Bill Text: NY S02454 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the clerk of the court to be responsible for providing information to individuals petitioning for ex-parte orders of protection regarding notification of service of the orders of protection.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S02454 Detail]
Download: New_York-2019-S02454-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2454 2019-2020 Regular Sessions IN SENATE January 25, 2019 ___________ Introduced by Sens. KRUEGER, BRESLIN, MARTINEZ, RIVERA, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law and the family court act, in relation to notification to victims of orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 530.12 of the criminal procedure law is amended by 2 adding a new subdivision 16 to read as follows: 3 16. The clerk of the court shall be responsible for providing informa- 4 tion to individuals petitioning for ex parte orders of protection 5 regarding notification of service of an order of protection. Such 6 notification to the petitioner is required if the petitioner has regis- 7 tered a telephone number with the state victim notification system. The 8 petitioner shall be informed of his or her option to receive notifica- 9 tion of service of an ex parte order of protection or summons on the 10 respondent by the court clerk and shall be provided information on how 11 to receive notification of service of ex parte orders of protection or 12 summons to court. The local law enforcement agency or any other govern- 13 ment agency responsible for serving ex parte orders of protection or 14 summons to court shall record the service of orders of protection on the 15 computerized registry established pursuant to section two hundred twen- 16 ty-one-a of the executive law at the time when service occurs. The 17 provisions of this subdivision shall only apply to those court clerks 18 able to access a statewide victim notification system. 19 § 2. Section 530.13 of the criminal procedure law is amended by adding 20 a new subdivision 6-a to read as follows: 21 6-a. The clerk of the court shall be responsible for providing infor- 22 mation to individuals petitioning for ex parte orders of protection 23 regarding notification of service of an order of protection. Such 24 notification to the petitioner is required if the petitioner has regis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01814-01-9S. 2454 2 1 tered a telephone number with the state victim notification system. The 2 petitioner shall be informed of his or her option to receive notifica- 3 tion of service of an ex parte order of protection or summons on the 4 respondent by the court clerk and shall be provided information on how 5 to receive notification of service of ex parte orders of protection or 6 summons to court. The local law enforcement agency or any other govern- 7 ment agency responsible for serving ex parte orders of protection or 8 summons to court shall record the service of orders of protection on the 9 computerized registry established pursuant to section two hundred twen- 10 ty-one-a of the executive law at the time when service occurs. The 11 provisions of this subdivision shall only apply to those court clerks 12 able to access a statewide victim notification system. 13 § 3. Section 446 of the family court act, as amended by chapter 526 of 14 the laws of 2013, and the closing paragraph as added by chapter 480 of 15 the laws of 2013, is amended to read as follows: 16 § 446. Order of protection. 1. The court may make an order of 17 protection in assistance or as a condition of any other order made under 18 this part. The order of protection may set forth reasonable conditions 19 of behavior to be observed for a specified time by the petitioner or 20 respondent or both. No order of protection may direct any party to 21 observe conditions of behavior unless the party requesting the order of 22 protection has served and filed a petition or counter-claim in accord- 23 ance with section one hundred fifty-four-b of this act. Such an order 24 may require the petitioner or the respondent: 25 (a) to stay away from the home, school, business or place of employ- 26 ment of any other party, the other spouse, the other parent or the 27 child, and to stay away from any other specific location designated by 28 the court; 29 (b) to permit a parent, or a person entitled to visitation by a court 30 order or a separation agreement, to visit the child at stated periods; 31 (c) to refrain from committing a family offense, as defined in subdi- 32 vision one of section eight hundred twelve of this act, or any criminal 33 offense against the child or against the other parent or against any 34 person to whom custody of the child is awarded, or from harassing, 35 intimidating or threatening such persons; 36 (d) to permit a designated party to enter the residence during a spec- 37 ified period of time in order to remove personal belongings not in issue 38 in this proceeding or in any other proceeding or action under this act 39 or the domestic relations law; 40 (e) to refrain from acts of commission or omission that create an 41 unreasonable risk to the health, safety or welfare of a child; 42 (f) to participate in an educational program and to pay the costs 43 thereof if the person has the means to do so, provided however that 44 nothing contained herein shall be deemed to require payment of the costs 45 of any such program by the state or any political subdivision thereof; 46 (g) 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 (h) [1.] (1) to refrain from intentionally injuring or killing, with- 51 out justification, any companion animal the respondent knows to be 52 owned, possessed, leased, kept or held by the person protected by the 53 order or a minor child residing in such person's household. 