Bill Text: NY S07926 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to prohibiting a party to an order of protection from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by such order.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-11-11 - signed chap.261 [S07926 Detail]
Download: New_York-2019-S07926-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7926 IN SENATE March 3, 2020 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, the criminal procedure law, and the domestic relations law, in relation to prohibiting a party to an order of protection from remotely controlling any connected devices of a person protected by such order 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 352.3 of the family court act, as 2 amended by chapter 532 of the laws of 2008, is amended to read as 3 follows: 4 (1) Upon the issuance of an order pursuant to section 315.3 or the 5 entry of an order of disposition pursuant to section 352.2, a court may 6 enter an order of protection against any respondent for good cause 7 shown. The order may require that the respondent: (a) stay away from the 8 home, school, business or place of employment of the victims of the 9 alleged offense; or (b) refrain from harassing, intimidating, threaten- 10 ing or otherwise interfering with the victim or victims of the alleged 11 offense and such members of the family or household of such victim or 12 victims as shall be specifically named by the court in such order; or 13 (c) refrain from intentionally injuring or killing, without justifica- 14 tion, any companion animal the respondent knows to be owned, possessed, 15 leased, kept or held by the person protected by the order or a minor 16 child residing in such person's household; or (d) refrain from remotely 17 controlling any connected devices affecting the home, vehicle or proper- 18 ty of the person protected by the order. "Companion animal", as used in 19 this subdivision, shall have the same meaning as in subdivision five of 20 section three hundred fifty of the agriculture and markets law. 21 "Connected device", as used in this subdivision, shall mean any device, 22 or other physical object that is capable of connecting to the internet, 23 directly or indirectly, and that is assigned an internet protocol 24 address or bluetooth address. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15199-01-0S. 7926 2 1 § 2. Subdivisions (i) and (j) of section 446 of the family court act, 2 as amended by chapter 526 of the laws of 2013, are amended to read as 3 follows: 4 (i) 1. to promptly return specified identification documents to the 5 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. For purposes of this subdivision, "identification document" shall 13 mean any of the following: (A) exclusively in the name of the protected 14 party: birth certificate, passport, social security card, health insur- 15 ance or other benefits card, a card or document used to access bank, 16 credit or other financial accounts or records, tax returns, any driver's 17 license, and immigration documents including but not limited to a United 18 States permanent resident card and employment authorization document; 19 and (B) upon motion and after notice and an opportunity to be heard, any 20 of the following, including those that may reflect joint use or owner- 21 ship, that the court determines are necessary and are appropriately 22 transferred to the protected party: any card or document used to access 23 bank, credit or other financial accounts or records, tax returns, and 24 any other identifying cards and documents; [and] 25 (j) 1. to refrain from remotely controlling any connected devices 26 affecting the home, vehicle or property of the person protected by the 27 order. 28 2. For purposes of this subdivision, "connected device" shall mean any 29 device, or other physical object that is capable of connecting to the 30 internet, directly or indirectly, and that is assigned an internet 31 protocol address or bluetooth address; and 32 (k) to observe such other conditions as are necessary to further the 33 purposes of protection. 34 § 3. Subdivisions (j) and (k) of section 551 of the family court act, 35 as amended by chapter 526 of the laws of 2013, are amended to read as 36 follows: 37 (j) 1. to promptly return specified identification documents to the 38 protected party, in whose favor the order of protection or temporary 39 order of protection is issued; provided, however, that such order may: 40 (A) include any appropriate provision designed to ensure that any such 41 document is available for use as evidence in this proceeding, and avail- 42 able if necessary for legitimate use by the party against whom such 43 order is issued; and (B) specify the manner in which such return shall 44 be accomplished. 45 2. For purposes of this subdivision, "identification document" shall 46 mean any of the following: (A) exclusively in the name of the protected 47 party: birth certificate, passport, social security card, health insur- 48 ance or other benefits card, a card or document used to access bank, 49 credit or other financial accounts or records, tax returns, any driver's 50 license, and immigration documents including but not limited to a United 51 States permanent resident card and employment authorization document; 52 and (B) upon motion and after notice and an opportunity to be heard, any 53 of the following, including those that may reflect joint use or owner- 54 ship, that the court determines are necessary and are appropriately 55 transferred to the protected party: any card or document used to accessS. 