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.
LBD15199-01-0
S. 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 access
S. 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 such
S. 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 to
S. 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 access
S. 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.