S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3226
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06824-01-5
 A. 3226                             2
              

 
 "ORDER OF PROTECTION" MAY BE USED INTERCHANGEABLY THROUGHOUT THIS  ARTI-
 CLE.
   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
 A. 3226                             3
 
 HAS GIVEN KNOWING, INTELLIGENT, AND VOLUNTARY CONSENT TO  ITS  ISSUANCE.
 THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE THE COURT FROM ISSUING
 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;
 A. 3226                             4
 
   (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;
   (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
 A. 3226                             5
 
 COMMUNICATION  WITH  THE  PARTY  AGAINST  WHOM THE ORDER IS ISSUED. THIS
 ORDER OF PROTECTION CAN ONLY BE MODIFIED OR  TERMINATED  BY  THE  COURT.
 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
 A. 3226                             6
 
 OF  SECTIONS  120.14,  215.50,  215.51,  AND 215.52 OF THE PENAL LAW, AS
 PRESCRIBED BY SUCH SECTIONS.
   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
 A. 3226                             7

 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
   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 added 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-
 A. 3226                             8
 
 phone calls to such person, whether or not a conversation  ensues,  with
 no purpose of legitimate communication; or
   (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, and  the  closing
 paragraph  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
 A. 3226                             9
 
 order was issued, where the order appears to have been issued by a court
 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-
 A. 3226                            10
 
 sively to protect [himself or herself] THEMSELF from injury. The officer
 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 partic-
 ipate 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 repeal of such subdivision
 and shall expire and be deemed repealed therewith.