7926 3 1 bank, credit or other financial accounts or records, tax returns, and 2 any other identifying cards and documents; [and] 3 (k) 1. to refrain from remotely controlling any connected devices 4 affecting the home, vehicle or property of the person protected by the 5 order. 6 2. For purposes of this subdivision, "connected device" shall mean any 7 device, or other physical object that is capable of connecting to the 8 internet, directly or indirectly, and that is assigned an internet 9 protocol address or bluetooth address; and 10 (l) to observe such other conditions as are necessary to further the 11 purposes of protection. 12 § 4. Subdivisions (j) and (k) of section 656 of the family court act, 13 as amended by chapter 526 of the laws of 2013, are amended to read as 14 follows: 15 (j) 1. to promptly return specified identification documents to the 16 protected party, in whose favor the order of protection or temporary 17 order of protection is issued; provided, however, that such order may: 18 (A) include any appropriate provision designed to ensure that any such 19 document is available for use as evidence in this proceeding, and avail- 20 able if necessary for legitimate use by the party against whom such 21 order is issued; and (B) specify the manner in which such return shall 22 be accomplished. 23 2. For purposes of this subdivision, "identification document" shall 24 mean any of the following: (A) exclusively in the name of the protected 25 party: birth certificate, passport, social security card, health insur- 26 ance or other benefits card, a card or document used to access bank, 27 credit or other financial accounts or records, tax returns, any driver's 28 license, and immigration documents including but not limited to a United 29 States permanent resident card and employment authorization document; 30 and (B) upon motion and after notice and an opportunity to be heard, any 31 of the following, including those that may reflect joint use or owner- 32 ship, that the court determines are necessary and are appropriately 33 transferred to the protected party: any card or document used to access 34 bank, credit or other financial accounts or records, tax returns, and 35 any other identifying cards and documents; [and] 36 (k) 1. to refrain from remotely controlling any connected devices 37 affecting the home, vehicle or property of the person protected by the 38 order. 39 2. For purposes of this subdivision, "connected device" shall mean any 40 device, or other physical object that is capable of connecting to the 41 internet, directly or indirectly, and that is assigned an internet 42 protocol address or bluetooth address; and 43 (l) to observe such other conditions as are necessary to further the 44 purposes of protection. 45 § 5. Subdivisions (g), (h) and (i) of section 759 of the family court 46 act, subdivision (g) as amended by chapter 948 of the laws of 1984, 47 subdivision (h) as added by chapter 253 of the laws of 2006, paragraph 1 48 of subdivision (h) as amended by chapter 532 of the laws of 2008, and 49 subdivision (i) as added by chapter 483 of the laws of 1995 and as 50 relettered by chapter 253 of the laws of 2006, are amended to read as 51 follows: 52 (g) to provide, either directly or by means of medical and health 53 insurance, for expenses incurred for medical care and treatment arising 54 from the incident or incidents forming the basis for the issuance of the 55 order[.];S. 7926 4 1 (h) 1. to refrain from intentionally injuring or killing, without 2 justification, any companion animal the respondent knows to be owned, 3 possessed, leased, kept or held by the person protected by the order or 4 a minor child residing in such person's household. 5 2. "Companion animal", as used in this section, shall have the same 6 meaning as in subdivision five of section three hundred fifty of the 7 agriculture and markets law[.]; 8 (i) 1. to refrain from remotely controlling any connected devices 9 affecting the home, vehicle or property of the person protected by the 10 order. 11 2. For purposes of this subdivision, "connected device" shall mean any 12 device, or other physical object that is capable of connecting to the 13 internet, directly or indirectly, and that is assigned an internet 14 protocol address or bluetooth address; and 15 (j) to observe such other conditions as are necessary to further the 16 purposes of protection. 17 § 6. Subdivisions (j) and (k) of section 842 of the family court act, 18 as amended by chapter 335 of the laws of 2019, are amended to read as 19 follows: 20 (j) 1. to promptly return specified identification documents to the 21 protected party, in whose favor the order of protection or temporary 22 order of protection is issued; provided, however, that such order may: 23 (A) include any appropriate provision designed to ensure that any such 24 document is available for use as evidence in this proceeding, and avail- 25 able if necessary for legitimate use by the party against whom such 26 order is issued; and (B) specify the manner in which such return shall 27 be accomplished. 28 2. For purposes of this subdivision, "identification document" shall 29 mean any of the following: (A) exclusively in the name of the protected 30 party: birth certificate, passport, social security card, health insur- 31 ance or other benefits card, a card or document used to access bank, 32 credit or other financial accounts or records, tax returns, any driver's 33 license, and immigration documents including but not limited to a United 34 States permanent resident card and employment authorization document; 35 and (B) upon motion and after notice and an opportunity to be heard, any 36 of the following, including those that may reflect joint use or owner- 37 ship, that the court determines are necessary and are appropriately 38 transferred to the protected party: any card or document used to access 39 bank, credit or other financial accounts or records, tax returns, and 40 any other identifying cards and documents; [and] 41 (k) 1. to refrain from remotely controlling any connected devices 42 affecting the home, vehicle or property of the person protected by the 43 order. 