STATE OF NEW YORK ________________________________________________________________________ 530 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. GUNTHER, ZEBROWSKI, JAFFEE, ABBATE, RIVERA, HOOP- ER, COLTON, ROSENTHAL, GALEF, OTIS, SCHIMMINGER, SALADINO -- Multi- Sponsored by -- M. of A. CROUCH, MAGEE, McDONOUGH -- read once and referred to the Committee on Codes 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04309-01-7
A. 530 2 1 notification to the petitioner is required if the petitioner has regis- 2 tered a telephone number with the state victim notification system. The 3 petitioner shall be informed of his or her option to receive notifica- 4 tion of service of an ex parte order of protection or summons on the 5 respondent by the court clerk and shall be provided information on how 6 to receive notification of service of ex parte orders of protection or 7 summons to court. The local law enforcement agency or any other govern- 8 ment agency responsible for serving ex parte orders of protection or 9 summons to court shall record the service of orders of protection on the 10 computerized registry established pursuant to section two hundred twen- 11 ty-one-a of the executive law at the time when service occurs. The 12 provisions of this subdivision shall only apply to those court clerks 13 able to access a statewide victim notification system. 14 § 3. Section 446 of the family court act, as amended by chapter 526 of 15 the laws of 2013, and the closing paragraph as added by chapter 480 of 16 the laws of 2013, is amended to read as follows: 17 § 446. Order of protection. 1. The court may make an order of 18 protection in assistance or as a condition of any other order made under 19 this part. The order of protection may set forth reasonable conditions 20 of behavior to be observed for a specified time by the petitioner or 21 respondent or both. No order of protection may direct any party to 22 observe conditions of behavior unless the party requesting the order of 23 protection has served and filed a petition or counter-claim in accord- 24 ance with section one hundred fifty-four-b of this act. Such an order 25 may require the petitioner or the respondent: 26 (a) to stay away from the home, school, business or place of employ- 27 ment of any other party, the other spouse, the other parent or the 28 child, and to stay away from any other specific location designated by 29 the court; 30 (b) to permit a parent, or a person entitled to visitation by a court 31 order or a separation agreement, to visit the child at stated periods; 32 (c) to refrain from committing a family offense, as defined in subdi- 33 vision one of section eight hundred twelve of this act, or any criminal 34 offense against the child or against the other parent or against any 35 person to whom custody of the child is awarded, or from harassing, 36 intimidating or threatening such persons; 37 (d) to permit a designated party to enter the residence during a spec- 38 ified period of time in order to remove personal belongings not in issue 39 in this proceeding or in any other proceeding or action under this act 40 or the domestic relations law; 41 (e) to refrain from acts of commission or omission that create an 42 unreasonable risk to the health, safety or welfare of a child; 43 (f) to participate in an educational program and to pay the costs 44 thereof if the person has the means to do so, provided however that 45 nothing contained herein shall be deemed to require payment of the costs 46 of any such program by the state or any political subdivision thereof; 47 (g) to provide, either directly or by means of medical and health 48 insurance, for expenses incurred for medical care and treatment arising 49 from the incident or incidents forming the basis for the issuance of the 50 order; 51 (h) [1.] (1) to refrain from intentionally injuring or killing, with- 52 out justification, any companion animal the respondent knows to be 53 owned, possessed, leased, kept or held by the person protected by the 54 order or a minor child residing in such person's household.