54 [2.] (2) "Companion animal", as used in this section, shall have the 55 same meaning as in subdivision five of section three hundred fifty of 56 the agriculture and markets law;S. 2454 3 1 (i) [1.] (1) to promptly return specified identification documents to 2 the protected party, in whose favor the order of protection or temporary 3 order of protection is issued; provided, however, that such order may: 4 (A) include any appropriate provision designed to ensure that any such 5 document is available for use as evidence in this proceeding, and avail- 6 able if necessary for legitimate use by the party against whom such 7 order is issued; and (B) specify the manner in which such return shall 8 be accomplished. 9 [2.] (2) For purposes of this subdivision, "identification document" 10 shall mean any of the following: (A) exclusively in the name of the 11 protected party: birth certificate, passport, social security card, 12 health insurance or other benefits card, a card or document used to 13 access bank, credit or other financial accounts or records, tax returns, 14 any driver's license, and immigration documents including but not limit- 15 ed to a United States permanent resident card and employment authori- 16 zation document; and (B) upon motion and after notice and an opportunity 17 to be heard, any of the following, including those that may reflect 18 joint use or ownership, that the court determines are necessary and are 19 appropriately transferred to the protected party: any card or document 20 used to access bank, credit or other financial accounts or records, tax 21 returns, and any other identifying cards and documents; and 22 (j) to observe such other conditions as are necessary to further the 23 purposes of protection. 24 2. The court may also award custody of the child, during the term of 25 the order of protection to either parent, or to an appropriate relative 26 within the second degree. Nothing in this section gives the court power 27 to place or board out any child or to commit a child to an institution 28 or agency. In making orders of protection, the court shall so act as to 29 insure that in the care, protection, discipline and guardianship of the 30 child his religious faith shall be preserved and protected. 31 3. Notwithstanding the foregoing provisions, an order of protection, 32 or temporary order of protection where applicable, may be entered 33 against a former spouse and persons who have a child in common, regard- 34 less of whether such persons have been married or have lived together at 35 any time, or against a member of the same family or household as defined 36 in subdivision one of section eight hundred twelve of this act. 37 4. In addition to the foregoing provisions, the court may issue an 38 order, pursuant to section two hundred twenty-seven-c of the real prop- 39 erty law, authorizing the party for whose benefit any order of 40 protection has been issued to terminate a lease or rental agreement 41 pursuant to section two hundred twenty-seven-c of the real property law. 42 5. In any proceeding pursuant to this article, a court shall not deny 43 an order of protection, or dismiss an application for such an order, 44 solely on the basis that the acts or events alleged are not relatively 45 contemporaneous with the date of the application or the conclusion of 46 the action. The duration of any temporary order shall not by itself be a 47 factor in determining the length or issuance of any final order. 48 6. The protected party in whose favor the order of protection or 49 temporary order of protection is issued may not be held to violate an 50 order issued in his or her favor nor may such protected party be 51 arrested for violating such order. 52 7. The clerk of the court shall be responsible for providing informa- 53 tion to individuals petitioning for ex parte orders of protection 54 regarding notification of service of an order of protection. Such 55 notification to the petitioner is required if the petitioner has regis- 56 tered a telephone number with the state victim notification system. TheS. 2454 4 1 petitioner shall be informed of his or her option to receive notifica- 2 tion of service of an ex parte order of protection or summons on the 3 respondent by the court clerk and shall be provided information on how 4 to receive notification of service of ex parte orders of protection or 5 summons to court. The local law enforcement agency or any other govern- 6 ment agency responsible for serving ex parte orders of protection or 7 summons to court shall record the service of orders of protection on the 8 computerized registry established pursuant to section two hundred twen- 9 ty-one-a of the executive law at the time when service occurs. The 10 provisions of this subdivision shall only apply to those court clerks 11 able to access a statewide victim notification system. 