What's happening
This bill requires courts to provide a secure location and court officer for depositions involving parties protected by orders of protection.
Why it matters
Enhances safety for vulnerable parties. By mandating a secure location and the presence of a court officer during depositions, the bill aims to reduce intimidation and potential harm to domestic violence and crime victims who are protected by court orders.
May encourage participation in legal proceedings. Victims who might otherwise avoid essential legal steps (like depositions) due to fear of their abuser are more likely to engage fully in the justice process, potentially leading to fairer outcomes.
Addresses gaps in current protections. Existing orders of protection do not always extend to civil procedures like depositions, so this amendment helps close a loophole where victims could be exposed to unsafe situations within the legal system.
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Who cares
Headline styles
Protect Victims During Depositions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
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.
Supervise Victim Depositions
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7213
IN SENATE
January 3, 2018
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to providing domestic violence victims or crime victims with supervision while taking depositions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Lydia Peikon Cotz act".
§ 2. Section 3104 of the civil practice law and rules is amended by adding a new subdivision (f) to read as follows:
(f) Whenever a party is protected by an order of protection issued under section eight hundred forty-two of the family court act or a protective order issued under subdivision one of section 530.12 of the criminal procedure law, upon application, the court shall provide a secure location within the courthouse, and a court officer, for taking the deposition of either the party or the opposing party.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04103-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to providing domestic violence victims or crime victims with supervision while taking depositions
Purpose
To allow victims of crime and/or domestic violence with Orders of Protection to be protected in depositions and allow upon motion of any party or witness to request the Court to allow victims to take deposi- tions in the courthouse under the supervision of a court officer.
Summary of provisions
A new subdivision (f) is added to ,section 3104 of the CPLR to require the court, upon motion, to provide a secure location within the court- house, and a court officer for taking the deposition of either the party or the opposing party.
Justification
Victims should not be continually threatened or in fear while court depositions are being taken. This measure will provide security and peace of mind to those victims -
Legislative history
A.1395 of 2017 A.1788 of 2015-2016 A.1440 of 2013-2014 A.6791 of 2011-12 S.3051 of 2004 S.3038 of 2005-2006 S.5058 of 2007-2008 A.1635 of 2009-2010
Fiscal implications
To be determined.
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.