S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1017
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, the family court act and the criminal
         procedure law,  in  relation  to  pre-dispositional  and  pre-sentence
         investigations in family offense cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 221-a of  the  executive  law,  as
    2  amended  by  section  7  of part D of chapter 56 of the laws of 2008, is
    3  amended to read as follows:
    4    4. Courts and law enforcement officials, including probation officers,
    5  shall have the ability to disclose and share information with respect to
    6  such orders and warrants consistent with the purposes of  this  section,
    7  subject  to  applicable  provisions  of  the  family court act, domestic
    8  relations law and criminal procedure law concerning the confidentiality,
    9  sealing and expungement of records.   DESIGNATED  REPRESENTATIVES  OF  A
   10  LOCAL  PROBATION  SERVICE SHALL HAVE ACCESS TO INFORMATION IN THE STATE-
   11  WIDE REGISTRY OF ORDERS OF PROTECTION AND WARRANTS NECESSARY IN ORDER TO
   12  RESPOND TO A JUDICIAL REQUEST FOR INFORMATION  PURSUANT  TO  SUBDIVISION
   13  SIX  OF  SECTION  EIGHT  HUNDRED  TWENTY-ONE-A  OF THE FAMILY COURT ACT,
   14  SUBDIVISION SIX-A OF SECTION 530.12 OF THE CRIMINAL  PROCEDURE  LAW  OR,
   15  INSOFAR  AS  THEY  INVOLVE  VICTIMS  OF  DOMESTIC VIOLENCE AS DEFINED BY
   16  SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL  SERVICES  LAW,  SECTION
   17  530.13 OF THE CRIMINAL PROCEDURE LAW, OR TO PREPARE AN INVESTIGATION AND
   18  REPORT  IN PROCEEDINGS CONDUCTED PURSUANT TO SECTIONS 351.1, SIX HUNDRED
   19  FORTY-TWO, SIX HUNDRED FIFTY-SIX, SIX HUNDRED SIXTY-TWO,  SEVEN  HUNDRED
   20  FIFTY,  EIGHT  HUNDRED  THIRTY-FIVE  AND  SUBDIVISION (B) OF SECTION ONE
   21  THOUSAND FORTY-SEVEN OF THE FAMILY COURT ACT OR  ARTICLE  THREE  HUNDRED
   22  NINETY OF THE CRIMINAL PROCEDURE LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05317-01-3
       S. 1017                             2
    1    S  2.  The  section  heading and subdivision (a) of section 835 of the
    2  family court act, as amended by chapter 529 of the  laws  of  1963,  are
    3  amended to read as follows:
    4    Sequence of hearings; PROBATION INVESTIGATIONS AND REPORTS.
    5    (a)  Upon  completion  of  the fact-finding hearing, the dispositional
    6  hearing may commence immediately after the required findings  are  made.