12 § 4. Section 551 of the family court act, as amended by chapter 526 of 13 the laws of 2013, and the closing paragraph as added by chapter 480 of 14 the laws of 2013, is amended to read as follows: 15 § 551. Order of protection. 1. The court may make an order of 16 protection in assistance or as a condition of any other order made under 17 this article. The order of protection may set forth reasonable condi- 18 tions of behavior to be observed for a specified time by the petitioner 19 or respondent or both. No order of protection may direct any party to 20 observe conditions of behavior unless the party requesting the order of 21 protection has served and filed a petition or counter-claim in accord- 22 ance with section one hundred fifty-four-b of this act. Such an order 23 may require the petitioner or the respondent: 24 (a) to stay away from the home, school, business or place of employ- 25 ment of any other party, the other parent, or the child, and to stay 26 away from any other specific location designated by the court; 27 (b) to permit a parent, or a person entitled to visitation by a court 28 order or a separation agreement to visit the child at stated periods; 29 (c) to refrain from committing a family offense, as defined in subdi- 30 vision one of section eight hundred twelve of this act, or any criminal 31 offense against the child or against the other parent or against any 32 person to whom custody of the child is awarded, or from harassing, 33 intimidating or threatening such persons; 34 (d) to permit a designated party to enter the residence during a spec- 35 ified period of time in order to remove personal belongings not in issue 36 in this proceeding or in any other proceeding or action under this act 37 or the domestic relations law; 38 (e) to refrain from acts of commission or omission that create an 39 unreasonable risk to the health, safety or welfare of a child; 40 (f) to participate in an educational program and to pay the costs 41 thereof if the person has the means to do so, provided, however, that 42 nothing contained herein shall be deemed to require payment of the costs 43 of any such program by the state or any political subdivision thereof; 44 (g) to provide, either directly or by means of medical and health 45 insurance, for expenses incurred for medical care and treatment arising 46 from the incident or incidents forming the basis for the issuance of the 47 order; 48 (h) to pay the reasonable counsel fees and disbursements involved in 49 obtaining or enforcing the order of the person who is protected by such 50 order if such order is issued or enforced, whether or not an order of 51 filiation is made; 52 (i) [1.] (1) to refrain from intentionally injuring or killing, with- 53 out justification, any companion animal the respondent knows to be 54 owned, possessed, leased, kept or held by the person protected by the 55 order or a minor child residing in such person's household.S. 2454 5 1 [2.] (2) "Companion animal", as used in this section, shall have the 2 same meaning as in subdivision five of section three hundred fifty of 3 the agriculture and markets law; 4 (j) [1.] (1) to promptly return specified identification documents to 5 the protected party, in whose favor the order of protection or temporary 6 order of protection is issued; provided, however, that such order may: 7 (A) include any appropriate provision designed to ensure that any such 8 document is available for use as evidence in this proceeding, and avail- 9 able if necessary for legitimate use by the party against whom such 10 order is issued; and (B) specify the manner in which such return shall 11 be accomplished. 12 [2.] (2) For purposes of this subdivision, "identification document" 13 shall mean any of the following: (A) exclusively in the name of the 14 protected party: birth certificate, passport, social security card, 15 health insurance or other benefits card, a card or document used to 16 access bank, credit or other financial accounts or records, tax returns, 17 any driver's license, and immigration documents including but not limit- 18 ed to a United States permanent resident card and employment authori- 19 zation document; and (B) upon motion and after notice and an opportunity 20 to be heard, any of the following, including those that may reflect 21 joint use or ownership, that the court determines are necessary and are 22 appropriately transferred to the protected party: any card or document 23 used to access bank, credit or other financial accounts or records, tax 24 returns, and any other identifying cards and documents; and 25 (k) to observe such other conditions as are necessary to further the 26 purposes of protection. 27 2. The court may also award custody of the child, during the term of 28 the order of protection to either parent, or to an appropriate relative 29 within the second degree. Nothing in this section gives the court power 30 to place or board out any child or to commit a child to an institution 31 or agency. In making orders of protection, the court shall so act as to 32 insure that in the care, protection, discipline and guardianship of the 33 child his religious faith shall be preserved and protected. 