A. 530 3 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 (i) [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 (j) 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 addition to the foregoing provisions, the court may issue an 41 order, pursuant to section two hundred twenty-seven-c of the real prop- 42 erty law, authorizing the party for whose benefit any order of 43 protection has been issued to terminate a lease or rental agreement 44 pursuant to section two hundred twenty-seven-c of the real property law. 45 5. In any proceeding pursuant to this article, a court shall not deny 46 an order of protection, or dismiss an application for such an order, 47 solely on the basis that the acts or events alleged are not relatively 48 contemporaneous with the date of the application or the conclusion of 49 the action. The duration of any temporary order shall not by itself be a 50 factor in determining the length or issuance of any final order. 51 6. The protected party in whose favor the order of protection or 52 temporary order of protection is issued may not be held to violate an 53 order issued in his or her favor nor may such protected party be 54 arrested for violating such order. 55 7. The clerk of the court shall be responsible for providing informa- 56 tion to individuals petitioning for ex parte orders of protection
A. 530 4 1 regarding notification of service of an order of protection. Such 2 notification to the petitioner is required if the petitioner has regis- 3 tered a telephone number with the state victim notification system. The 4 petitioner shall be informed of his or her option to receive notifica- 5 tion of service of an ex parte order of protection or summons on the 6 respondent by the court clerk and shall be provided information on how 7 to receive notification of service of ex parte orders of protection or 8 summons to court. The local law enforcement agency or any other govern- 9 ment agency responsible for serving ex parte orders of protection or 10 summons to court shall record the service of orders of protection on the 11 computerized registry established pursuant to section two hundred twen- 12 ty-one-a of the executive law at the time when service occurs. The 13 provisions of this subdivision shall only apply to those court clerks 14 able to access a statewide victim notification system. 15 § 4. Section 551 of the family court act, as amended by chapter 526 of 16 the laws of 2013, and the closing paragraph as added by chapter 480 of 17 the laws of 2013, is amended to read as follows: 18 § 551. Order of protection. 1. The court may make an order of 19 protection in assistance or as a condition of any other order made under 20 this article. The order of protection may set forth reasonable condi- 21 tions of behavior to be observed for a specified time by the petitioner 22 or respondent or both. No order of protection may direct any party to 23 observe conditions of behavior unless the party requesting the order of 24 protection has served and filed a petition or counter-claim in accord- 25 ance with section one hundred fifty-four-b of this act. Such an order 26 may require the petitioner or the respondent: 27 (a) to stay away from the home, school, business or place of employ- 28 ment of any other party, the other parent, or the child, and to stay 29 away from any other specific location designated by the court; 30 (b) to permit a parent, or a person entitled to visitation by a court 31 order or a separation agreement to visit the child at stated periods; 32 (c) to refrain from committing a family offense, as defined in subdi- 33 vision one of section eight hundred twelve of this act, or any criminal 34 offense against the child or against the other parent or against any 35 person to whom custody of the child is awarded, or from harassing, 36 intimidating or threatening such persons; 37 (d) to permit a designated party to enter the residence during a spec- 38 ified period of time in order to remove personal belongings not in issue 39 in this proceeding or in any other proceeding or action under this act 40 or the domestic relations law; 41 (e) to refrain from acts of commission or omission that create an 42 unreasonable risk to the health, safety or welfare of a child; 43 (f) to participate in an educational program and to pay the costs 44 thereof if the person has the means to do so, provided, however, that 45 nothing contained herein shall be deemed to require payment of the costs 46 of any such program by the state or any political subdivision thereof; 47 (g) to provide, either directly or by means of medical and health 48 insurance, for expenses incurred for medical care and treatment arising 49 from the incident or incidents forming the basis for the issuance of the 50 order; 51 (h) to pay the reasonable counsel fees and disbursements involved in 52 obtaining or enforcing the order of the person who is protected by such 53 order if such order is issued or enforced, whether or not an order of 54 filiation is made; 55 (i) [1.] (1) to refrain from intentionally injuring or killing, with- 56 out justification, any companion animal the respondent knows to be
