another
state.

Section four makes a similar conforming change to section 215.51 of the
Penal Law to allow the offense of criminal contempt in the first degree
to incorporate violations of the new civil order of protection created
by the bill alongside violations of existing orders of protection issued
under Domestic Relations Law, various articles in Family Court Act,
section 530.12 of the Criminal Procedure Law, or by a court of competent
jurisdiction in another state.

Section five makes a conforming change to allow police officers to
arrest a person where they have reasonable cause to believe that such
person has violated a duly served anti-stalking order, the same as they
can for violations of existing orders of protection.

Section six sets the effective date.

 
JUSTIFICATION:

Currently, victims of predatory stalking and harassing behaviors who
wish to secure an order of protection (COP), commonly known as a
restraining order, against their perpetrators may do so via one of three
routes in the state of New York.

Firstly, a victim can secure a restraining order through criminal court,
where a judge may issue the order against a defendant as a condition of
their release and/or bail in a criminal case. This means that a
restraining order may only be issued during a criminal arraignment,
after a formal police investigation, arrest, and decision by a district
attorney to file charges. While a critical means of relief for victims
wishing to pursue charges, this method of securing an OOP is simply too
slow-moving for many victims of harassment in the 21st century, who may
find themselves on the receiving end of certain Internet-enabled
offenses like cyberstalking, revenge porn, rapidly spreading defamatory
material, doxxing, or deep fakes in a way that was simply inconceivable
three decades ago. This method of obtaining an OOP through the criminal
justice system, which involves methodical and thorough investigations
that are frequently dependent on local resources and in-person inter-
actions, is simply impractical for an individual who may have gone viral
on TikTok, for example, and thus found themselves besieged by a digital
stalker within the span of a couple days - particularly if said stalker
lives hundreds of miles away and would thus need to be extradited from
other state.


A second means of obtaining an OOP in New York is through family court,
which hears cases involving children and families as well as persons who
have been in an "intimate relationship," defined by factors such as the
nature and duration of the relationship and frequency of interactions.
"Casual acquaintance" and "ordinary fraternization" between two individ-
uals is explicitly placed outside of the jurisdiction of family court
under Section 812 of the Family Court Act (FCA). While Section 812 of
the FCA establishes a list of crimes for which family court and criminal
courts share jurisdiction, such as unlawful dissemination or publication
of an intimate image, harassment, identity theft, coercion, stalking,
and a range of other offenses, the act fails to account for the ways in
which technology has anonymized our relationships, such that many
victims of the crimes that Section 812 seeks to protect no longer meet
the definition of having had an "intimate relationship" with their
offender.  Nowadays a victim may be just as likely to be harmed by a
jealous ex with whom they cohabitated, for example, as someone they've
met through an online chat room or went on one date with via an app.

The third and final means of obtaining an OOP in New York is through
general Supreme Court, but only as part of an ongoing divorce proceeding
between separating spouses.

As outlined above, none of these three forms of recourse provide an easy
remedy for victims of harassment in the modern age. Not only has the
digital revolution enabled an entirely new type of criminal behavior,
such as revenge porn, "upskirting," or taking sexually intrusive photo-
graphs or videos without permission, online stalking, and more, but it
has also altered the way we discover and define new relationships. Many
victims of Internet-enabled crimes need immediate relief from their
offenders in a way that simply can't be delivered through the criminal
justice system, and which may not fit the definition of intimate partner
violence that falls under the jurisdiction of family court.

This bill, called the Ceasing Repeated, Extremely Egregious, and Preda-
tory (CREEP) Behavior Act, follows the lead of 44 other states in enabl-
ing orders of protection called "anti-stalking orders" through civil
courts of general jurisdiction rather than solely through criminal
courts or specialized family courts. It draws upon many of the same
protocols that define the existing methods by which victims can obtain
OOPs, such as the issuance of an initial, more limited anti-stalking
order that may be granted ex parte to provide immediate relief to a
victim, pending a more complete hearing after which a judge could issue
a final anti-stalking order to provide broader measures of protection.

It conforms the penalties for noncompliance with this new anti-stalking
order into the existing penalties for noncompliance for other OOPS,
which range from criminal contempt in the second degree, a Class A
misdemeanor, for a straightforward violation, to aggravated criminal
contempt, a Class E felony, if the noncompliance also involves a previ-
ous conviction of criminal contempt in the first degree which may
require various acts that would reasonably cause the victim to fear for
their physical safety. It also creates a mechanism by which the state
must recognize out of state OOPs that are substantially similar to the
anti-stalking orders created by the bill.

In creating a new, more easily obtained order of protection through the
civil court system, the CREEP Behavior Act modernizes New York's orders
of protection to account for the broader, digitized landscape in which
harassment now occurs. It will provide immediate relief to victims of
harassing behavior without a prerequisite arrest, better protecting
victims for whom the existing methods of obtaining an OOP are out of
reach.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

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

2023-S9596 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9596
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT to amend the civil practice law and rules, the penal law and the
   criminal procedure law, in relation to anti-stalking orders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act shall be known and may be cited as the "ceasing
 repeated and extremely egregious predatory (CREEP) behavior act".
   § 2. The civil practice law and rules is amended by adding a new arti-
 cle 63-B to read as follows:
 
                               ARTICLE 63-B
                           ANTI-STALKING ORDERS
 
 SECTION 6349. DEFINITIONS.
         6350. APPLICATION FOR AN ANTI-STALKING ORDER.
         6351. ISSUANCE OF A TEMPORARY ANTI-STALKING ORDER.
         6352. ISSUANCE OF A FINAL ANTI-STALKING ORDER.
         6353. SERVICE OF AN ANTI-STALKING ORDER.
         6354. MODIFICATION OR VACATION OF AN ANTI-STALKING ORDER.
         6355. TRANSLATION AND INTERPRETATION OF AN ANTI-STALKING ORDER.
         6356. ENFORCEMENT.
         6357. FILING AND ENFORCEMENT OF OUT-OF-STATE ORDERS.
 