34 3. Notwithstanding the foregoing provisions, an order of protection, 35 or temporary order of protection where applicable, may be entered 36 against a former spouse and persons who have a child in common, regard- 37 less of whether such persons have been married or have lived together at 38 any time, or against a member of the same family or household as defined 39 in subdivision one of section eight hundred twelve of this act. 40 4. In any proceeding pursuant to this article, a court shall not deny 41 an order of protection, or dismiss an application for such an order, 42 solely on the basis that the acts or events alleged are not relatively 43 contemporaneous with the date of the application or the conclusion of 44 the action. The duration of any temporary order shall not by itself be a 45 factor in determining the length or issuance of any final order. 46 5. The protected party in whose favor the order of protection or 47 temporary order of protection is issued may not be held to violate an 48 order issued in his or her favor nor may such protected party be 49 arrested for violating such order. 50 6. The clerk of the court shall be responsible for providing informa- 51 tion to individuals petitioning for ex parte orders of protection 52 regarding notification of service of an order of protection. Such 53 notification to the petitioner is required if the petitioner has regis- 54 tered a telephone number with the state victim notification system. The 55 petitioner shall be informed of his or her option to receive notifica- 56 tion of service of an ex parte order of protection or summons on theS. 2454 6 1 respondent by the court clerk and shall be provided information on how 2 to receive notification of service of ex parte orders of protection or 3 summons to court. The local law enforcement agency or any other govern- 4 ment agency responsible for serving ex parte orders of protection or 5 summons to court shall record the service of orders of protection on the 6 computerized registry established pursuant to section two hundred twen- 7 ty-one-a of the executive law at the time when service occurs. The 8 provisions of this subdivision shall only apply to those court clerks 9 able to access a statewide victim notification system. 10 § 5. Section 656 of the family court act, as amended by chapter 526 of 11 the laws of 2013, and the closing paragraph as added by chapter 480 of 12 the laws of 2013, is amended to read as follows: 13 § 656. Order of protection. 1. The court may make an order of 14 protection and an order of probation in assistance or as a condition of 15 any other order made under this part. The order of protection may set 16 forth reasonable conditions of behavior to be observed for a specific 17 time by any petitioner or any respondent, and shall specify if an order 18 of probation is in effect. No order of protection may direct any party 19 to observe conditions of behavior unless the party requesting the order 20 of protection has served and filed a petition or counter-claim in 21 accordance with section one hundred fifty-four-b of this act. Such an 22 order may require the petitioner or the respondent: 23 (a) to stay away from the home, school, business or place of employ- 24 ment of any other party, the other spouse or parent, or the child, and 25 to stay away from any other specific location designated by the court; 26 (b) to permit a parent, or a person entitled to visitation by a court 27 order or a separation agreement, to visit the child at stated periods; 28 (c) to refrain from committing a family offense, as defined in subdi- 29 vision one of section eight hundred twelve of this act, or any criminal 30 offense against the child or against the other parent or against any 31 person to whom custody of the child is awarded, or from harassing, 32 intimidating or threatening such persons; 33 (d) to permit a designated party to enter the residence during a spec- 34 ified period of time in order to remove personal belongings not in issue 35 in this proceeding or in any other proceeding or action under this act 36 or the domestic relations law; 37 (e) to refrain from acts of commission or omission that create an 38 unreasonable risk to the health, safety or welfare of a child; 39 (f) to participate in an educational program and to pay the costs 40 thereof if the person has the means to do so, provided however that 41 nothing contained herein shall be deemed to require payment of the costs 42 of any such program by the state or any political subdivision thereof; 43 (g) to provide, either directly or by means of medical and health 44 insurance, for expenses incurred for medical care and treatment arising 45 from the incident or incidents forming the basis for the issuance of the 46 order; 47 (h) to pay the reasonable counsel fees and disbursements involved in 48 obtaining or enforcing the order of the person who is protected by such 49 order if such order is issued or enforced; 50 (i) [1.] (1) to refrain from intentionally injuring or killing, with- 51 out justification, any companion animal the respondent knows to be 52 owned, possessed, leased, kept or held by the petitioner or a minor 53 child residing in the household. 