STATE OF NEW YORK
________________________________________________________________________
4784
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
___________
Introduced by Sens. PARKER, HOYLMAN, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
AN ACT to amend the executive law, in relation to establishing the
"protection of victims of domestic violence act"
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 article 22-A
2 to read as follows:
3 ARTICLE 22-A
4 PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE
5 Section 636. Short title.
6 637. Conditions for releasing defendants to protective condi-
7 tions.
8 § 636. Short title. This article shall be known and may be cited as
9 the "protection of victims of domestic violence act".
10 § 637. Conditions for releasing defendants to protective conditions.
11 1. A judge may release under this section a defendant subject to condi-
12 tions reasonably necessary for the protection of one or more named
13 persons. If a judge releases under this section a defendant subject to
14 protective conditions, the judge shall make a finding of the need for
15 protective conditions and inform the defendant on the record, either
16 orally or by a writing that is personally delivered to the defendant, of
17 the specific conditions imposed and that if the defendant violates a
18 condition of release, he or she will be subject to arrest without a
19 warrant and may have his or her bail forfeited or revoked and new condi-
20 tions of release imposed, in addition to any other penalties that may be
21 imposed if the defendant is found in contempt of court.
22 2. An order or amended order issued under subdivision one of this
23 section shall contain all of the following:
24 (a) A statement of the defendant's full name.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04700-01-9
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1 (b) A statement of the defendant's height, weight, race, sex, date of
2 birth, hair color, eye color, and any other identifying information the
3 judge considers appropriate.
4 (c) A statement of the date the conditions become effective.
5 (d) A statement of the date on which the order will expire.
6 (e) A statement of the conditions imposed.
7 3. An order or amended order issued under this subdivision and subdi-
8 vision one of this section may impose a condition that the defendant not
9 purchase or possess a firearm. However, if the court orders the defend-
10 ant to carry or wear a global positioning system device as a condition
11 of release as described in subdivision six of this section, the court
12 shall also impose a condition that the defendant not purchase or possess
13 a firearm.
14 4. The judge shall immediately direct a law enforcement agency within
15 the jurisdiction of the court, in writing, to enter an order or amended
16 order issued under subdivision one of this section or subdivisions one
17 and three of this section into the computer system to carry information
18 of orders of protection and warrants of arrest as provided by section
19 two hundred twenty-one-a of this chapter. If the order or amended order
20 is rescinded, the judge shall immediately order the law enforcement
21 agency to remove the order or amended order from the computer system to
22 carry information of orders of protection and warrants of arrest.
23 5. A law enforcement agency within the jurisdiction of the court shall
24 immediately enter an order or amended order into the computer system to
25 carry information of orders of protection and warrants of arrest as
26 provided by section two hundred twenty-one-a of this chapter, or shall
27 remove the order or amended order from the computer system to carry
28 information of orders of protection and warrants of arrest upon expira-
29 tion of the order or as directed by the court under subdivision four of
30 this section.
31 6. If a defendant who is charged with a crime involving domestic
32 violence is released under this section, the judge may order the defend-
33 ant to carry or wear a global positioning system device as a condition
34 of release. With the informed consent of the victim, the court may also
35 order the defendant to provide the victim of the charged crime with an
36 electronic receptor device capable of receiving the global positioning
37 system information from the device carried or worn by the defendant that
38 notifies the victim if the defendant is located within a proximity to
39 the victim as determined by the judge in consultation with the victim.
40 The victim shall also be furnished with a telephone contact with the
41 local law enforcement agency to request immediate assistance if the
42 defendant is located within that proximity to the victim. In addition,
43 the victim may provide the court with a list of areas from which he or
44 she would like the defendant excluded. The court shall consider the
45 victim's request and shall determine which areas the defendant shall be
46 prohibited from accessing. The court shall instruct the global position-
47 ing system to notify the proper authorities if the defendant violates
48 the order. In determining whether to order a defendant to participate in
49 global positioning system monitoring, the court shall consider the like-
50 lihood that the defendant's participation in global positioning system
51 monitoring will deter the defendant from seeking to kill, physically
52 injure, stalk, or otherwise threaten the victim prior to trial. The
53 victim may request the court to terminate the victim's participation in
54 global positioning system monitoring of the defendant at any time. The
55 court shall not impose sanctions on the victim for refusing to partic-
56 ipate in global positioning system monitoring under this section. A
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1 defendant described in this section shall only be released under this
2 section if he or she agrees to pay the cost of the device and any moni-
3 toring of the device as a condition of release or to perform community
4 service work in lieu of paying that cost. As used in this section:
5 (a) "Domestic violence" means an act which would constitute a family
6 offense pursuant to subdivision one of section eight hundred twelve of
7 the family court act.
8 (b) "Global positioning system" means a system that electronically
9 determines and reports the location of an individual by means of an
10 ankle bracelet transmitter or similar device worn by the individual that
11 transmits latitude and longitude data to monitoring authorities through
12 global positioning satellite technology but does not contain or operate
13 any global positioning system technology or radio frequency identifica-
14 tion technology or similar technology that is implanted in or otherwise
15 invades or violates the corporeal body of the individual.
16 (c) "Informed consent" means that the victim was given information
17 concerning all of the following before consenting to participate in
18 global positioning system monitoring:
19 (1) The victim's right to refuse to participate in global positioning
20 system monitoring and the process for requesting the court to terminate
21 the victim's participation after it has been ordered.
22 (2) The manner in which the global positioning system monitoring tech-
23 nology functions and the risks and limitations of that technology, and
24 the extent to which the system will track and record the victim's
25 location and movements.
26 (3) The boundaries imposed on the defendant during the global posi-
27 tioning system monitoring.
28 (4) Sanctions that the court may impose on the defendant for violating
29 an order issued under this subdivision.
30 (5) The procedure that the victim is to follow if the defendant
31 violates an order issued under this subdivision or if global positioning
32 system equipment fails.
33 (6) Identification of support services available to assist the victim
34 to develop a safety plan to use if the court's order issued under this
35 subdivision is violated or if global positioning system equipment fails.
36 (7) Identification of community services available to assist the
37 victim in obtaining shelter, counseling, education, child care, legal
38 representation, and other help in addressing the consequences and
39 effects of domestic violence.
40 (8) The nonconfidential nature of the victim's communications with the
41 court concerning global positioning system monitoring and the
42 restrictions to be imposed upon the defendant's movements.
43 7. This section does not limit the authority of judges to impose
44 protective or other release conditions under other applicable statutes
45 or court rules.
46 § 2. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law.