    7  IN  AID  OF ITS DISPOSITION, THE COURT MAY ADJOURN THE PROCEEDING FOR AN
    8  INVESTIGATION AND REPORT BY A LOCAL PROBATION SERVICE. FOR THE  PURPOSES
    9  OF THIS ARTICLE, THE PROBATION INVESTIGATION AND REPORT MAY INCLUDE, BUT
   10  IS  NOT  LIMITED  TO:  THE PRESENCE OR ABSENCE OF AGGRAVATING FACTORS AS
   11  DEFINED IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION  EIGHT  HUNDRED
   12  TWENTY-SEVEN  OF  THIS  ARTICLE, THE EXTENT OF INJURIES OR OUT-OF-POCKET
   13  LOSSES TO THE VICTIM WHICH MAY FORM THE BASIS FOR AN ORDER  OF  RESTITU-
   14  TION  PURSUANT  TO SUBDIVISION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF
   15  THIS ARTICLE, THE HISTORY OF  THE  RESPONDENT  WITH  RESPECT  TO  FAMILY
   16  OFFENSES  AND  ORDERS OF PROTECTION IN THIS OR OTHER COURTS, WHETHER THE
   17  RESPONDENT IS IN POSSESSION OF ANY FIREARMS  AND,  IF  SO,  WHETHER  THE
   18  RESPONDENT  IS  LICENSED  OR OTHERWISE AUTHORIZED TO BE IN POSSESSION OF
   19  SUCH FIREARMS.
   20    S 3. Subdivision 3 of section 390.20 of the criminal procedure law  is
   21  amended to read as follows:
   22    3.  Permissible  in any case. For purposes of sentence, ISSUANCE OF AN
   23  ORDER OF PROTECTION PURSUANT TO SUBDIVISION FIVE OF  SECTION  530.12  OF
   24  THIS CHAPTER OR, INSOFAR AS THEY INVOLVE VICTIMS OF DOMESTIC VIOLENCE AS
   25  DEFINED BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
   26  SECTION  530.13 OF THIS CHAPTER, the court may, in its discretion, order
   27  a pre-sentence investigation and report in  any  case,  irrespective  of
   28  whether  such investigation and report is required by subdivision one or
   29  two OF THIS SECTION.
   30    S 4. Subdivision 4 of section 390.30 of the criminal procedure law, as
   31  amended by chapter 618 of the laws of 1992,  the  opening  paragraph  as
   32  amended  by  section  50 of part A of chapter 56 of the laws of 2010, is
   33  amended to read as follows:
   34    4. Abbreviated investigation and short form report.  In  lieu  of  the
   35  procedure  set forth in subdivisions one, two and three of this section,
   36  where the conviction is of a misdemeanor OR FAMILY OFFENSE,  AS  DEFINED
   37  IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, OTHER THAN A FELO-
   38  NY, the scope of the pre-sentence investigation may be abbreviated and a
   39  short  form  report  may be made.  The use of abbreviated investigations
   40  and short form reports, the matters to be covered therein and  the  form
   41  of  the reports shall be in accordance with the general rules regulating
   42  methods and procedures in the administration  of  probation  as  adopted
   43  from  time  to  time  by  the  commissioner  of the division of criminal
   44  justice services pursuant to the provisions of  article  twelve  of  the
   45  executive  law.  No  such  rule,  however,  shall  be construed so as to
   46  relieve the agency conducting the investigation of the duty of  investi-
   47  gating and reporting upon:
   48    (a)  the  extent of the injury or economic loss and the actual out-of-
   49  pocket loss to the victim including the amount of restitution and  repa-
   50  ration  sought  by the victim, after the victim has been informed of the
   51  right to seek restitution and reparation, or
   52    (b) IN A CASE INVOLVING A FAMILY OFFENSE, AS  DEFINED  IN  SUBDIVISION
   53  ONE OF SECTION 530.11 OF THIS CHAPTER, THE DEFENDANT'S HISTORY OF FAMILY
   54  OFFENSES  AND ORDERS OF PROTECTION, INCLUDING VIOLATIONS, IN PROCEEDINGS
   55  OR ACTIONS IN THIS OR OTHER COURTS, THE EXTENT OF INJURIES OR THREATS OF
   56  INJURY TO THE COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY  OR  HOUSE-
       S. 1017                             3
    1  HOLD,  THE  USE  OR  THREATENED USE OF DANGEROUS INSTRUMENTS AGAINST THE
    2  COMPLAINANT OR MEMBERS OF COMPLAINANT'S FAMILY OR HOUSEHOLD, WHETHER THE
    3  DEFENDANT IS IN POSSESSION OF ANY FIREARMS AND, IF SO, WHETHER DEFENDANT
    4  IS  LICENSED  OR  OTHERWISE  AUTHORIZED  TO  BE  IN  POSSESSION  OF SUCH
    5  FIREARMS, THE EXTENT TO WHICH THE DEFENDANT POSES AN IMMEDIATE AND ONGO-
    6  ING DANGER TO THE COMPLAINANT OR MEMBERS OF THE COMPLAINANT'S FAMILY  OR
    7  HOUSEHOLD  AND ANY OTHER INFORMATION RELEVANT TO THE ISSUE OF WHETHER AN
    8  ORDER OF PROTECTION, IN ADDITION TO ANY  OTHER  DISPOSITION,  SHOULD  BE
    9  ISSUED  IN  ACCORDANCE  WITH  SUBDIVISION FIVE OF SECTION 530.12 OF THIS
   10  CHAPTER, OR
   11    (C) any matter relevant to the question of sentence OR ISSUANCE OF  AN
   12  ORDER  OF PROTECTION that the court directs to be included in particular
   13  cases.
   14    S 5. This act shall take effect on the ninetieth day  after  it  shall
   15  have become a law.