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History
- Referred to social services
- Referred to social services
Companion bill
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Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property
In Assembly Committee · Governmental Operations · Sponsor Latrice Walker
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1771
Title of bill
An act to amend the executive law, in relation to victims of domestic violence
Purpose
Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property.
Summary of provisions
Section 1. Amends the executive law to add a new section 577 to read:
Violent felon removed from deed with victim.
1. For the purposes of this section, the following terms shall have the following meanings: (a) "violent felony offense" shall have the same meaning set forth in subdivision one of section 70.2 of the penal law; (b) "victim of domestic violence" shall mean any person who is a victim of an act which would constitute a violent felony offense; and (i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and (ii) such act or acts are or are alleged to have been committed by a family or household member.
2. Any victim of domestic violence who holds title to real property with the person who was convicted of the violent felony offense which constituted the domestic violence against such victim may apply to the county clerk in the county in which such real property is located to remove the name of such violent felony offender from the deed of such real property. Application shall be made in a manner and form to be determined by such county clerk.
Justification
As the law currently stands, an offender who is convicted of a felony against a victim with whom the offender also co-owns property can still retain the ability to disallow the victim the ability to sell, refinance, or lease without their permission and can withhold that permission keeping their victim hostage mentally and often financially We must make every effort to assist survivors of these violent crimes from continuing to be victimized even after their offenders have been tried, and convicted.
Legislative history
S.6275 (2014) - Referred to Social Services S.2718 (2013) - Referred to Social Services S.3790 (2012) - Referred to Social Services S.7639 (2010) - Committed to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.