What's happening
This bill requires courts to notify complainants when ex parte orders of protection are served, using their chosen communication method.
Why it matters
Empowers complainants to choose how they are notified. by mail, phone, email, or other electronic means—when an ex parte order of protection has been served, which can enhance their sense of safety and control during a stressful time.
Ensures timely notice. to complainants, so they know exactly when the order of protection is in effect, allowing them to take any necessary precautions or actions to protect themselves or their family.
Creates clear responsibilities. for law enforcement and court staff to communicate and document service of orders, potentially reducing confusion and minimizing dangerous gaps in information.
Could improve compliance and enforcement. of protective orders by closing notification loopholes and making the process more transparent for all involved parties.
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Who cares
Headline styles
Notify Victims When Orders Served
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.
Notify Victims When Orders Served
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
375
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03505-01-9
S. 375 2
order shall notify the complainant immediately, in the manner specified by the complainant, that such service has been made.
§ 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.
Sponsor's memo
Title of bill
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
Purpose
Provides for the immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.
Summary of provisions
Section 1 The criminal procedure law is amended by adding a new section 530.13-A to include notification of service of ex parte order of protection.
Section 2. The family court act is amended by adding a new section 153-d.
Section 3. This act shall take effect on the sixtieth day after it shall have become a law.
Justification
Access to information is a vital and important concern for crime victims. in 1993, a young woman was murdered by her former boyfriend because she did not know that he had been released from jail. Her murder led to the creation of the automated victim notification system which over thirty states have adopted, including New York. New York however, has not taken the next step and extended these automated notifications to include protective orders. Thousands of victims are killed or revic- timized each year immediately after an order of protection is served on their abuser. By including protective orders, victims are notified when they are in the greatest danger and criminal justice agencies are given new tools to assist them during this vulnerable time. Notification can be by mail, telephone, E-mail, or other means of electronic communi- cation, which will provide security and emotional peace of mind by allowing victims to be notified in real time when their protection order request has been served. Congress has already approved millions of dollars to help states expand their victim notification systems, and the Bureau of. Justice Assistance within the U S. Department of Justice has made these grants available to York would become eligib le for this states, By passing this legislation, New funding.
Legislative history
2018: S.4060- Third Reading Calendar/A.4370 - Referred to Codes 2017: S.4060- PassedSenate/A.4370- Referred to Codes 2016: S.3335- PassedSenate/A.10094- Passed Senate 2015: S.3335- Passed Senate 2014: S.3622- Referred to Codes 2012: S.2942- Passed Senate/A.3677-Referred to Codes 2011: S.2942- Passed Senate/A.3677-Referred to Codes 2010: S.733-Referred to Codes/A.10663 - Referred to Codes 2009: A.733 - Referred to Codes/A.10663 2008: S.7052 - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.