   § 6349. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "ANTI-STALKING ORDER" SHALL MEAN AN  ORDER  OF  PROTECTION,  EITHER
 TEMPORARY  OR FINAL, THAT ENTITLES THE PETITIONER TO CERTAIN PROTECTIONS
 PRESCRIBED IN SECTIONS  SIXTY-THREE  HUNDRED  FIFTY-ONE  OR  SIXTY-THREE
 HUNDRED  FIFTY-TWO  OF  THIS  ARTICLE. AN ANTI-STALKING ORDER SHALL BE A
 FORM OF AN ORDER OF PROTECTION AND THE TERMS "ANTI-STALKING  ORDER"  AND
 "ORDER  OF PROTECTION" MAY BE USED INTERCHANGEABLY THROUGHOUT THIS ARTI-
 CLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15581-02-4
 S. 9596                             2

 
   2. "CONNECTED DEVICE" SHALL MEAN ANY DEVICE, OR OTHER PHYSICAL  OBJECT
 THAT  IS  CAPABLE OF CONNECTING TO THE INTERNET, DIRECTLY OR INDIRECTLY,
 AND THAT IS ASSIGNED AN INTERNET PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
   3.  "COURSE  OF  CONDUCT" SHALL MEAN TWO OR MORE ACTS OVER A PERIOD OF
 TIME, HOWEVER SHORT, WHICH EVIDENCE A CONTINUITY OF PURPOSE. A COURSE OF
 CONDUCT SHALL NOT INCLUDE CONDUCT THAT WAS  NECESSARY  TO  ACCOMPLISH  A
 LEGITIMATE  PURPOSE  INDEPENDENT  OF  MAKING  CONTACT  WITH THE TARGETED
 PERSON.
   4. "RESPONDENT" SHALL MEAN THE PERSON AGAINST  WHOM  AN  ANTI-STALKING
 ORDER MAY BE SOUGHT UNDER THIS ARTICLE.
   5.  "STALKING"  SHALL  MEAN WHEN THE RESPONDENT PURPOSELY OR KNOWINGLY
 ENGAGES IN A COURSE OF CONDUCT TARGETED AT THE  PETITIONER  WHICH  WOULD
 CONSTITUTE  STALKING IN THE FIRST DEGREE, AS DESCRIBED IN SECTION 120.60
 OF THE PENAL LAW, STALKING IN THE SECOND DEGREE, AS DESCRIBED IN SECTION
 120.55 OF THE PENAL LAW, STALKING IN THE THIRD DEGREE, AS  DESCRIBED  IN
 SECTION  120.50  OF  THE  PENAL  LAW,  STALKING IN THE FOURTH DEGREE, AS
 DESCRIBED IN SECTION 120.45 OF THE PENAL  LAW,  MENACING  IN  THE  FIRST
 DEGREE, AS DESCRIBED IN SECTION 120.13 OF THE PENAL LAW, MENACING IN THE
 SECOND DEGREE, AS DESCRIBED IN SECTION 120.14 OF THE PENAL LAW, MENACING
 IN  THE  THIRD  DEGREE, AS DESCRIBED IN SECTION 120.15 OF THE PENAL LAW,
 ASSAULT IN THE FIRST DEGREE, AS DESCRIBED IN SECTION 120.10 OF THE PENAL
 LAW, ASSAULT IN THE SECOND DEGREE, AS DESCRIBED IN SECTION 120.05 OF THE
 PENAL LAW, ASSAULT IN THE THIRD DEGREE, AS DESCRIBED IN  SECTION  120.00
 OF  THE PENAL LAW, AN ATTEMPTED ASSAULT, HARASSMENT IN THE FIRST DEGREE,
 AS DESCRIBED IN SECTION 240.25 OF  THE  PENAL  LAW,  HARASSMENT  IN  THE
 SECOND  DEGREE,  AS DESCRIBED IN SECTION 240.26 OF THE PENAL LAW, AGGRA-
 VATED HARASSMENT IN THE FIRST DEGREE, AS DESCRIBED IN SECTION 240.31  OF
 THE  PENAL LAW, AGGRAVATED HARASSMENT IN THE SECOND DEGREE, AS DESCRIBED
 IN SECTION 240.30 OF THE PENAL LAW, UNLAWFUL DISSEMINATION  OR  PUBLICA-
 TION  OF  AN INTIMATE IMAGE, AS DESCRIBED IN SECTION 245.15 OF THE PENAL
 LAW, RECKLESS ENDANGERMENT IN THE FIRST DEGREE, AS DESCRIBED IN  SECTION
 120.25  OF THE PENAL LAW, RECKLESS ENDANGERMENT IN THE SECOND DEGREE, AS
 DESCRIBED IN SECTION 120.20 OF THE PENAL  LAW,  IDENTITY  THEFT  IN  THE
 FIRST  DEGREE, AS DESCRIBED IN SECTION 190.80 OF THE PENAL LAW, IDENTITY
 THEFT IN THE SECOND DEGREE, AS DESCRIBED IN SECTION 190.79 OF THE  PENAL
 LAW,  IDENTITY THEFT IN THE THIRD DEGREE, AS DESCRIBED IN SECTION 190.78
 OF THE PENAL LAW, COERCION IN THE FIRST DEGREE, AS DESCRIBED IN  SECTION
 135.65  OF THE PENAL LAW, COERCION IN THE SECOND DEGREE, AS DESCRIBED IN
 SECTION 135.61 OF THE PENAL LAW, AND/OR COERCION IN THE THIRD DEGREE, AS
 DESCRIBED IN SECTION 135.60 OF THE PENAL LAW.
   6. "PETITIONER" SHALL MEAN THE PERSON SEEKING THE ANTI-STALKING  ORDER
 UNDER THIS ARTICLE.
   §  6350.  APPLICATION  FOR  AN ANTI-STALKING ORDER. IN ACCORDANCE WITH
 THIS ARTICLE, A PETITIONER WHO BELIEVES THEY HAVE BEEN SUBJECT TO STALK-
 ING BY ANOTHER INDIVIDUAL MAY FILE A SWORN APPLICATION SETTING FORTH THE
 FACTS AND CIRCUMSTANCES JUSTIFYING  THE  ISSUANCE  OF  AN  ANTI-STALKING
 ORDER.  SUCH APPLICATION SHALL BE FILED IN THE SUPREME COURT IN A COUNTY
 OF THE PETITIONER'S CHOOSING.
   §  6351. ISSUANCE OF A TEMPORARY ANTI-STALKING ORDER. 1. UPON APPLICA-
 TION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE  COURT  MAY  ISSUE  A
 TEMPORARY  ANTI-STALKING ORDER, EX PARTE OR OTHERWISE, UPON A FINDING ON
 THE RECORD THAT THE PETITIONER IS ENTITLED TO ISSUANCE OF SUCH AN  ORDER
 WHICH MAY RESULT FROM A JUDICIAL FINDING OF FACT, JUDICIAL ACCEPTANCE OF
 AN  ADMISSION BY THE RESPONDENT, OR JUDICIAL FINDING THAT THE RESPONDENT
 HAS GIVEN KNOWING, INTELLIGENT, AND VOLUNTARY CONSENT TO  ITS  ISSUANCE.
 THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE THE COURT FROM ISSUING
 S. 9596                             3
 
