Relates to pre-disposition and pre-sentence investigations in family offense cases

BILL NUMBER:S732

Title of bill

An act to amend the executive law, the family court act and the criminal procedure law, in relation to pre-dispositional and pre-sentence investigations in family offense cases

Purpose

Relates to predisposition and presentence investigations in family offense cases.

Summary of provisions

This bill amends subdivision 4 of section 221-a of the Executive Law; subdivision (a) of section 835 of the Family Court Act; subdivision 3 of section 390.20 of the Criminal Procedure Law; and, subdivision 4 of section 390.30 of the Criminal Procedure Law authorizing probation departments to conduct pre-dispositional or pre-sentence investigations in family offense cases and to obtain access to the statewide automated order of protection and warrant registry for that purpose.

Justification

In enacting the Family Protection and Domestic violence Intervention Act of 1994 Laws of 1994, ch. 222, 224, the New York State Legislature demonstrated its intent to assure a more rigorous response by law enforcement agencies and the courts to domestic violence. Victims of domestic violence are afforded easy access to either or both family and criminal courts for prosecution of family offense cases. In addition, offenders are subject to mandatory arrest and face heightened consequences for abusive acts in both courts. Local probation departments serving both family and criminal courts, therefore, require the tools necessary -- in particular, sufficient information regarding both the offense and the offender -- to assist the courts in responding effectively to these legislative changes. This bill authorizes local probation departments to obtain access to necessary information on the statewide automated registry of orders of protection and warrants. Information regarding an individual's history of such orders may be essential, not only for the resolution of family offense cases, but also for custody, visitation, juvenile delinquency, PINS and criminal proceedings. This bill authorizes the courts to call upon local probation departments to perform investigations which will assist the courts in their dispositions of family offense matters and enables probation departments to obtain access to domestic violence registry information for these and other pre-dispositional investigations. Additionally, the proposed legislation allows criminal courts to obtain assistance from local probation departments to conduct pre-sentence investigations where relevant to the issuance of an order of protection. Some family offenses currently require pre-sentence investigations, while others do not. While not altering the court's discretion with respect to ordering pre-sentence investigations in non-mandated cases, this proposal explicitly adds an authorization for the courts to order such inquiries for the purpose of "issuance of an order of protection." Where the family offense conviction is not for a felony,

which requires a full-scale pre-sentence investigation, the proposal treats family offense convictions as misdemeanors eligible for "abbreviated investigations and short form reports." While not providing an exhaustive list of permissible areas of inquiry, the proposal enumerates the factors which the court must consider in determining whether an order of protection should issue; specifically, the offender's access to weapons, abuse of controlled substances or alcohol and the offender's history or injury or threat of injury to family members. As in Family Court proceedings, the inclusion of inquiries regarding firearms will enhance the court's ability to frame appropriate conditions for orders of protection and, in cases involving serious violations, will afford the courts information necessary to enforce the provisions regarding firearms license suspensions or revocation and firearms surrender.

Legislative history

2008-10: Referred to Finance 2010: Referred and Recommitted to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.