Bill Text: NY A09628 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to notification of rights of victims of domestic violence in criminal and family court proceedings.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2016-05-03 - REFERRED TO JUDICIARY [A09628 Detail]

Download: New_York-2015-A09628-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9628
                   IN ASSEMBLY
                                     March 22, 2016
                                       ___________
        Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary
        AN  ACT to amend the family court act and the criminal procedure law, in
          relation to notification of rights of victims of domestic violence  in
          criminal and family court proceedings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 812 of the family  court  act,  as
     2  amended  by  chapter  224  of  the  laws  of 1994, is amended to read as
     3  follows:
     4    5. Notice. Every police officer, peace officer  or  district  attorney
     5  investigating  a  family  offense  under  this  article shall advise the
     6  victim of the availability of a shelter or other services in the  commu-
     7  nity,  and shall immediately give the victim written notice of the legal
     8  rights and remedies available to a victim of a family offense under  the
     9  relevant  provisions  of  this  act and the criminal procedure law[, the
    10  family court act and the domestic relations law]. Such notice  shall  be
    11  available,  at  minimum,  in  plain  English [and], Spanish, Chinese and
    12  Russian and, if necessary, shall be delivered orally and  shall  include
    13  but  not be limited to the information contained in the following state-
    14  ment:
    15    ["If you are the victim of domestic violence, you may request that the
    16  officer assist in providing for your safety and that of  your  children,
    17  including  providing  information  on how to obtain a temporary order of
    18  protection. You may also request that the officer assist you in  obtain-
    19  ing  your  essential  personal  effects  and locating and taking you, or
    20  assist in making arrangement to take you, and your children  to  a  safe
    21  place within such officer's jurisdiction, including but not limited to a
    22  domestic violence program, a family member's or a friend's residence, or
    23  a  similar place of safety. When the officer's jurisdiction is more than
    24  a single county, you may ask the officer to take you  or  make  arrange-
    25  ments  to  take you and your children to a place of safety in the county
    26  where the incident occurred. If you or your  children  are  in  need  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14176-05-6