 A  TEMPORARY  ANTI-STALKING ORDER UPON THE COURT'S OWN MOTION OR WHERE A
 MOTION FOR SUCH RELIEF IS MADE TO THE COURT, FOR GOOD CAUSE SHOWN.   THE
 DURATION  OF  ANY TEMPORARY ANTI-STALKING ORDER SHALL NOT BY ITSELF BE A
 FACTOR  IN DETERMINING THE LENGTH OR ISSUANCE OF ANY FINAL ANTI-STALKING
 ORDER.
   2. ANY PERSON APPEARING AT  SUPREME  COURT  WHEN  THE  COURT  IS  OPEN
 REQUESTING  A  TEMPORARY ANTI-STALKING ORDER UNDER THIS ARTICLE SHALL BE
 ENTITLED TO FILE A PETITION WITHOUT DELAY ON THE SAME  DAY  SUCH  PERSON
 FIRST  APPEARS AT THE COURT, AND A HEARING ON THAT REQUEST SHALL BE HELD
 ON THE SAME DAY OR THE NEXT DAY THAT THE COURT  IS  OPEN  FOLLOWING  THE
 FILING OF SUCH PETITION.
   3. A TEMPORARY ANTI-STALKING ORDER ISSUED PURSUANT TO THIS SECTION MAY
 REQUIRE THAT THE RESPONDENT:
   (A)  CEASE  ALL  CONTACT, BY ELECTRONIC MEANS, TELEPHONE, MAIL, OR ANY
 OTHER MEANS, WITH THE PETITIONER AND/OR ANOTHER PERSON;
   (B) REMOVE OR DELETE ANY TEXTS, IMAGES, VIDEOS,  OR  OTHER  PIECES  OF
 MEDIA RELATING TO THE PETITIONER;
   (C)  REFRAIN  FROM  FOLLOWING,  MONITORING,  OR KEEPING THE PETITIONER
 UNDER PHYSICAL OR ELECTRONIC SURVEILLANCE, OR  USING  TELEPHONIC,  AUDI-
 OVISUAL,  OR OTHER ELECTRONIC MEANS TO MONITOR THE ACTIONS, LOCATION, OR
 COMMUNICATION OF THE PETITIONER AND/OR ANOTHER PERSON;
   (D) REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES  AFFECTING
 THE  HOME, VEHICLE, OR PROPERTY OF THE PETITIONER AND/OR ANOTHER PERSON;
 AND/OR
   (E) STAY AWAY FROM THE HOME, SCHOOL, BUSINESS, MOTOR VEHICLE, OR PLACE
 OF EMPLOYMENT OF THE PETITIONER AND/OR ANY OTHER PERSON,  OR  ANY  OTHER
 SPECIFIED LOCATION AS DESIGNATED BY THE COURT;
   UNTIL  THE  DATE  OF  THE HEARING ON A FINAL ANTI-STALKING ORDER. SUCH
 HEARING SHALL BE SCHEDULED AS SOON AS PRACTICABLE AFTER THE ISSUANCE  OF
 A  TEMPORARY  ANTI-STALKING  ORDER  PURSUANT  TO THIS SECTION. PROVIDED,
 HOWEVER, THAT  ANY  REQUIREMENTS  IN  A  TEMPORARY  ANTI-STALKING  ORDER
 IMPOSED  ON  THE  RESPONDENT WHICH INVOLVE A PERSON OTHER THAN THE PETI-
 TIONER MAY ONLY BE MADE IF AND TO  THE  EXTENT  THAT  SUCH  REQUIREMENTS
 FURTHER THE PURPOSE OF PROTECTING THE PETITIONER.
   4.  THE  COURT SHALL NOTIFY THE PETITIONER AND RESPONDENT OF THE DATE,
 TIME, AND LOCATION OF A HEARING ON A FINAL ANTI-STALKING ORDER UPON  THE
 ISSUANCE OF A TEMPORARY ANTI-STALKING ORDER. IN THE EVENT THAT THE COURT
 FAILS  TO ISSUE AN ANTI-STALKING ORDER THAT HAS BEEN SOUGHT BY THE PETI-
 TIONER, THE COURT SHALL NOTIFY SUCH PETITIONER THAT SUCH  ORDER  IS  NOT
 ISSUED,  A STATEMENT OF THE GROUNDS FOR THE FAILURE TO ISSUE SUCH ORDER,
 AND THE DATE, TIME, AND LOCATION OF A HEARING ON A  FINAL  ANTI-STALKING
 ORDER,  WHICH  SHALL  PROCEED  UNLESS  THE APPLICATION FOR SUCH ORDER IS
 VOLUNTARILY WITHDRAWN BY THE PETITIONER.
   § 6352. ISSUANCE OF A FINAL ANTI-STALKING ORDER. 1. IN ACCORDANCE WITH
 THIS ARTICLE, AFTER THE ISSUANCE OF A TEMPORARY ANTI-STALKING  ORDER  OR
 AFTER  THE ISSUANCE OF A STATEMENT EXPLAINING THE GROUNDS FOR FAILURE TO
 ISSUE SUCH TEMPORARY ORDER, AS PRESCRIBED IN SUBDIVISION FOUR OF SECTION
 SIXTY-THREE HUNDRED FIFTY-ONE OF THIS ARTICLE, THE COURT  SHALL  HOLD  A
 HEARING  TO  DETERMINE  WHETHER TO ISSUE A FINAL ANTI-STALKING ORDER. IF
 ISSUED, SUCH FINAL ANTI-STALKING ORDER MAY REQUIRE THAT THE RESPONDENT:
   (A) CEASE ALL CONTACT, BY ELECTRONIC MEANS, TELEPHONE,  MAIL,  OR  ANY
 OTHER MEANS, WITH THE PETITIONER AND/OR ANOTHER PERSON;
   (B)  REMOVE  OR  DELETE  ANY TEXTS, IMAGES, VIDEOS, OR OTHER PIECES OF
 MEDIA RELATING TO THE PETITIONER;
   (C) REFRAIN FROM FOLLOWING,  MONITORING,  OR  KEEPING  THE  PETITIONER
 UNDER  PHYSICAL  OR  ELECTRONIC SURVEILLANCE, OR USING TELEPHONIC, AUDI-
 S. 9596                             4
 
