BILL NUMBER: S1652
SPONSOR: BAILEY
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To permit temporary orders of protection and orders of protection for
non-family domestic violence offenses to be filed with the statewide
computerized registry of orders of protection.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 530.13 of the Criminal Procedure
Law to permit courts to direct that orders of protection and temporary
orders of protection relating to non-family domestic violence offenses
be filed with the statewide computerized registry of orders of
protection. Section two amends section 221-a of the executive law
directing the Superintendent of State Police to include such orders of
protection on the computerized registry.
 
EXISTING LAW:
Existing law only allows orders of protection and temporary orders of
protection for family offenses to be entered on the statewide computer-
ized registry.
 
JUSTIFICATION:
The landmark Family Protection and Domestic Violence Intervention Act of
1994 created a framework to promote a more aggressive response to domes-
tic violence. A statewide computerized registry was established to expe-
dite communication between Family and Criminal Courts and law enforce-
ment agencies. Only orders of protection for domestic violence offenses
covered under the statutory definition of family offense, however, are
put on the registry. At least half of the victims of domestic violence
are people outside the statutory definition of family. Orders of
protection and temporary orders of protection issued to protect these
victims, now covered under the 2008 legislation which expanded access to
Family Court, should also be included on the computerized statewide
registry.
 
LEGISLATIVE HISTORY:
2017-18: Referred to Codes
2019-20: Referred to Codes
2021-22: Referred to Codes
2023-24: Passed Senate
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The first of October next succeeding the date on which the bill becomes
a law, with provisions.

Statutes affected:
S1652: 530.13 criminal procedure law, 530.13(5) criminal procedure law, 221-a executive law, 221-a(1) executive law