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S4930Senate2009-2010 Session

Allows people with orders of protection to refuse to provide certain personal information during the disclosure phase of a court proceeding

Sponsor Velmanette MontgomerySD-18Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to providing personal information during disclosure by a person to whom an order of protection has been issued

Purpose

To allow victims who have orders of protection to be further protected by keeping personal information confidential in disclosure proceedings.

Summary of provisions

Section I amends the civil practice law and rules by adding a new section 3104-a, which protects a domestic violence victim's personal information at a disclosure proceeding.

Existing law

None.

Justification

New York State has no statutory protection or provision to preserve the privacy of domestic violence victims during civil pretrial disclosure proceedings. Witnesses who are called to provide information under oath are often asked during these formal proceedings questions that unreasonably invade the privacy and jeopardize the safety and security of victims of domestic violence questions of residency, employment, and family relationships. Legal protections need to extend to these out-of-court civil proceedings to maximize the value of protective orders issued in the family and criminal courts, and to prevent abusers from taking advantage of legal proceedings to obtain otherwise sensitive information. Victims of domestic violence should not be continually threatened, harassed, or intimidated. Legal protections need to be strengthened so as not to allow the disclosure of information that could facilitate continuing abuse.

Legislative history

2007-2008: S.4777 - Died in Committee 2005-2006: S.1803 Died in Committee. 2004: S.6751 Died in Committee

Fiscal implications

None

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.