 OVISUAL, OR OTHER ELECTRONIC MEANS TO MONITOR THE ACTIONS, LOCATION,  OR
 COMMUNICATION OF THE PETITIONER AND/OR ANOTHER PERSON;
   (D)  REFRAIN FROM REMOTELY CONTROLLING ANY CONNECTED DEVICES AFFECTING
 THE HOME, VEHICLE OR PROPERTY OF THE PETITIONER AND/OR ANOTHER PERSON;
   (E) STAY AWAY FROM THE HOME, SCHOOL, BUSINESS, MOTOR VEHICLE, OR PLACE
 OF EMPLOYMENT OF THE PETITIONER AND/OR ANY OTHER PERSON,  OR  ANY  OTHER
 SPECIFIED LOCATION AS DESIGNATED BY THE COURT;
   (F)  PAY  THE  REASONABLE  COUNSEL  FEES  AND DISBURSEMENT INVOLVED IN
 OBTAINING OR ENFORCING THE ANTI-STALKING ORDER WHICH THE PETITIONER  HAS
 SOUGHT;
   (G)  PROVIDE, EITHER DIRECTLY OR BY MEANS OF MEDICAL AND HEALTH INSUR-
 ANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT ARISING  FROM
 THE  INCIDENT  OR  INCIDENTS  FORMING  THE BASIS FOR THE ISSUANCE OF THE
 ANTI-STALKING ORDER;
   (H) PROVIDE MONETARY COMPENSATION  FOR  OTHER  LOSSES  SUFFERED  AS  A
 DIRECT  RESULT  OF THE STALKING, WHICH MAY INCLUDE BUT NOT BE LIMITED TO
 LOSS OF EARNINGS, OUT-OF-POCKET EXPENSES FOR INJURIES SUSTAINED OR PROP-
 ERTY DAMAGED, COSTS OF LOCK REPLACEMENT, OR COSTS OF OBTAINING AN UNLIM-
 ITED PHONE NUMBER;
   (I) UNDERGO A MENTAL HEALTH EVALUATION AND TREATMENT; AND/OR
   (J) ENGAGE OR CEASE ENGAGING IN ANY OTHER  BEHAVIOR  WHICH  THE  COURT
 DETERMINES WILL MEET THE OBJECTIVE OF PROTECTING THE PETITIONER;
 FOR  A  SPECIFIED  PERIOD  OF  TIME  AS DECLARED BY THE COURT. PROVIDED,
 HOWEVER, THAT ANY REQUIREMENTS IN A FINAL ANTI-STALKING ORDER IMPOSED ON
 THE RESPONDENT WHICH INVOLVE A PERSON OTHER THAN THE PETITIONER MAY ONLY
 BE MADE IF AND TO THE EXTENT THAT SUCH REQUIREMENTS FURTHER THE  PURPOSE
 OF PROTECTING THE PETITIONER.
   § 6353. SERVICE OF AN ANTI-STALKING ORDER.  1. THE COURT SHALL ARRANGE
 FOR PROMPT SERVICE OF A COPY OF AN ANTI-STALKING ORDER ISSUED UNDER THIS
 ARTICLE, THE APPLICATION THEREFOR, ANY NOTICE OF HEARING PREPARED BY THE
 COURT,  ALONG  WITH ANY ASSOCIATED PAPERS INCLUDING THE PETITION AND ANY
 SUPPORTING DOCUMENTATION, PROVIDED THAT THE COURT MAY REDACT IDENTIFYING
 INFORMATION OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE
 COURT FINDS THAT DISCLOSURE OF SUCH INFORMATION WOULD POSE AN  UNREASON-
 ABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
   2. THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE APPROPRIATE
 LAW  ENFORCEMENT  AGENCY  SERVING  THE  JURISDICTION OF THE RESPONDENT'S
 RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED, AT NO
 COST TO THE PETITIONER, ON THE RESPONDENT; PROVIDED, HOWEVER,  THAT  THE
 PETITIONER  MAY  VOLUNTARILY ARRANGE FOR SERVICE OF COPIES OF SUCH ORDER
 AND ASSOCIATED PAPERS THROUGH A THIRD PARTY, SUCH AS A LICENSED  PROCESS
 SERVER.
   3.  NOTWITHSTANDING  ANY  PROVISIONS OF SECTION THREE HUNDRED EIGHT OF
 THIS CHAPTER OR ANY OTHER LAW TO THE CONTRARY, ALL ANTI-STALKING  ORDERS
 FILED  AND  ENTERED  ALONG WITH ASSOCIATED PAPERS MAY BE TRANSMITTED VIA
 ELECTRONIC MEANS FOR EXPEDITED SERVICE.
   4. AN ANTI-STALKING ORDER ISSUED PURSUANT TO THIS ARTICLE  SHALL  BEAR
 IN  A  CONSPICUOUS  MANNER  THE TERM "ORDER OF PROTECTION" OR "TEMPORARY
 ORDER OF PROTECTION" AS THE CASE MAY BE AND A COPY SHALL BE FILED BY THE
 CLERK OF THE COURT WITH THE SHERIFF'S OFFICE IN THE COUNTY IN WHICH  THE
 PETITIONER  RESIDES,  OR,  IF THE PETITIONER RESIDES WITHIN A CITY, WITH
 THE POLICE DEPARTMENT OF SUCH CITY. THE ANTI-STALKING ORDER  SHALL  ALSO
 CONTAIN  THE  FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN IN
 EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT  OR
 COMMUNICATION  WITH  THE  PARTY  AGAINST  WHOM THE ORDER IS ISSUED. THIS
 ORDER OF PROTECTION CAN ONLY BE MODIFIED OR  TERMINATED  BY  THE  COURT.
 S. 9596                             5
 
 THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED
 FOR  VIOLATING  THIS  ORDER.".  THE  ABSENCE  OF SUCH LANGUAGE SHALL NOT
 AFFECT THE VALIDITY OF SUCH ORDER. SUCH ANTI-STALKING ORDER SHALL PLAIN-
 LY  STATE  THE  DATE  THAT  SUCH ORDER EXPIRES, IF TEMPORARY, OR, IF THE
 ORDER IS A FINAL ANTI-STALKING ORDER ISSUED PURSUANT TO  SECTION  SIXTY-
 THREE HUNDRED FIFTY-TWO OF THIS ARTICLE, THE LENGTH OF SUCH ORDER.
   5.  THE  COURT SHALL NOTIFY THE DIVISION OF STATE POLICE AND ANY OTHER
 LAW ENFORCEMENT AGENCY WITH JURISDICTION OF THE  ISSUANCE  OF  AN  ANTI-
 STALKING  ORDER  AND PROVIDE A COPY OF SUCH ORDER NO LATER THAN THE NEXT
 BUSINESS DAY AFTER ISSUING THE ORDER TO SUCH DIVISION  AND  AGENCY.  THE
 COURT  ALSO SHALL PROMPTLY NOTIFY SUCH DIVISION AND AGENCY AND PROVIDE A
 COPY OF ANY ORDER MODIFYING OR  VACATING  SUCH  ANTI-STALKING  ORDER  NO
 LATER  THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER. ANY NOTICE OR
 REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
 FORMAT.
   §  6354.  MODIFICATION OR VACATION OF AN ANTI-STALKING ORDER.  1. UPON
 THE REQUEST OF THE PETITIONER, A COURT MAY, ON  AN  EX  PARTE  BASIS  OR
 OTHERWISE, MODIFY OR VACATE AN ANTI-STALKING ORDER WHICH HAS BEEN ISSUED
 UNDER  THIS  ARTICLE,  PROVIDED  THAT  A    SWORN AFFIDAVIT, VERIFIED IN
 ACCORDANCE WITH SUBDIVISION ONE OF  SECTION  100.30   OF   THE  CRIMINAL
 PROCEDURE  LAW, IS SUBMITTED, SHOWING  GOOD  CAUSE, WHICH MAY INCLUDE IN
 THE CASE OF A MODIFICATION A   SHOWING   THAT   THE   EXISTING ORDER  IS
 INSUFFICIENT  FOR  THE  PURPOSE  OF PROTECTION OF THE   PETITIONER.  THE
 COURT SHALL PROVIDE A  COPY OF SUCH MODIFIED ORDER AND AFFIDAVIT  TO THE
 PETITIONER. ANY MODIFIED ANTI-STALKING ORDER  ISSUED  PURSUANT  TO  THIS
 SECTION  SHALL BE ISSUED TO THE RESPONDENT, AND COPIES SHALL BE FILED AS
 PROVIDED IN SUBDIVISION FIVE OF SECTION SIXTY-THREE HUNDRED  FIFTY-THREE
 AND  SUBDIVISION  THREE OF SECTION SIXTY-THREE HUNDRED FIFTY-SIX OF THIS
 ARTICLE FOR ANTI-STALKING ORDERS ISSUED PURSUANT TO THIS ARTICLE.
   § 6355. TRANSLATION AND INTERPRETATION OF AN ANTI-STALKING ORDER.   1.
 THE  OFFICE  OF COURT ADMINISTRATION SHALL, IN ACCORDANCE WITH PARAGRAPH
 (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE  OF  THE  JUDICIARY
 LAW,  ENSURE  THAT ANY ANTI-STALKING ORDER IS TRANSLATED IN WRITING INTO
 THE APPROPRIATE LANGUAGE FOR A PARTY TO A PROCEEDING WHERE THE COURT HAS
 APPOINTED AN INTERPRETER.  THE  OFFICE  OF  COURT  ADMINISTRATION  SHALL
 ENSURE  THAT THE STANDARD LANGUAGE OF THE OFFICE OF COURT ADMINISTRATION
 ANTI-STALKING ORDER FORMS  SHALL  BE  TRANSLATED  IN  WRITING  INTO  THE
 LANGUAGES MOST FREQUENTLY USED IN THE COURTS OF EACH JUDICIAL DEPARTMENT
 IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF  SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWELVE OF THE JUDICIARY LAW. A COPY OF THE  WRITTEN  TRANSLATION
 SHALL  BE GIVEN TO EACH PARTY IN THE PROCEEDING, ALONG WITH THE ORIGINAL
 ANTI-STALKING ORDER ISSUED IN ENGLISH. A COPY  OF  THIS  WRITTEN  TRANS-
 LATION  SHALL  ALSO BE INCLUDED AS PART OF THE RECORD OF THE PROCEEDING.
 THE COURT SHALL READ THE ESSENTIAL TERMS AND  CONDITIONS  OF  THE  ORDER
 ALOUD ON THE RECORD AND DIRECT THE COURT APPOINTED INTERPRETER TO INTER-
 PRET  THE  SAME TERMS AND CONDITIONS. SUCH WRITTEN TRANSLATION OR INTER-
 PRETATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE  ORDER.
 IN  EVERY CASE A PARTY TO A PROCEEDING SHALL BE PROVIDED WITH AN ENGLISH
 COPY OF ANY ANTI-STALKING ORDER ISSUED.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE  APPROPRIATE
 UNIFORM  TEMPORARY  ANTI-STALKING ORDER FORMS, APPLICABLE TO PROCEEDINGS
 UNDER THIS ARTICLE, TO BE USED THROUGHOUT THE STATE.
   § 6356. ENFORCEMENT. 1.  ANY  VIOLATIONS  OF  AN  ANTI-STALKING  ORDER
 ISSUED  BY  A COURT UNDER THIS ARTICLE SHALL BE SUBJECT TO THE PENALTIES
 OF SECTIONS 120.14, 215.50, 215.51, AND 215.52  OF  THE  PENAL  LAW,  AS
 PRESCRIBED BY SUCH SECTIONS.
 S. 9596                             6
 
