What's happening
This bill allows non-family offense orders of protection to be filed in the statewide computerized registry if deemed necessary by the court.
Why it matters
Expands the scope of the statewide registry. By allowing non-family offense orders of protection to be included in the registry if a court deems it necessary, the bill could help law enforcement and courts more easily access records on a broader range of protective orders, not just those related to domestic violence.
Improves safety for protected individuals. Filing these additional orders in the registry could make it easier for police to quickly identify and enforce protections for victims in cases that fall outside traditional family or domestic violence contexts, potentially preventing further harm.
Gives judges more flexibility. The bill gives courts the discretion to decide when filing a non-family order in the registry is needed to implement its intent, allowing for tailored protection based on the specifics of each case rather than a one-size-fits-all approach.
Could enhance coordination across jurisdictions. By centralizing more types of orders in the statewide system, the bill may help prevent gaps where offenders move between jurisdictions or where different agencies need to verify the existence of an order, thus reducing the risk of orders being overlooked or not enforced.
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Who cares
People protected by non-family offense orders of protection
Their temporary or final orders could be added to the statewide registry when a court determines filing is needed to carry out the order’s purposes.
Criminal courts and court clerks
Courts would decide when registry filing is required, and clerks would file those orders in addition to sending copies to the appropriate local police or sheriff.
Police departments and sheriffs’ offices
The registry would include court-designated non-family offense protection orders and warrants arising from them, supporting checks for existing orders and warrants.
New York State Police
The superintendent’s responsibility to maintain the statewide registry would expand to cover these court-designated orders and related warrants.
Headline styles
Add Protection Orders to Registry
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Expand Protection Order Registry
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4293
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in relation to authorizing a court to file non-family offense temporary orders of protection and orders of protection with the computerized registry established for such information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 530.13 of the criminal procedure law, as amended by chapter 462 of the laws of 2002, is amended to read as follows:
5. The court shall inquire as to the existence of any other orders of protection between the defendant and the person or persons for whom the order of protection is sought. An order of protection issued under this section shall plainly state the date that such order expires. Orders of protection issued to protect victims of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, shall be on uniform statewide forms that shall be promulgated by the chief administrator of the courts in a manner to ensure the compatibility of such forms with the statewide registry of orders of protection and warrants established pursuant to section two hundred twenty-one-a of the executive law. A copy of an order of protection or a temporary order of protection issued pursuant to subdivision one, two, three, or four of this section shall be filed by the clerk of the court with the sheriff's office in the county in which such victim or victims reside, or, if the victim or victims reside within a city, with the police department of such city, and shall be filed with the computerized registry of orders of protection and arrest warrants established pursuant to section two hundred twenty-one-a of the executive law where the court determines that such filing is required to implement the purposes of such order. A copy of such order of protection or temporary order of protection may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04817-01-9
A. 4293 2
from time to time be filed by the clerk of the court with any other police department or sheriff's office having jurisdiction of the residence, work place, and school of anyone intended to be protected by such order. A copy of the order may also be filed by the victim or victims at the appropriate police department or sheriff's office having jurisdiction. Any subsequent amendment or revocation of such order shall be filed in the same manner as herein provided.
§ 2. Subdivision 1 of section 221-a of the executive law, as amended by chapter 492 of the laws of 2015, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal justice services, office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized registry of all orders of protection issued pursuant to articles four, five, six, eight and ten of the family court act, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law and those orders of protection which a court orders filed with the registry pursuant to subdivision five of section 530.13 of the criminal procedure law, and any warrant arising therefrom, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law insofar as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twenty-nine and thirty of section 1.20 of the criminal procedure law, insofar as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three and seven of such act and section 530.13 of the criminal procedure law except as provided for in this subdivision shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, temporary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law.
§ 3. This act shall take effect on the first of October next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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