54 [2.] (2) "Companion animal", as used in this section, shall have the 55 same meaning as in subdivision five of section three hundred fifty of 56 the agriculture and markets law;S. 2454 7 1 (j) [1.] (1) to promptly return specified identification documents to 2 the protected party, in whose favor the order of protection or temporary 3 order of protection is issued; provided, however, that such order may: 4 (A) include any appropriate provision designed to ensure that any such 5 document is available for use as evidence in this proceeding, and avail- 6 able if necessary for legitimate use by the party against whom such 7 order is issued; and (B) specify the manner in which such return shall 8 be accomplished. 9 [2.] (2) For purposes of this subdivision, "identification document" 10 shall mean any of the following: (A) exclusively in the name of the 11 protected party: birth certificate, passport, social security card, 12 health insurance or other benefits card, a card or document used to 13 access bank, credit or other financial accounts or records, tax returns, 14 any driver's license, and immigration documents including but not limit- 15 ed to a United States permanent resident card and employment authori- 16 zation document; and (B) upon motion and after notice and an opportunity 17 to be heard, any of the following, including those that may reflect 18 joint use or ownership, that the court determines are necessary and are 19 appropriately transferred to the protected party: any card or document 20 used to access bank, credit or other financial accounts or records, tax 21 returns, and any other identifying cards and documents; and 22 (k) to observe such other conditions as are necessary to further the 23 purposes of protection. 24 2. The court shall not require anyone seeking an order of protection 25 under this section to first request that child protective services 26 investigate the allegations or to first request permission to file a 27 petition under article ten of this act. 28 3. Notwithstanding the foregoing provisions, an order of protection, 29 or temporary order of protection where applicable, may be entered 30 against a former spouse and persons who have a child in common, regard- 31 less of whether such persons have been married or have lived together at 32 any time, or against a member of the same family or household as defined 33 in subdivision one of section eight hundred twelve of this act. 34 4. In addition to the foregoing provisions, the court may issue an 35 order, pursuant to section two hundred twenty-seven-c of the real prop- 36 erty law, authorizing the party for whose benefit any order of 37 protection has been issued to terminate a lease or rental agreement 38 pursuant to section two hundred twenty-seven-c of the real property law. 39 5. In any proceeding pursuant to this article, a court shall not deny 40 an order of protection, or dismiss an application for such an order, 41 solely on the basis that the acts or events alleged are not relatively 42 contemporaneous with the date of the application or the conclusion of 43 the action. The duration of any temporary order shall not by itself be a 44 factor in determining the length or issuance of any final order. 45 6. The protected party in whose favor the order of protection or 46 temporary order of protection is issued may not be held to violate an 47 order issued in his or her favor nor may such protected party be 48 arrested for violating such order. 49 7. The clerk of the court shall be responsible for providing informa- 50 tion to individuals petitioning for ex parte orders of protection 51 regarding notification of service of an order of protection. Such 52 notification to the petitioner is required if the petitioner has regis- 53 tered a telephone number with the state victim notification system. The 54 petitioner shall be informed of his or her option to receive notifica- 55 tion of service of an ex parte order of protection or summons on the 56 respondent by the court clerk and shall be provided information on howS. 2454 8 1 to receive notification of service of ex parte orders of protection or 2 summons to court. The local law enforcement agency or any other govern- 3 ment agency responsible for serving ex parte orders of protection or 4 summons to court shall record the service of orders of protection on the 5 computerized registry established pursuant to section two hundred twen- 6 ty-one-a of the executive law at the time when service occurs. The 7 provisions of this subdivision shall only apply to those court clerks 8 able to access a statewide victim notification system. 9 § 6. Section 842 of the family court act, as amended by chapter 526 of 10 the laws of 2013, and the closing paragraph as added by chapter 480 of 11 the laws of 2013, is amended to read as follows: 12 § 842. Order of protection. 