   2.  ANY  ANTI-STALKING ORDER ISSUED UNDER THIS ARTICLE IS A MANDATE OF
 THE COURT FOR PURPOSES OF THE OFFENSE OF CRIMINAL CONTEMPT  IN  SUBDIVI-
 SION THREE OF SECTION 215.50 OF THE PENAL LAW.
   3.  IN  ANY PROCEEDING IN WHICH AN ANTI-STALKING ORDER HAS BEEN ISSUED
 UNDER THIS ARTICLE, THE CLERK OF THE COURT SHALL ISSUE TO THE PETITIONER
 AND RESPONDENT AND RESPONDENT'S COUNSEL AND TO ANY OTHER PERSON AFFECTED
 BY THE ORDER A COPY OF THE ANTI-STALKING ORDER AND ENSURE THAT A COPY OF
 THE ANTI-STALKING ORDER BE TRANSMITTED,  IF  APPLICABLE,  TO  THE  LOCAL
 CORRECTIONAL  FACILITY  WHERE THE INDIVIDUAL IS OR WILL BE DETAINED, THE
 STATE OR LOCAL CORRECTIONAL FACILITY WHERE THE INDIVIDUAL IS OR WILL  BE
 IMPRISONED,  AND  THE  SUPERVISING PROBATION DEPARTMENT OR DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION  WHERE  THE  INDIVIDUAL  IS  UNDER
 PROBATION  OR  PAROLE  SUPERVISION.  THE  PRESENTATION OF A COPY OF SUCH
 ORDER TO ANY PEACE OFFICER ACTING PURSUANT TO THEIR  SPECIAL  DUTIES  OR
 POLICE  OFFICER  SHALL  CONSTITUTE AUTHORITY FOR THEM TO ARREST A PERSON
 WHO HAS VIOLATED THE TERMS OF SUCH ORDER AND BRING  SUCH  PERSON  BEFORE
 THE  COURT  AND, OTHERWISE, SO FAR AS LIES WITHIN THEIR POWER, TO AID IN
 SECURING THE PROTECTION SUCH ORDER WAS INTENDED TO AFFORD. THE PROTECTED
 PARTY IN WHOSE FAVOR THE ANTI-STALKING ORDER IS ISSUED MAY NOT  BE  HELD
 TO  VIOLATE AN ORDER ISSUED IN THEIR FAVOR, NOR MAY SUCH PROTECTED PARTY
 BE ARRESTED FOR VIOLATING SUCH ORDER.
   § 6357. FILING AND ENFORCEMENT OF OUT-OF-STATE ORDERS.    1.  A  VALID
 ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF PROTECTION THAT IS SUBSTAN-
 TIALLY SIMILAR TO THE ANTI-STALKING  ORDER  DESCRIBED  IN  THIS  ARTICLE
 WHICH  IS  ISSUED  BY  COURT OF COMPETENT JURISDICTION IN ANOTHER STATE,
 TERRITORIAL, OR TRIBAL JURISDICTION SHALL BE  ACCORDED  FULL  FAITH  AND
 CREDIT AND ENFORCED AS IF IT WERE ISSUED BY A COURT WITHIN THE STATE FOR
 AS  LONG  AS  THE ORDER REMAINS IN EFFECT IN THE ISSUING JURISDICTION IN
 ACCORDANCE WITH SECTIONS TWO THOUSAND TWO  HUNDRED  SIXTY-FIVE  AND  TWO
 THOUSAND  TWO  HUNDRED  SIXTY-SIX OF TITLE EIGHTEEN OF THE UNITED STATES
 CODE.
   2. AN ORDER ISSUED BY A COURT OF  COMPETENT  JURISDICTION  IN  ANOTHER
 STATE, TERRITORIAL, OR TRIBAL JURISDICTION SHALL BE DEEMED VALID IF:
   (A)  THE  ISSUING COURT HAD PERSONAL JURISDICTION OVER THE PARTIES AND
 OVER THE SUBJECT MATTER UNDER THE LAW OF THE ISSUING JURISDICTION; AND
   (B) THE PERSON AGAINST WHOM THE ORDER WAS ISSUED HAD REASONABLE NOTICE
 AND AN OPPORTUNITY TO BE HEARD PRIOR TO ISSUANCE OF THE ORDER; PROVIDED,
 HOWEVER, THAT IF THE ORDER WAS A TEMPORARY ORDER OF PROTECTION ISSUED IN
 THE ABSENCE OF SUCH PERSON, THAT NOTICE  HAD  BEEN  GIVEN  AND  THAT  AN
 OPPORTUNITY  TO BE HEARD HAD BEEN PROVIDED WITHIN A REASONABLE PERIOD OF
 TIME AFTER THE ISSUANCE OF THE ORDER.
   3. NOTWITHSTANDING THE PROVISIONS OF ARTICLE FIFTY-FOUR OF THIS  CHAP-
 TER, AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY A
 COURT OF COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL, OR TRIBAL
 JURISDICTION, ACCOMPANIED BY A SWORN AFFIDAVIT THAT UPON INFORMATION AND
 BELIEF  SUCH  ORDER  IS IN EFFECT AS WRITTEN AND HAS NOT BEEN VACATED OR
 MODIFIED, MAY BE FILED WITHOUT FEE WITH THE CLERK OF THE COURT.
   § 3. Section 120.14 of the penal law, as amended by chapter 222 of the
 laws of 1994, subdivision 3 as amended by chapter 597  of  the  laws  of
 1998, is amended to read as follows:
 § 120.14 Menacing in the second degree.
   A person is guilty of menacing in the second degree when:
   1. [He or she] THEY intentionally [places] PLACE or [attempts] ATTEMPT
 to  place  another person in reasonable fear of physical injury, serious
 physical injury or  death  by  displaying  a  deadly  weapon,  dangerous
 S. 9596                             7
 
