Bill Text: NY A00612 | 2013-2014 | General Assembly | Introduced


Bill Title: Authorizes orders of protection to provide for personal security devices and order the respondent to cover the costs associated with security devices.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A00612 Detail]

Download: New_York-2013-A00612-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          612
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. PRETLOW, CLARK, SCHIMMINGER, GALEF -- Multi-Spon-
         sored  by -- M. of A.  ABBATE, AUBRY, BRENNAN, GLICK, GOTTFRIED, HOOP-
         ER, ORTIZ, PERRY -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law and the family court act,  in
         relation  to  authorizing order of protection to contain provision for
         personal security devices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 530.12 of the criminal procedure
    2  law is amended by adding a new paragraph (d-1) to read as follows:
    3    (D-1) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
    4  SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
    5  PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
    6  CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
    7  THAT MAY BE SO ORDERED;
    8    S  2. Subdivision 1 of section 530.13 of the criminal procedure law is
    9  amended by adding a new paragraph (a-1) to read as follows:
   10    (A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME  SECU-
   11  RITY  SYSTEM,  A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR ANY OTHER
   12  PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
   13  CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
   14  THAT MAY BE SO ORDERED;
   15    S  3. Subdivision 4 of section 530.13 of the criminal procedure law is
   16  amended by adding a new paragraph (a-1) to read as follows:
   17    (A-1) PAY THE FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME  SECU-
   18  RITY  SYSTEM,  A  PERSONAL  ALARM,  A  CELLULAR  TELEPHONE  OR ANY OTHER
   19  PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
   20  CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
   21  THAT MAY BE SO ORDERED;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01301-01-3
       A. 612                              2
    1    S  4.  Subdivision  (g)  of  section  446  of the family court act, as
    2  amended by chapter 948 of the laws of 1984, is amended and a new  subdi-
    3  vision (g-1) is added to read as follows:
    4    (g)  to  provide,  either  directly  or by means of medical and health
    5  insurance, for expenses incurred for medical care and treatment  arising
    6  from the incident or incidents forming the basis for the issuance of the
    7  order[.];
    8    (G-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
    9  SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
   10  PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
   11  CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
   12  SUPPORT THAT MAY BE SO ORDERED;
   13    S  5.  Subdivision  (h)  of  section  656  of the family court act, as
   14  amended by chapter 948 of the laws of 1984, is amended and a new  subdi-
   15  vision (h-1) is added to read as follows:
   16    (h)  to  pay the reasonable counsel fees and disbursements involved in
   17  obtaining or enforcing the order of the person who is protected by  such
   18  order if such order is issued or enforced[.];
   19    (H-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
   20  SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
   21  PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
   22  CONTAINED IN THIS SUBDIVISION  SHALL  DIMINISH  OR  RESTRICT  ANY  OTHER
   23  SUPPORT THAT MAY BE SO ORDERED;
   24    S  6. Subdivisions (g) and (h) of section 842 of the family court act,
   25  as amended by chapter 222 of the laws of 1994, are  amended  and  a  new
   26  subdivision (h-1) is added to read as follows:
   27    (g) to require the respondent to participate in a batterer's education
   28  program  designed to help end violent behavior, which may include refer-
   29  ral to drug and alcohol [counselling] COUNSELING, and to pay  the  costs
   30  thereof  if  the  person  has  the means to do so, provided however that
   31  nothing contained [herein]  IN  THIS  SUBDIVISION  shall  be  deemed  to
   32  require  payment of the costs of any such program by the petitioner, the
   33  state or any political subdivision thereof; [and]
   34    (h) to provide, either directly or by  means  of  medical  and  health
   35  insurance,  for expenses incurred for medical care and treatment arising
   36  from the incident or incidents forming the basis for the issuance of the
   37  order[.];
   38    (H-1) TO PAY THE FEES INVOLVED IN OBTAINING  AND  MAINTAINING  A  HOME
   39  SECURITY  SYSTEM,  A  PERSONAL  ALARM, A CELLULAR TELEPHONE OR ANY OTHER
   40  PERSONAL PROTECTION OR SECURITY DEVICE, PROVIDED  HOWEVER  THAT  NOTHING
   41  CONTAINED  IN  THIS  SUBDIVISION  SHALL  DIMINISH  OR RESTRICT ANY OTHER
   42  SUPPORT THAT MAY BE SO ORDERED;
   43    S 7. Paragraph (f) of subdivision 1 of  section  1056  of  the  family
   44  court act, as amended by chapter 622 of the laws of 1990, is amended and
   45  a new paragraph (f-1) is added to read as follows:
   46    (f)  to  provide,  either  directly  or by means of medical and health
   47  insurance, for expenses incurred for medical care and treatment  arising
   48  from the incident or incidents forming the basis for the issuance of the
   49  order[.];
   50    (F-1)  TO  PAY  THE  FEES INVOLVED IN OBTAINING AND MAINTAINING A HOME
   51  SECURITY SYSTEM, A PERSONAL ALARM, A CELLULAR  TELEPHONE  OR  ANY  OTHER
   52  PERSONAL  PROTECTION  OR  SECURITY DEVICE, PROVIDED HOWEVER THAT NOTHING
   53  CONTAINED IN THIS PARAGRAPH SHALL DIMINISH OR RESTRICT ANY OTHER SUPPORT
   54  THAT MAY BE SO ORDERED;
   55    S 8. This act shall take effect immediately.
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