1. An order of protection under section 13 eight hundred forty-one of this part shall set forth reasonable condi- 14 tions of behavior to be observed for a period not in excess of two years 15 by the petitioner or respondent or for a period not in excess of five 16 years upon (i) a finding by the court on the record of the existence of 17 aggravating circumstances as defined in paragraph (vii) of subdivision 18 (a) of section eight hundred twenty-seven of this article; or (ii) a 19 finding by the court on the record that the conduct alleged in the peti- 20 tion is in violation of a valid order of protection. Any finding of 21 aggravating circumstances pursuant to this section shall be stated on 22 the record and upon the order of protection. The court may also, upon 23 motion, extend the order of protection for a reasonable period of time 24 upon a showing of good cause or consent of the parties. The fact that 25 abuse has not occurred during the pendency of an order shall not, in 26 itself, constitute sufficient ground for denying or failing to extend 27 the order. The court must articulate a basis for its decision on the 28 record. The duration of any temporary order shall not by itself be a 29 factor in determining the length or issuance of any final order. Any 30 order of protection issued pursuant to this section shall specify if an 31 order of probation is in effect. Any order of protection issued pursuant 32 to this section may require the petitioner or the respondent: 33 (a) to stay away from the home, school, business or place of employ- 34 ment of any other party, the other spouse, the other parent, or the 35 child, and to stay away from any other specific location designated by 36 the court, provided that the court shall make a determination, and shall 37 state such determination in a written decision or on the record, whether 38 to impose a condition pursuant to this subdivision, provided further, 39 however, that failure to make such a determination shall not affect the 40 validity of such order of protection. In making such determination, the 41 court shall consider, but shall not be limited to consideration of, 42 whether the order of protection is likely to achieve its purpose in the 43 absence of such a condition, conduct subject to prior orders of 44 protection, prior incidents of abuse, extent of past or present injury, 45 threats, drug or alcohol abuse, and access to weapons; 46 (b) to permit a parent, or a person entitled to visitation by a court 47 order or a separation agreement, to visit the child at stated periods; 48 (c) to refrain from committing a family offense, as defined in subdi- 49 vision one of section eight hundred twelve of this [act] article, or any 50 criminal offense against the child or against the other parent or 51 against any person to whom custody of the child is awarded, or from 52 harassing, intimidating or threatening such persons; 53 (d) to permit a designated party to enter the residence during a spec- 54 ified period of time in order to remove personal belongings not in issue 55 in this proceeding or in any other proceeding or action under this act 56 or the domestic relations law;S. 2454 9 1 (e) to refrain from acts of commission or omission that create an 2 unreasonable risk to the health, safety or welfare of a child; 3 (f) to pay the reasonable counsel fees and disbursements involved in 4 obtaining or enforcing the order of the person who is protected by such 5 order if such order is issued or enforced; 6 (g) to require the respondent to participate in a batterer's education 7 program designed to help end violent behavior, which may include refer- 8 ral to drug and alcohol counselling, and to pay the costs thereof if the 9 person has the means to do so, provided however that nothing contained 10 herein shall be deemed to require payment of the costs of any such 11 program by the petitioner, the state or any political subdivision there- 12 of; 13 (h) to provide, either directly or by means of medical and health 14 insurance, for expenses incurred for medical care and treatment arising 15 from the incident or incidents forming the basis for the issuance of the 16 order; 17 (i) [1.] (1) to refrain from intentionally injuring or killing, with- 18 out justification, any companion animal the respondent knows to be 19 owned, possessed, leased, kept or held by the petitioner or a minor 20 child residing in the household. 21 [2.] (2) "Companion animal", as used in this section, shall have the 22 same meaning as in subdivision five of section three hundred fifty of 23 the agriculture and markets law; 24 (j) [1.] (1) to promptly return specified identification documents to 25 the protected party, in whose favor the order of protection or temporary 26 order of protection is issued; provided, however, that such order may: 27 (A) include any appropriate provision designed to ensure that any such 28 document is available for use as evidence in this proceeding, and avail- 29 able if necessary for legitimate use by the party against whom such 30 order is issued; and (B) specify the manner in which such return shall 31 be accomplished. 32 [2.] (2) For purposes of this subdivision, "identification document" 33 shall mean any of the following: (A) exclusively in the name of the 34 protected party: birth certificate, passport, social security card, 35 health insurance or other benefits card, a card or document used to 36 access bank, credit or other financial accounts or records, tax returns, 37 any driver's license, and immigration documents including but not limit- 38 ed to a United States permanent resident card and employment authori- 39 zation document; and (B) upon motion and after notice and an opportunity 40 to be heard, any of the following, including those that may reflect 41 joint use or ownership, that the court determines are necessary and are 42 appropriately transferred to the protected party: any card or document 43 used to access bank, credit or other financial accounts or records, tax 44 returns, and any other identifying cards and documents; and 45 (k) to observe such other conditions as are necessary to further the 46 purposes of protection. 