 instrument  or  what  appears  to be a pistol, revolver, rifle, shotgun,
 machine gun or other firearm; or
   2.  [He or she] THEY repeatedly [follows] FOLLOW a person or [engages]
 ENGAGE in a course of conduct or repeatedly [commits] COMMIT acts over a
 period of time intentionally placing  or  attempting  to  place  another
 person in reasonable fear of physical injury, serious physical injury or
 death; or
   3.  [He  or  she]  THEY  [commits] COMMIT the crime of menacing in the
 third degree in violation of  that  part  of  a  duly  served  order  of
 protection,  or  such  order which the defendant has actual knowledge of
 because [he or she was] THEY WERE present in court when such  order  was
 issued,  pursuant  to  article  eight  of  the family court act, section
 530.12 of the criminal procedure law, ARTICLE SIXTY-THREE-B OF THE CIVIL
 PRACTICE LAW AND RULES, or an order of protection issued by a  court  of
 competent jurisdiction in another state, territorial or tribal jurisdic-
 tion,  which  directed the respondent or defendant to stay away from the
 person or persons on whose behalf the order was issued.
   Menacing in the second degree is a class A misdemeanor.
   § 4. Section 215.51 of the penal law, as amended by chapter 222 of the
 laws of 1994, subdivision (b) as amended by chapter 353 of the  laws  of
 1996,  the  opening  paragraph of subdivision (b) and subdivision (d) as
 amended by chapter 597 of the laws of 1998, subdivision (c)  as  amended
 by chapter 349 of the laws of 2006, is amended to read as follows:
 § 215.51 Criminal contempt in the first degree.
   A person is guilty of criminal contempt in the first degree when:
   (a)  [he]  THEY  contumaciously  and unlawfully [refuses] REFUSE to be
 sworn as a witness before a grand jury, or, when after having been sworn
 as a witness before a grand jury, [he refuses] THEY REFUSE to answer any
 legal and proper interrogatory; or
   (b) in violation of a duly served order of protection, or  such  order
 of which the defendant has actual knowledge because [he or she was] THEY
 WERE  present  in  court  when  such  order  was  issued, or an order of
 protection issued by a court of competent jurisdiction in this or anoth-
 er state, territorial or tribal jurisdiction, [he or she] THEY:
   (i) intentionally [places] PLACE or  [attempts]  ATTEMPT  to  place  a
 person  for whose protection such order was issued in reasonable fear of
 physical injury, serious physical injury or death by displaying a deadly
 weapon, dangerous instrument or what appears to be a  pistol,  revolver,
 rifle,  shotgun, machine gun or other firearm or by means of a threat or
 threats; or
   (ii) intentionally [places] PLACE or [attempts]  ATTEMPT  to  place  a
 person  for whose protection such order was issued in reasonable fear of
 physical injury, serious physical injury, or death by repeatedly follow-
 ing such person or engaging in a course of conduct or repeatedly commit-
 ting acts over a period of time; or
   (iii) intentionally [places] PLACE or [attempts] ATTEMPT  to  place  a
 person  for whose protection such order was issued in reasonable fear of
 physical injury, serious physical injury,  or  death  when  [he  or  she
 communicates]  THEY  COMMUNICATE or [causes] CAUSE a communication to be
 initiated with such person by mechanical or electronic means  or  other-
 wise,  anonymously or otherwise, by telephone, or by telegraph, mail, or
 any other form of written communication; or
   (iv) with intent to harass, annoy, threaten  or  alarm  a  person  for
 whose  protection  such  order was issued, repeatedly [makes] MAKE tele-
 phone calls to such person, whether or not a conversation  ensues,  with
 no purpose of legitimate communication; or
 S. 9596                             8
 
   (v) with intent to harass, annoy, threaten or alarm a person for whose
 protection such order was issued, [strikes, shoves, kicks] STRIKE, SHOVE
 OR  KICK  or  otherwise [subjects] SUBJECT such other person to physical
 contact or [attempts] ATTEMPT or [threatens] THREATEN to do the same; or
   (vi)  by  physical  menace, intentionally [places] PLACE or [attempts]
 ATTEMPT to place a person for whose protection such order was issued  in
 reasonable  fear of death, imminent serious physical injury, or physical
 injury.
   (c) [he or she commits] THEY COMMIT the crime of criminal contempt  in
 the  second  degree as defined in subdivision three of section 215.50 of
 this  article  by  violating  that  part  of  a  duly  served  order  of
 protection,  or  such  order of which the defendant has actual knowledge
 because [he or she was] THEY WERE present in court when such  order  was
 issued,  under  sections  two hundred forty and two hundred fifty-two of
 the domestic relations law, articles four, five, six and  eight  of  the
 family  court  act,  [and] section 530.12 of the criminal procedure law,
 AND ARTICLE SIXTY-THREE-B OF THE CIVIL PRACTICE LAW  AND  RULES,  or  an
 order  of  protection  issued  by  a  court of competent jurisdiction in
 another state, territorial, or tribal jurisdiction, which  requires  the
 respondent or defendant to stay away from the person or persons on whose
 behalf the order was issued, and where the defendant has been previously
 convicted  of  the  crime  of  aggravated  criminal contempt or criminal
 contempt in the first  or  second  degree  for  violating  an  order  of
 protection as described herein within the preceding five years; or
   (d)  in  violation of a duly served order of protection, or such order
 of which the defendant has actual knowledge because [he or she was] THEY
 WERE present in court when such order was issued, or an order issued  by
 a  court of competent jurisdiction in this or another state, territorial
 or tribal jurisdiction, [he or she]  THEY  intentionally  or  recklessly
 [damages]  DAMAGE  the  property  of  a person for whose protection such
 order was issued in an amount exceeding two hundred fifty dollars.
   Criminal contempt in the first degree is a class E felony.
   § 5. Subdivision 4 of section 140.10 of the criminal procedure law, as
 added by chapter 222 of the laws of 1994, paragraph (a)  as  amended  by
 chapter 511 of the laws of 1996, paragraph (b) as amended by chapter 107
 of  the laws of 2004, paragraph (c) and the third undesignated paragraph
 as amended by chapter 4 of the laws of  1997,  the  second  undesignated
 paragraph as added by chapter 480 of the laws of 2013, the closing para-
 graph  as amended by chapter 224 of the laws of 1994, is amended to read
 as follows:
   4. Notwithstanding any other provisions  of  this  section,  a  police
 officer  shall  arrest  a person, and shall not attempt to reconcile the
 parties or mediate, where such officer has reasonable cause  to  believe
 that:
   (a)  a  felony,  other  than  subdivision  three, four, nine or ten of
 section 155.30 of the penal law,  has  been  committed  by  such  person
 against  a member of the same family or household, as member of the same
 family or household is defined in subdivision one of section  530.11  of
 this chapter; or
   (b) a duly served order of protection, ANTI-STALKING ORDER, or special
 order of conditions issued pursuant to subparagraph (i) or (ii) of para-
 graph  (o)  of  subdivision  one of section 330.20 of this chapter is in
 effect, or an order of which the  respondent  or  defendant  has  actual
 knowledge  because  [he or she was] THEY WERE present in court when such
 order was issued, where the order appears to have been issued by a court
 S. 9596                             9
 