44 2. For purposes of this subdivision, "connected device" shall mean any 45 device, or other physical object that is capable of connecting to the 46 internet, directly or indirectly, and that is assigned an internet 47 protocol address or bluetooth address; and 48 (l) to observe such other conditions as are necessary to further the 49 purposes of protection. 50 § 7. Paragraphs (h) and (i) of subdivision 1 of section 1056 of the 51 family court act, as amended by chapter 526 of the laws of 2013, are 52 amended to read as follows: 53 (h) 1. to promptly return specified identification documents to the 54 protected party, in whose favor the order of protection or temporary 55 order of protection is issued; provided, however, that such order may: 56 (A) include any appropriate provision designed to ensure that any suchS. 7926 5 1 document is available for use as evidence in this proceeding, and avail- 2 able if necessary for legitimate use by the party against whom such 3 order is issued; and (B) specify the manner in which such return shall 4 be accomplished. 5 2. For purposes of this paragraph, "identification document" shall 6 mean any of the following: (A) exclusively in the name of the protected 7 party: birth certificate, passport, social security card, health insur- 8 ance or other benefits card, a card or document used to access bank, 9 credit or other financial accounts or records, tax returns, any driver's 10 license, and immigration documents including but not limited to a United 11 States permanent resident card and employment authorization document; 12 and (B) upon motion and after notice and an opportunity to be heard, any 13 of the following, including those that may reflect joint use or owner- 14 ship, that the court determines are necessary and are appropriately 15 transferred to the protected party: any card or document used to access 16 bank, credit or other financial accounts or records, tax returns, and 17 any other identifying cards and documents; [and] 18 (i) 1. to refrain from remotely controlling any connected devices 19 affecting the home, vehicle or property of the person protected by the 20 order. 21 2. For purposes of this paragraph, "connected device" shall mean any 22 device, or other physical object that is capable of connecting to the 23 internet, directly or indirectly, and that is assigned an internet 24 protocol address or bluetooth address; and 25 (j) to observe such other conditions as are necessary to further the 26 purposes of protection. 27 § 8. Subparagraph 7 of paragraph (a) of subdivision 1 of section 28 530.12 of the criminal procedure law, as amended by chapter 526 of the 29 laws of 2013, is amended and a new subparagraph 8 is added to read as 30 follows: 31 (7) (A) to promptly return specified identification documents to the 32 protected party, in whose favor the order of protection or temporary 33 order of protection is issued; provided, however, that such order may: 34 (i) include any appropriate provision designed to ensure that any such 35 document is available for use as evidence in this proceeding, and avail- 36 able if necessary for legitimate use by the party against whom such 37 order is issued; and (ii) specify the manner in which such return shall 38 be accomplished. 39 (B) For purposes of this subparagraph, "identification document" shall 40 mean any of the following: (i) exclusively in the name of the protected 41 party: birth certificate, passport, social security card, health insur- 42 ance or other benefits card, a card or document used to access bank, 43 credit or other financial accounts or records, tax returns, any driver's 44 license, and immigration documents including but not limited to a United 45 States permanent resident card and employment authorization document; 46 and (ii) upon motion and after notice and an opportunity to be heard, 47 any of the following, including those that may reflect joint use or 48 ownership, that the court determines are necessary and are appropriately 49 transferred to the protected party: any card or document used to access 50 bank, credit or other financial accounts or records, tax returns, and 51 any other identifying cards and documents[.]; 52 (8) (A) to refrain from remotely controlling any connected devices 53 affecting the home, vehicle or property of the person protected by the 54 order. 55 (B) For purposes of this subparagraph, "connected device" shall mean 56 any device, or other physical object that is capable of connecting toS. 7926 6 1 the internet, directly or indirectly, and that is assigned an internet 2 protocol address or bluetooth address. 3 § 8-a. Paragraphs (c) and (e) of subdivision 5 of section 530.12 of 4 the criminal procedure law, paragraph (c) as amended and paragraph (e) 5 as added by chapter 483 of the laws of 1995, are amended and a new para- 6 graph (f) is added to read as follows: 7 (c) to refrain from committing a family offense, as defined in subdi- 8 vision one of section 530.11 of this article, or any criminal offense 9 against the child or against the family or household member or against 10 any person to whom custody of the child is awarded, or from harassing, 11 intimidating or threatening such persons; [or] 12 (e) to permit a designated party to enter the residence during a spec- 13 ified period of time in order to remove personal belongings not in issue 14 in this proceeding or in any other proceeding or action under this chap- 15 ter, the family court act or the domestic relations law[.]; or 16 (f) (i) to refrain from remotely controlling any connected devices 17 affecting the home, vehicle or property of the person protected by the 18 order. 