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History
- Committee discharged and committed to rules
- Notice of committee consideration - requested
- Print number 889a
- Amend and recommit to children and families
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to notification to victims of service of orders of protection
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S889A
Title of bill
An act to amend the criminal procedure law and the family court act, in relation to notification to victims of orders of protection
Purpose
To insure notification of victims when service has been made of orders of protection.
Read the full memo (853 words)
Summary of provisions
Section 1. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 16 - the clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte orders of protection regarding notification of service of the orders of protection. Such notification to the petitioner is required if the petitioner has registered a telephone number with the states victim notification system. The petitioner shall be informed of his or her option to receive notification of service of an ex-parte orders of protection or summons to court. The local law enforcement agency or any other government agency responsible for serving ex-parte orders of protection or summons to court shall record the service of these orders of protection into a law enforcement database, or similar electronic record keeping system, at the time when service occurs. The provisions of this section shall only apply to those court clerks able to access a statewide victim notification system.
Section 2. Section 530.13 adding a new subdivision 6-a: The clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte order of protection and shall be informed of his or her option to receive notification of service. The local law enforcement agency or other government agency responsible for serving the ex-parte orders shall record the service of orders on the computerized registry at the time when service occurs. This shall only apply to those court clerks able to access a statewide victim notification system.
Section 3. Section 446 of the family court act is amended and a new subdivision 6 is added: The clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte orders of protection and shall be informed of his or her option to receive notification of service. The local law enforcement agency or other government agency responsible for serving the ex-parte orders shall record the service of orders on the computerized registry at the time when service occurs. This shall only apply to those court clerks able to access a statewide victim notification system.
Section 4. Section 551 of the family court act is amended and a new subdivision 5 is added: The clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte orders of protection and shall be informed of his or her option to receive notification of service. The local law enforcement agency or other government agency responsible for serving the ex-parte orders shall record the service of orders on the computerized registry at
the time when service occurs. This shall only apply to those court clerks able to access a statewide victim notification system.
Section 5. Section 656 of the family court act is amended and anew subdivision 6 is added: The clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte orders of protection and shall be informed of his or her option to receive notification of service. The local law enforcement agency or other government agency responsible for serving the ex-parte orders shall record the service of orders on the computerized registry at the time when service occurs. This shall only apply to those court clerks able to access a statewide victim notification system.
Section 6. Section 842 of the family court act is amended and a new subdivision 9 is added: The clerk of the court shall be responsible for providing information to individuals petitioning for ex-parte orders of protection and shall be informed of his or her option to receive notification of service. The local law enforcement agency or other government agency responsible for serving the ex-parte orders shall record the service of orders on the computerized registry at the time when service occurs. This shall only apply to those court clerks able to access a statewide victim notification system.
Section 7. This act shall take effect immediately.
Justification
Access to information is a vital concern for crime victims. Over 30 states have adopted statewide automated victim notification systems including New York. However, New York has not yet taken the next step and extended these automated notifications to include protective orders. Thousands of victims are killed or revictimized each year immediately after an order of protection is served on their abuser. By including protective orders, victims will be notified when they are in the greatest danger and criminal justice agencies are given new tools to assist them during this vulnerable time.
Congress has approved millions of dollars to help states expand their victim notification systems and the Bureau of Justice Assistance within the US Department of Justice has made these grants available to states. This legislation will make New York eligible for this funding.
Legislative history
2008 - A.9641/S.6906 - Vetoed Memo 16 New bill to address concerns expressed in Veto Memo.
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.