 of competent jurisdiction of  this  or  another  state,  territorial  or
 tribal jurisdiction; and
   (i) Such order directs that the respondent or defendant stay away from
 persons  on  whose  behalf  the  order of protection or special order of
 conditions has been issued and the respondent or defendant committed  an
 act or acts in violation of such "stay away" provision of such order; or
   (ii)  The  respondent or defendant commits a family offense as defined
 in subdivision one of section eight hundred twelve of the  family  court
 act or subdivision one of section 530.11 of this chapter in violation of
 such order of protection or special order of conditions.
   The  provisions  of  this  subdivision  shall  apply only to orders of
 protection issued pursuant to sections two hundred forty and two hundred
 fifty-two of the domestic relations law, articles four,  five,  six  and
 eight  of  the  family  court  act  and  section 530.12 of this chapter,
 special orders of conditions issued pursuant to subparagraph (i) or (ii)
 of paragraph (o) of subdivision one of section 330.20  of  this  chapter
 insofar  as  they  involve  a  victim or victims of domestic violence as
 defined by subdivision one of section four hundred fifty-nine-a  of  the
 social  services law or a designated witness or witnesses to such domes-
 tic violence, ANTI-STALKING ORDERS ISSUED  PURSUANT  TO  ARTICLE  SIXTY-
 THREE-B OF THE CIVIL PRACTICE LAW AND RULES, and to orders of protection
 issued by courts of competent jurisdiction in another state, territorial
 or  tribal  jurisdiction. In determining whether reasonable cause exists
 to make an arrest for a violation of an  order  issued  by  a  court  of
 another  state,  territorial  or  tribal jurisdiction, the officer shall
 consider, among other factors, whether the order, if available,  appears
 to  be  valid on its face or whether a record of the order exists on the
 statewide registry of orders  of  protection  and  warrants  established
 pursuant to section two hundred twenty-one-a of the executive law or the
 protection  order  file  maintained  by  the  national crime information
 center; provided, however, that entry of  the  order  of  protection  or
 special  order of conditions into the statewide registry or the national
 protection order file shall not  be  required  for  enforcement  of  the
 order.  When  a special order of conditions is in effect and a defendant
 or respondent has been taken into custody pursuant  to  this  paragraph,
 nothing  contained  in  this paragraph shall restrict or impair a police
 officer from acting pursuant to section 9.41 of the mental hygiene  law;
 or
   (c)  a  misdemeanor  constituting  a  family  offense, as described in
 subdivision one of section 530.11 of  this  chapter  and  section  eight
 hundred  twelve  of  the  family  court  act, has been committed by such
 person against such  family  or  household  member,  unless  the  victim
 requests  otherwise. The officer shall neither inquire as to whether the
 victim seeks an arrest of such person nor threaten  the  arrest  of  any
 person for the purpose of discouraging requests for police intervention.
 Notwithstanding  the  foregoing, when an officer has reasonable cause to
 believe that more than one family or household member has committed such
 a misdemeanor, the officer is not required to arrest each  such  person.
 In  such circumstances, the officer shall attempt to identify and arrest
 the primary physical aggressor after considering:  (i)  the  comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er  any such person is threatening or has threatened future harm against
 another party or another family or household member; (iii)  whether  any
 such  person  has  a prior history of domestic violence that the officer
 can reasonably ascertain; and (iv) whether any such person acted  defen-
 sively to protect [himself or herself] THEMSELVES from injury. The offi-
 S. 9596                            10

 cer  shall  evaluate  each  complaint separately to determine who is the
 primary physical aggressor and shall not base the decision to arrest  or
 not  to  arrest  on  the willingness of a person to testify or otherwise
 participate in a judicial proceeding.
   The  protected  party  in  whose  favor  the order of protection [or],
 temporary order of protection, OR ANTI-STALKING ORDER is issued may  not
 be  held  to violate an order issued in [his or her] THEIR favor nor may
 such protected party be arrested for violating such order.
   Nothing contained in this subdivision shall be deemed to  (a)  require
 the  arrest  of  any  person  when  the  officer reasonably believes the
 person's conduct is justifiable under article thirty-five of title C  of
 the  penal  law;  or (b) restrict or impair the authority of any munici-
 pality, political subdivision, or the  division  of  state  police  from
 promulgating  rules,  regulations  and  policies requiring the arrest of
 persons in additional circumstances where domestic violence has alleged-
 ly occurred.
   No cause of action for damages shall arise in favor of any  person  by
 reason  of any arrest made by a police officer pursuant to this subdivi-
 sion, except as provided in  sections  seventeen  and  eighteen  of  the
 public  officers  law and sections fifty-k, fifty-l, fifty-m and fifty-n
 of the general municipal law, as appropriate.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 subdivision  4  of  section 140.10 of the criminal procedure law made by
 section five of this act shall not affect the expiration of such  subdi-
 vision and shall expire and be deemed repealed therewith.

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.

Senate Bill S9596

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S9596 (ACTIVE) - Details

2023-S9596 (ACTIVE) - Summary

2023-S9596 (ACTIVE) - Sponsor Memo

2023-S9596 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9596

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Nathalia Fernandez

Iwen Chu

Rachel May

Jessica Scarcella-Spanton

2023-S9596 (ACTIVE) - Details

2023-S9596 (ACTIVE) - Summary

2023-S9596 (ACTIVE) - Sponsor Memo

2023-S9596 (ACTIVE) - Bill Text download pdf

Comments