19 (ii) For purposes of this paragraph, "connected device" shall mean any 20 device, or other physical object that is capable of connecting to the 21 internet, directly or indirectly, and that is assigned an internet 22 protocol address or bluetooth address. 23 § 9. Paragraph (c) of subdivision 1 of section 530.13 of the criminal 24 procedure law, as added by chapter 253 of the laws of 2006, is amended 25 and a new paragraph (d) is added to read as follows: 26 (c) 1. to refrain from intentionally injuring or killing, without 27 justification, any companion animal the defendant knows to be owned, 28 possessed, leased, kept or held by such victim or victims or a minor 29 child residing in such victim's or victims' household. 30 2. "Companion animal", as used in this section, shall have the same 31 meaning as in subdivision five of section three hundred fifty of the 32 agriculture and markets law[.]; 33 (d) 1. to refrain from remotely controlling any connected devices 34 affecting the home, vehicle or property of the person protected by the 35 order. 36 2. For purposes of this paragraph, "connected device" shall mean any 37 device, or other physical object that is capable of connecting to the 38 internet, directly or indirectly, and that is assigned an internet 39 protocol address or bluetooth address. 40 § 9-a. Paragraph (c) of subdivision 4 of section 530.13 of the crimi- 41 nal procedure law, as added by chapter 253 of the laws of 2006, is 42 amended and a new paragraph (d) is added to read as follows: 43 (c) 1. to refrain from intentionally injuring or killing, without 44 justification, any companion animal the defendant knows to be owned, 45 possessed, leased, kept or held by such victim or victims or a minor 46 child residing in such victim's or victims' household. 47 2. "Companion animal", as used in this section, shall have the same 48 meaning as in subdivision five of section three hundred fifty of the 49 agriculture and markets law[.]; 50 (d) 1. to refrain from remotely controlling any connected devices 51 affecting the home, vehicle or property of the person protected by the 52 order. 53 2. For purposes of this paragraph, "connected device" shall mean any 54 device, or other physical object that is capable of connecting to the 55 internet, directly or indirectly, and that is assigned an internet 56 protocol address or bluetooth address.S. 7926 7 1 § 10. Subparagraphs 8 and 9 of paragraph a of subdivision 3 of section 2 240 of the domestic relations law, as amended by chapter 526 of the laws 3 of 2013, are amended to read as follows: 4 (8) (i) to promptly return specified identification documents to the 5 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 (ii) For purposes of this subparagraph, "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 (9) (i) to refrain from remotely controlling any connected devices 26 affecting the home, vehicle or property of the person protected by the 27 order. 28 (ii) For purposes of this subparagraph, "connected device" shall mean 29 any device, or other physical object that is capable of connecting to 30 the internet, directly or indirectly, and that is assigned an internet 31 protocol address or bluetooth address; and 32 (10) to observe such other conditions as are necessary to further the 33 purposes of protection. 34 § 11. Paragraphs (h) and (i) of subdivision 1 of section 252 of the 35 domestic relations law, as amended by chapter 526 of the laws of 2013, 36 are amended to read as follows: 37 (h) (1) to promptly return specified identification documents to the 38 protected party, in whose favor the order of protection or temporary 39 order of protection is issued; provided, however, that such order may: 40 (A) include any appropriate provision designed to ensure that any such 41 document is available for use as evidence in this proceeding, and avail- 42 able if necessary for legitimate use by the party against whom such 43 order is issued; and (B) specify the manner in which such return shall 44 be accomplished. 45 (2) For purposes of this paragraph, "identification document" shall 46 mean any of the following: (A) exclusively in the name of the protected 47 party: birth certificate, passport, social security card, health insur- 48 ance or other benefits card, a card or document used to access bank, 49 credit or other financial accounts or records, tax returns, any driver's 50 license, and immigration documents including but not limited to a United 51 States permanent resident card and employment authorization document; 52 and (B) upon motion and after notice and an opportunity to be heard, any 53 of the following, including those that may reflect joint use or owner- 54 ship, that the court determines are necessary and are appropriately 55 transferred to the protected party: any card or document used to accessS. 7926 8 1 bank, credit or other financial accounts or records, tax returns, and 2 any other identifying cards and documents; [and] 3 (i) (1) to refrain from remotely controlling any connected devices 4 affecting the home, vehicle or property of the person protected by the 5 order. 6 (2) For purposes of this paragraph, "connected device" shall mean any 7 device, or other physical object that is capable of connecting to the 8 internet, directly or indirectly, and that is assigned an internet 9 protocol address or bluetooth address; and 10 (j) to observe such other conditions as are necessary to further the 11 purposes of protection. 12 § 12. This act shall take effect immediately.
