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

BILL NUMBER:S1605

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 1 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.

Justification

New York State does not do enough 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. This measure would prevent the government from unwitting facilitation of a domestic violence victims' continued harassment or intimidation.

Legislative history

First introduced in 2004.

Fiscal implications

None.

Effective date

Immediately.