A. 530 5 1 owned, possessed, leased, kept or held by the person protected by the 2 order or a minor child residing in such person's household. 3 [2.] (2) "Companion animal", as used in this section, shall have the 4 same meaning as in subdivision five of section three hundred fifty of 5 the agriculture and markets law; 6 (j) [1.] (1) to promptly return specified identification documents to 7 the protected party, in whose favor the order of protection or temporary 8 order of protection is issued; provided, however, that such order may: 9 (A) include any appropriate provision designed to ensure that any such 10 document is available for use as evidence in this proceeding, and avail- 11 able if necessary for legitimate use by the party against whom such 12 order is issued; and (B) specify the manner in which such return shall 13 be accomplished. 14 [2.] (2) For purposes of this subdivision, "identification document" 15 shall mean any of the following: (A) exclusively in the name of the 16 protected party: birth certificate, passport, social security card, 17 health insurance or other benefits card, a card or document used to 18 access bank, credit or other financial accounts or records, tax returns, 19 any driver's license, and immigration documents including but not limit- 20 ed to a United States permanent resident card and employment authori- 21 zation document; and (B) upon motion and after notice and an opportunity 22 to be heard, any of the following, including those that may reflect 23 joint use or ownership, that the court determines are necessary and are 24 appropriately transferred to the protected party: any card or document 25 used to access bank, credit or other financial accounts or records, tax 26 returns, and any other identifying cards and documents; and 27 (k) to observe such other conditions as are necessary to further the 28 purposes of protection. 29 2. The court may also award custody of the child, during the term of 30 the order of protection to either parent, or to an appropriate relative 31 within the second degree. Nothing in this section gives the court power 32 to place or board out any child or to commit a child to an institution 33 or agency. In making orders of protection, the court shall so act as to 34 insure that in the care, protection, discipline and guardianship of the 35 child his religious faith shall be preserved and protected. 36 3. Notwithstanding the foregoing provisions, an order of protection, 37 or temporary order of protection where applicable, may be entered 38 against a former spouse and persons who have a child in common, regard- 39 less of whether such persons have been married or have lived together at 40 any time, or against a member of the same family or household as defined 41 in subdivision one of section eight hundred twelve of this act. 42 4. 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 5. 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 6. 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. The
A. 530 6 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 § 5. Section 656 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 § 656. Order of protection. 1. The court may make an order of 16 protection and an order of probation in assistance or as a condition of 17 any other order made under this part. The order of protection may set 18 forth reasonable conditions of behavior to be observed for a specific 19 time by any petitioner or any respondent, and shall specify if an order 20 of probation is in effect. No order of protection may direct any party 21 to observe conditions of behavior unless the party requesting the order 22 of protection has served and filed a petition or counter-claim in 23 accordance with section one hundred fifty-four-b of this act. Such an 24 order 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 or parent, or the child, and 27 to stay away from any other specific location designated by the court; 28 (b) to permit a parent, or a person entitled to visitation by a court 29 order or a separation agreement, to visit the child at stated periods; 30 (c) to refrain from committing a family offense, as defined in subdi- 31 vision one of section eight hundred twelve of this act, or any criminal 32 offense against the child or against the other parent or against any 33 person to whom custody of the child is awarded, or from harassing, 34 intimidating or threatening such persons; 35 (d) to permit a designated party to enter the residence during a spec- 36 ified period of time in order to remove personal belongings not in issue 37 in this proceeding or in any other proceeding or action under this act 38 or the domestic relations law; 39 (e) to refrain from acts of commission or omission that create an 40 unreasonable risk to the health, safety or welfare of a child; 41 (f) to participate in an educational program and to pay the costs 42 thereof if the person has the means to do so, provided however that 43 nothing contained herein shall be deemed to require payment of the costs 44 of any such program by the state or any political subdivision thereof; 45 (g) to provide, either directly or by means of medical and health 46 insurance, for expenses incurred for medical care and treatment arising 47 from the incident or incidents forming the basis for the issuance of the 48 order; 49 (h) to pay the reasonable counsel fees and disbursements involved in 50 obtaining or enforcing the order of the person who is protected by such 51 order if such order is issued or enforced; 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 petitioner or a minor 55 child residing in the household.
