BILL NUMBER: S7360
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to orders of
protection for harassment
 
PURPOSE OR GENERAL IDEA OF BILL:
To authorize criminal court to issue an order of protection for harass-
ment in the second degree or any other penal law violation with a victim
 
SUMMARY OF PROVISIONS:
Section 1 modifies Criminal Procedure Law § 530.13(1) to include penal
law violations in offenses qualifying for a temporary order of
protection.
Sections 2 and 3 modify Criminal Procedure Law § 530.13(4) to include
penal law violations in offenses qualifying for an order of protection.
Section 4 provides an effective date.
 
JUSTIFICATION:
Harassment in the Second Degree is a Penal Law violation in which a
person who intends to harass, annoy or alarm another person shoves,
hits, or kicks the other person or threatens to shove, hit or kick them,
follows the person in a public place, or engages in a course of conduct
or repeatedly commits acts which alarm or seriously annoy the other
person without serving'any legitimate purpose. Examples of Harassment in
the Second Degree include intentionally attempting to annoy or alarm
someone by sending a series of unwanted text messages, repeatedly making
unwanted phone calls in the middle of the night, threatening to punch
someone, or following someone around town.
In family court, a victim may obtain an order of protection against
someone in their family who has committed Harassment in the Second
Degree but in criminal court no such order of protection is currently
available against a non-family member, because Harassment in the Second
Degree is a violation rather than a misdemeanor or felony. This bill
would allow a victim of Harassment in the Second Degree, or a victim of
any other violation under New York's penal laws, to obtain an order of
protection against a non-family member in criminal court, restraining
them from further harassing behavior.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect one hundred twenty days after it shall have
become a law

Statutes affected:
S7360: 530.13 criminal procedure law, 530.13(1) criminal procedure law, 530.13(4) criminal procedure law