47 2. The court may also award custody of the child, during the term of 48 the order of protection to either parent, or to an appropriate relative 49 within the second degree. Nothing in this section gives the court power 50 to place or board out any child or to commit a child to an institution 51 or agency. 52 3. Notwithstanding the provisions of section eight hundred seventeen 53 of this article, where a temporary order of child support has not 54 already been issued, the court may in addition to the issuance of an 55 order of protection pursuant to this section, issue an order for tempo- 56 rary child support in an amount sufficient to meet the needs of theS. 2454 10 1 child, without a showing of immediate or emergency need. The court shall 2 make an order for temporary child support notwithstanding that informa- 3 tion with respect to income and assets of the respondent may be unavail- 4 able. Where such information is available, the court may make an award 5 for temporary child support pursuant to the formula set forth in subdi- 6 vision one of section four hundred thirteen of this act. Temporary 7 orders of support issued pursuant to this article shall be deemed to 8 have been issued pursuant to section four hundred thirteen of this act. 9 4. Upon making an order for temporary child support pursuant to this 10 subdivision, the court shall advise the petitioner of the availability 11 of child support enforcement services by the support collection unit of 12 the local department of social services, to enforce the temporary order 13 and to assist in securing continued child support, and shall set the 14 support matter down for further proceedings in accordance with article 15 four of this act. 16 5. Where the court determines that the respondent has employer-provid- 17 ed medical insurance, the court may further direct, as part of an order 18 of temporary support under this subdivision, that a medical support 19 execution be issued and served upon the respondent's employer as 20 provided for in section fifty-two hundred forty-one of the civil prac- 21 tice law and rules. 22 6. In any proceeding in which an order of protection or temporary 23 order of protection or a warrant has been issued under this section, the 24 clerk of the court shall issue to the petitioner and respondent and his 25 counsel and to any other person affected by the order a copy of the 26 order of protection or temporary order of protection and ensure that a 27 copy of the order of protection or temporary order of protection be 28 transmitted to the local correctional facility where the individual is 29 or will be detained, the state or local correctional facility where the 30 individual is or will be imprisoned, and the supervising probation 31 department or the department of corrections and community supervision 32 where the individual is under probation or parole supervision. 33 7. Notwithstanding the foregoing provisions, an order of protection, 34 or temporary order of protection where applicable, may be entered 35 against a former spouse and persons who have a child in common, regard- 36 less of whether such persons have been married or have lived together at 37 any time, or against a member of the same family or household as defined 38 in subdivision one of section eight hundred twelve of this article. 39 8. In addition to the foregoing provisions, the court may issue an 40 order, pursuant to section two hundred twenty-seven-c of the real prop- 41 erty law, authorizing the party for whose benefit any order of 42 protection has been issued to terminate a lease or rental agreement 43 pursuant to section two hundred twenty-seven-c of the real property law. 44 9. The protected party in whose favor the order of protection or 45 temporary order of protection is issued may not be held to violate an 46 order issued in his or her favor nor may such protected party be 47 arrested for violating such order. 48 10. The clerk of the court shall be responsible for providing infor- 49 mation to individuals petitioning for ex parte orders of protection 50 regarding notification of service of an order of protection. Such 51 notification to the petitioner is required if the petitioner has regis- 52 tered a telephone number with the state victim notification system. The 53 petitioner shall be informed of his or her option to receive notifica- 54 tion of service of an ex parte order of protection or summons on the 55 respondent by the court clerk and shall be provided information on how 56 to receive notification of service of ex parte orders of protection orS. 2454 11 1 summons to court. The local law enforcement agency or any other govern- 2 ment agency responsible for serving ex parte orders of protection or 3 summons to court shall record the service of orders of protection on the 4 computerized registry established pursuant to section two hundred twen- 5 ty-one-a of the executive law at the time when service occurs. The 6 provisions of this subdivision shall only apply to those court clerks 7 able to access a statewide victim notification system. 8 § 7. This act shall take effect immediately.