A. 530 7 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 shall not require anyone seeking an order of protection 28 under this section to first request that child protective services 29 investigate the allegations or to first request permission to file a 30 petition under article ten of this act. 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. The
A. 530 8 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 § 6. Section 842 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 § 842. Order of protection. 1. An order of protection under section 16 eight hundred forty-one of this part shall set forth reasonable condi- 17 tions of behavior to be observed for a period not in excess of two years 18 by the petitioner or respondent or for a period not in excess of five 19 years upon (i) a finding by the court on the record of the existence of 20 aggravating circumstances as defined in paragraph (vii) of subdivision 21 (a) of section eight hundred twenty-seven of this article; or (ii) a 22 finding by the court on the record that the conduct alleged in the peti- 23 tion is in violation of a valid order of protection. Any finding of 24 aggravating circumstances pursuant to this section shall be stated on 25 the record and upon the order of protection. The court may also, upon 26 motion, extend the order of protection for a reasonable period of time 27 upon a showing of good cause or consent of the parties. The fact that 28 abuse has not occurred during the pendency of an order shall not, in 29 itself, constitute sufficient ground for denying or failing to extend 30 the order. The court must articulate a basis for its decision on the 31 record. The duration of any temporary order shall not by itself be a 32 factor in determining the length or issuance of any final order. Any 33 order of protection issued pursuant to this section shall specify if an 34 order of probation is in effect. Any order of protection issued pursuant 35 to this section may require the petitioner or the respondent: 36 (a) to stay away from the home, school, business or place of employ- 37 ment of any other party, the other spouse, the other parent, or the 38 child, and to stay away from any other specific location designated by 39 the court, provided that the court shall make a determination, and shall 40 state such determination in a written decision or on the record, whether 41 to impose a condition pursuant to this subdivision, provided further, 42 however, that failure to make such a determination shall not affect the 43 validity of such order of protection. In making such determination, the 44 court shall consider, but shall not be limited to consideration of, 45 whether the order of protection is likely to achieve its purpose in the 46 absence of such a condition, conduct subject to prior orders of 47 protection, prior incidents of abuse, extent of past or present injury, 48 threats, drug or alcohol abuse, and access to weapons; 49 (b) to permit a parent, or a person entitled to visitation by a court 50 order or a separation agreement, to visit the child at stated periods; 51 (c) to refrain from committing a family offense, as defined in subdi- 52 vision one of section eight hundred twelve of this [act] article, or any 53 criminal offense against the child or against the other parent or 54 against any person to whom custody of the child is awarded, or from 55 harassing, intimidating or threatening such persons;
A. 530 9 1 (d) to permit a designated party to enter the residence during a spec- 2 ified period of time in order to remove personal belongings not in issue 3 in this proceeding or in any other proceeding or action under this act 4 or the domestic relations law; 5 (e) to refrain from acts of commission or omission that create an 6 unreasonable risk to the health, safety or welfare of a child; 7 (f) to pay the reasonable counsel fees and disbursements involved in 8 obtaining or enforcing the order of the person who is protected by such 9 order if such order is issued or enforced; 10 (g) to require the respondent to participate in a batterer's education 11 program designed to help end violent behavior, which may include refer- 12 ral to drug and alcohol counselling, and to pay the costs thereof if the 13 person has the means to do so, provided however that nothing contained 14 herein shall be deemed to require payment of the costs of any such 15 program by the petitioner, the state or any political subdivision there- 16 of; 17 (h) to provide, either directly or by means of medical and health 18 insurance, for expenses incurred for medical care and treatment arising 19 from the incident or incidents forming the basis for the issuance of the 20 order; 21 (i) [1.] (1) to refrain from intentionally injuring or killing, with- 22 out justification, any companion animal the respondent knows to be 23 owned, possessed, leased, kept or held by the petitioner or a minor 24 child residing in the household. 25 [2.] (2) "Companion animal", as used in this section, shall have the 26 same meaning as in subdivision five of section three hundred fifty of 27 the agriculture and markets law; 28 (j) [1.] (1) to promptly return specified identification documents to 29 the protected party, in whose favor the order of protection or temporary 30 order of protection is issued; provided, however, that such order may: 31 (A) include any appropriate provision designed to ensure that any such 32 document is available for use as evidence in this proceeding, and avail- 33 able if necessary for legitimate use by the party against whom such 34 order is issued; and (B) specify the manner in which such return shall 35 be accomplished. 36 [2.] (2) For purposes of this subdivision, "identification document" 37 shall mean any of the following: (A) exclusively in the name of the 38 protected party: birth certificate, passport, social security card, 39 health insurance or other benefits card, a card or document used to 40 access bank, credit or other financial accounts or records, tax returns, 41 any driver's license, and immigration documents including but not limit- 42 ed to a United States permanent resident card and employment authori- 43 zation document; and (B) upon motion and after notice and an opportunity 44 to be heard, any of the following, including those that may reflect 45 joint use or ownership, that the court determines are necessary and are 46 appropriately transferred to the protected party: any card or document 47 used to access bank, credit or other financial accounts or records, tax 48 returns, and any other identifying cards and documents; and 49 (k) to observe such other conditions as are necessary to further the 50 purposes of protection. 51 2. The court may also award custody of the child, during the term of 52 the order of protection to either parent, or to an appropriate relative 53 within the second degree. Nothing in this section gives the court power 54 to place or board out any child or to commit a child to an institution 55 or agency.
