What's happening
This bill requires courts to notify complainants when ex parte orders of protection are served, using their preferred communication method.
Why it matters
Empowers victims by offering them real-time updates. The bill allows complainants (typically victims of abuse or harassment) to choose how they are notified when an ex parte order of protection is served, providing greater control and timely information about their case.
Improves safety and planning for complainants. Knowing exactly when an order of protection is served can help victims make safer decisions about their movements and interactions, potentially reducing the risk of confrontation or retaliation.
Increases accountability and coordination among law enforcement and courts. By requiring immediate notification from the person serving the order to the court clerk, and then to the complainant, the bill creates a clear chain of responsibility and minimizes communication delays that could endanger complainants.
Accommodates modern communication needs. The bill explicitly includes notification by email or other electronic means, acknowledging that different complainants have different preferences and access to technology, which could make the process more accessible and responsive.
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Notify Victims When Orders Served
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
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.
Notify Victims When Orders Served
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3093
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in relation to notification of service of ex parte orders of protection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 530.13-a to read as follows: § 530.13-a Notification of service of ex parte order of protection.
1. A complainant who is granted an ex parte order of protection by the court and a complainant who requests that an ex parte order of protection be granted by the court, who wishes to be notified when an ex parte order of protection is served on the person against whom the complaint is made, shall notify the court clerk of the manner in which he or she wishes to be notified. Notification by mail, telephone, e-mail or other means of electronic communication shall be used by the court, if requested, and if the court has the equipment to make such communication. The court shall inform all complainants who are granted an ex parte order of protection and who request an ex parte order of protection of their right to be notified when the order of protection is served.
2. Notwithstanding any other provision of law to the contrary, any police officer, peace officer or other person who serves an ex parte order of protection on a person against whom a complaint has been made shall immediately notify the clerk of the court which made said order that the service has been made. After notification to the clerk of the court that service of an ex parte order of protection has been made, or upon service of such order by a court employee upon a person against whom a complaint has been made, the clerk of the court which issued such order shall notify the complainant immediately, in the manner specified by the complainant, that such service has been made.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03505-01-9
A. 3093 2
§ 2. The family court act is amended by adding a new section 153-d to read as follows:
§ 153-d. Notification of service of ex parte order of protection. 1. A complainant who is granted an ex parte order of protection by the court and a complainant who requests that an ex parte order of protection be granted by the court, who wishes to be notified when an ex parte order of protection is served on the person against whom the complaint is made, shall notify the court clerk of the manner in which he or she wishes to be notified. Notification by mail, telephone, e-mail or other means of electronic communication shall be used by the court, if requested, and if the court has the equipment to make such communication. The court shall inform all complainants who are granted an ex parte order of protection and who request an ex parte order of protection of their right to be notified when the order of protection is served.
2. Notwithstanding any other provision of law to the contrary, any police officer, peace officer or other person who serves an ex parte order of protection on a person against whom a complaint has been made shall immediately notify the clerk of the court which made said order that the service has been made. After notification to the clerk of the court that service of an ex parte order of protection has been made, or upon service of such order by a court employee upon a person against whom a complaint has been made, the clerk of the court which issued such order shall notify the complainant immediately, in the manner specified by the complainant, that such service has been made.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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