2013 New York State Domestic Violence and Related Laws
The following bills have been signed into law by the Governor:Financial/Economic Abuse - A.7400 Weinstein/S.5821 Robach
Addresses financial and economic abuse by adding certain crimes of identity theft, larceny and coercion to the list of family offenses in the Family Court Act and the criminal procedure law. The new law also adds a new condition that can be included in orders of protection, requiring the abuser to return specified “identification documents,” such as a passport, immigration papers, social security card, benefits or insurance card, etc., to the protected party.
Amends: Family Court Act §§446; 551; 656; 812(1); 821(1)(a); 842; 1056(1)
Domestic Relations Law §252(1)
Criminal Procedure Law §§530.11(1); 530.12(1)
Signed: December 18, 2013 Chapter 526
Effective: December 18, 2013
Arrest of Victim for Order of Protection Violation Prohibited - A.6547-B Weinstein / S.6505 Robach
Prohibits victims of domestic violence from being held in any way legally responsible for violation of an order of protection under which they are the protected party. The law takes effect immediately and applies to all orders of protection currently in effect. This prohibition will be explicitly stated on New York State’s order of protection forms: "This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order."
Amends Domestic Relations Law §240(3)(b); 252(2)
Adds new Family Court Act §155(3); 846(a-1), 1056(7); amends §168(3); 446; 551; 656; 759; 842
Criminal Procedure Law §140.10(4); 530.12(6) & (8)
Signed: November 13, 2013 Chapter 480
Effective: November 13, 2013, except that order of protection forms must be revised to include the new language by January 12, 2014
Corrections and Parole Officer Access to Order of Protection Registry - A.7690 Weinstein / S.4248-A Golden
Allows certain local and state corrections officers, and parole officers, access to the statewide order of protection registry. Accessing the registry will allow officers to determine if an inmate or parolee is subject to an order and what conditions must be followed in the order.
Amends Executive Law §221-a(4)
Signed: September 27, 2013 Chapter 368
Effective: October 27, 2013
New Phone Number - A.6381-A Crespo / S.4442-A Parker
Requires phone companies to provide a new phone number, if requested by a domestic violence victim who has an order of protection -- within 15 days of the request and at no charge to the victim. This applies to land lines , but not cell phones. This option is added to the current requirement that phone companies provide an unlisted phone number or an alternative listing to victims who request one.
Amends Public Service Law §91(7)
General Business Law §399-yy
Signed: July 31, 2013 Chapter 202
Effective: July 31, 2013
Crime Victim Compensation/Relocation Expenses - A.6900 Englebright / S.4344 Gallivan
Allows the Office of Victim Services to include expenses of other household members, and not just those of the victim, when making an award for relocation expenses.
Amends Executive Law §621(23)
Signed: July 31, 2013 Chapter 261
Effective: October 5, 2013
Visitation/Custody of Child Conceived as Result of Sexual Offense - A. 7188-A Paulin / S.5069-A Skelos
Restricts the parental rights of individuals convicted of certain sex offenses: rape first/second degree, course of sexual conduct against a child first degree, predatory sexual assault and predatory sexual assault against a child. When a child is conceived as a result of these offenses, the law will now presume that granting custody to, or visitation with, the offender is not in the best interest of the child. The law also prohibits notifying the offender of certain proceedings involving the child, such as foster care or adoption.
Amends Domestic Relations Law §240 (1-c) and §111-a(1)
Social Services Law §384-c(1)
Signed: September 27, 2013 Chapter 371
Effective: September 27, 2013
Mandatory Arrest Extension
Extends the mandatory arrest provision for family offenses for two more years, until September 2015.
Amends Criminal Procedure Law §140.10(4)
Signed: 2013 Chapter 55 – Budget Bill: §17 of Part E
Increased Maximum Length of Criminal Orders of Protection – Extension
Extends for two more years, until September 2015, the increased maximum length of criminal court orders of protection. Maximum lengths: eight years for a felony conviction, five years for a misdemeanor conviction and two years for all other offenses/violations.
Amends Criminal Procedure Law §§530.12(5); 530.13(4)
Signed: 2013 Chapter 55 – Budget Bill: §19 of Part E
Membership Camping Contracts – Amendment - A.581 Dinowitz / S.2339 Maziarz
Removes a provision that gave campground owners the authority to investigate a victim’s request to cancel a membership camping contract. If the victim can provide documentation that the other signee of the contract perpetrated domestic violence against them, the victim’s part of the membership can be cancelled. The campground owner cannot investigate whether the alleged abuser would present a danger to campground users or employees or take action, based on the victim’s request, to terminate the abuser’s membership. Based on concerns for victims’ safety, this amendment was agreed upon when the Governor signed the original campership bill in 2012.
Amends General Business Law §654-a(2)(5)
Signed: April 9, 2013 Chapter 17
Effective: Back to February 13, 2013, when the 2012 membership camping contract law went into effect