Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

2001 New York State Domestic Violence and Related Laws

Mandatory Arrest Extension (contained in budget bill A.9367 / S.5754)

Extends mandatory arrest in family offense cases to September 1, 2003.

Signed: August 3, 2001 Chapter 118

Effective: Immediately

Order of Protection/Explanation (A.7248 Weinstein / S.3734 Saland)

Requires a criminal court judge to state on the record the reasons for issuing or not issuing an order of protection in cases where the defendant had pled guilty or been convicted, including cases where a temporary order had been issued.

Signed: October 30, 2001 Chapter 384

Effective: November 1, 2001

Uniform Child Custody Jurisdiction and Enforcement Act (A.4203 Weinstein / S.1834 Saland)

Creates consistent court rules for interstate custody decisions, governing under what circumstances a state may exercise jurisdiction to issue, modify or enforce child custody orders. Includes an expedited procedure for enforcement and protections for domestic violence victims, including address confidentiality.

Signed: October 30, 2001 Chapter 386

Effective: April 29, 2002

Aggravated Harassment (A.7920 Paulin / S.4233-A Saland)

Reverses recent case law and clarifies that aggravated harassment can be charged and prosecuted based on the perpetrator's behavior, regardless of which party initiated the contact.

Signed: October 30, 2001 Chapter 385

Effective: November 1, 2001

Address Confidentiality/Family Court & Supreme Court (A.7751-A Weinstein / S.5134 Saland)

Establishes a mechanism for the clerk of the court, or another designated person, to receive any court papers or summons on behalf of a party, where the court finds that disclosure of an address would pose an unreasonable risk to the health or safety of the party or any child involved. The clerk, or designated person, will forward papers to the party, allowing the residential address to remain confidential. This also applies to addresses of residential domestic violence programs. Identifying information must be sealed by the court and can not be disclosed.

Signed: September 4, 2001 Chapter 236

Effective: Immediately

Family Court Referees (A.8961-A Corrozza / S.5464-A Balboni)

Grants authority to court referees and judicial hearing officers to issue temporary orders of protection ex-parte (without the accused party present) in evening sessions of Family Court.

Signed: September 19, 2001 Chapter 340

Effective: Immediately

Closed Circuit Television Extension (A.9101 Lentol / S.3612 Saland)

Extends from September 1, 2001 to September 1, 2002 the provision that allows child witnesses to testify via closed-circuit television in cases involving sex crimes.

Signed: September 5, 2001 Chapter 273

Effective: Immediately

OVS Filing Extension (A.4516 Mayersohn / S.193 Maltese)

Allows the NYS Office of Victim Services (OVS) to process and pay claims after the filing deadline, in cases where a victim was unaware of the existence of benefits.

Signed: October 3, 2001 Chapter 359

Effective: applies to crimes committed on or after October 3, 2001