A. 530 10 1 3. Notwithstanding the provisions of section eight hundred seventeen 2 of this article, where a temporary order of child support has not 3 already been issued, the court may in addition to the issuance of an 4 order of protection pursuant to this section, issue an order for tempo- 5 rary child support in an amount sufficient to meet the needs of the 6 child, without a showing of immediate or emergency need. The court shall 7 make an order for temporary child support notwithstanding that informa- 8 tion with respect to income and assets of the respondent may be unavail- 9 able. Where such information is available, the court may make an award 10 for temporary child support pursuant to the formula set forth in subdi- 11 vision one of section four hundred thirteen of this act. Temporary 12 orders of support issued pursuant to this article shall be deemed to 13 have been issued pursuant to section four hundred thirteen of this act. 14 4. Upon making an order for temporary child support pursuant to this 15 subdivision, the court shall advise the petitioner of the availability 16 of child support enforcement services by the support collection unit of 17 the local department of social services, to enforce the temporary order 18 and to assist in securing continued child support, and shall set the 19 support matter down for further proceedings in accordance with article 20 four of this act. 21 5. Where the court determines that the respondent has employer-provid- 22 ed medical insurance, the court may further direct, as part of an order 23 of temporary support under this subdivision, that a medical support 24 execution be issued and served upon the respondent's employer as 25 provided for in section fifty-two hundred forty-one of the civil prac- 26 tice law and rules. 27 6. In any proceeding in which an order of protection or temporary 28 order of protection or a warrant has been issued under this section, the 29 clerk of the court shall issue to the petitioner and respondent and his 30 counsel and to any other person affected by the order a copy of the 31 order of protection or temporary order of protection and ensure that a 32 copy of the order of protection or temporary order of protection be 33 transmitted to the local correctional facility where the individual is 34 or will be detained, the state or local correctional facility where the 35 individual is or will be imprisoned, and the supervising probation 36 department or the department of corrections and community supervision 37 where the individual is under probation or parole supervision. 38 7. Notwithstanding the foregoing provisions, an order of protection, 39 or temporary order of protection where applicable, may be entered 40 against a former spouse and persons who have a child in common, regard- 41 less of whether such persons have been married or have lived together at 42 any time, or against a member of the same family or household as defined 43 in subdivision one of section eight hundred twelve of this article. 44 8. In addition to the foregoing provisions, the court may issue an 45 order, pursuant to section two hundred twenty-seven-c of the real prop- 46 erty law, authorizing the party for whose benefit any order of 47 protection has been issued to terminate a lease or rental agreement 48 pursuant to section two hundred twenty-seven-c of the real property law. 49 9. The protected party in whose favor the order of protection or 50 temporary order of protection is issued may not be held to violate an 51 order issued in his or her favor nor may such protected party be 52 arrested for violating such order. 53 10. The clerk of the court shall be responsible for providing infor- 54 mation to individuals petitioning for ex parte orders of protection 55 regarding notification of service of an order of protection. Such 56 notification to the petitioner is required if the petitioner has regis-
A. 530 11 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 § 7. This act shall take effect immediately.