What's happening
The bill requires courts to provide a secure location and court officer during depositions for parties protected by certain protective orders.
Why it matters
Enhances safety for protected individuals. By mandating secure locations and the presence of a court officer during depositions, the bill addresses potential risks and intimidation faced by victims of domestic violence or other crimes, helping them participate in legal proceedings without fear.
Reduces barriers to justice. Victims who are protected by orders of protection may otherwise avoid or withdraw from depositions due to safety concerns; this provision can encourage their participation, potentially leading to more complete and accurate legal outcomes.
Places new obligations on courts. Courts must now allocate resources—such as secure spaces and personnel—for these depositions, which could affect scheduling, staffing, and courthouse logistics, with potential implications for court operations and budgets.
Signals a broader commitment to victim rights. The bill highlights the state’s recognition of the unique vulnerabilities of certain litigants, setting a precedent for trauma-informed practices within the civil and criminal justice systems.
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Who cares
Parties protected by qualifying orders of protection
They could apply for a secure courthouse location and a court officer for their own deposition or the opposing party’s deposition.
Courts and court officers
Courts would have to provide the secure location and an officer upon application when a party has a qualifying protection order.
Opposing parties and their attorneys
Depositions of either side could take place in a secure courthouse setting with a court officer present.
Headline styles
Supervise Crime Victim Depositions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4924
2019-2020 Regular Sessions
IN SENATE
March 29, 2019
Introduced by Sens. PARKER, FUNKE -- 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.
LBD10481-01-9
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
S7213 2017-18 - REFERRED TO JUDICIARY 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.