Bill Text: NY S05086 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5086 (Prior Session Legislation)

Introduced

Bill Title: Authorizes a victim of domestic violence to apply to the county clerk to remove the violent felony offender from deed of co-owned real property in such county.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO SOCIAL SERVICES [S05086 Detail]

Download: New_York-2019-S05086-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5086
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 8, 2019
                                       ___________
        Introduced  by  Sens. PARKER, BAILEY, BRESLIN, HOYLMAN, KENNEDY, SANDERS
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Social Services
        AN ACT to amend the executive law, in relation to  victims  of  domestic
          violence
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section 577 to
     2  read as follows:
     3    § 577. Violent felon  removed  from  deed  with  victim.  1.  For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "violent felony offense" shall have the same meaning set forth  in
     7  subdivision one of section 70.02 of the penal law;
     8    (b)  "victim  of  domestic  violence"  shall  mean any person who is a
     9  victim of an act which would constitute a violent felony offense; and
    10    (i) such act or acts have resulted in  actual  physical  or  emotional
    11  injury  or have created a substantial risk of physical or emotional harm
    12  to such person or such person's child; and
    13    (ii) such act or acts are or are alleged to have been committed  by  a
    14  family or household member.
    15    2.  Any  victim  of domestic violence who holds title to real property
    16  with the person who was convicted of the violent  felony  offense  which
    17  constituted  the  domestic violence against such victim may apply to the
    18  county clerk in the county in which such real  property  is  located  to
    19  remove  the  name  of such violent felony offender from the deed of such
    20  real property. Application shall be made in a  manner  and  form  to  be
    21  determined by such county clerk.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05904-01-9