Bill Text: NY S06275 | 2013-2014 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2014-01-09 - REFERRED TO SOCIAL SERVICES [S06275 Detail]

Download: New_York-2013-S06275-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6275
                                   I N  S E N A T E
                                    January 9, 2014
                                      ___________
       Introduced  by  Sen.  PARKER -- 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    S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06053-01-3