New York A 7393: Sets forth additional conditions which may be available in an order of protection

Bill Text

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A07393 Summary:

BILL NOA07393 

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SAME ASNo Same As

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SPONSORPretlow

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COSPNSR

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MLTSPNSR

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Amd §530.12, CP L; amd §§446, 656, 842 & 1056, add §842-b, Fam Ct Act

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Expands upon conditions which may be included in an order of protection issued for victims of domestic violence; makes other related alterations relative to the jurisdictions of supreme and family court in such situations; provides for payment of housing costs, compensation for incidental losses, possession of specified personal property, and prohibition of alienation of commonly held specified property.

Go to top A07393 Actions:

BILL NOA07393 

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03/25/2025referred to codes

01/07/2026referred to codes

Go to topA07393 Committee&nbspVotes:

Go to topA07393 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07393 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7393

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 25, 2025
 ___________

 Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the criminal procedure law and the family court act, in
 relation to orders of protection

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 1 of section 530.12 of the
 2 criminal procedure law is amended by adding five new subparagraphs
 3 (2-a), (2-b), (2-c), (2-d) and (2-e) to read as follows:
 4 (2-a) to make or to continue to make rent or mortgage payments on a
 5 residence occupied by the person who is protected by such order if the
 6 respondent is found to have a duty to support the petitioner or other
 7 dependent household members provided that this issue has not been
 8 resolved or is not being litigated between the parties in another
 9 action;
 10 (2-b) to pay the petitioner's rent or fees for housing services at a
 11 residence other than the one previously shared by the parties if the
 12 respondent is found to have a duty to support the petitioner and the
 13 petitioner requires alternative housing due to the incident or incidents
 14 forming the basis for the issuance of the order;
 15 (2-c) to pay monetary compensation for losses arising from the inci-
 16 dent or incidents forming the basis for the issuance of the order; such
 17 order may require the respondent to pay the petitioner directly, to
 18 reimburse the crime victims board for any and all compensation paid
 19 directly to or on behalf of the petitioner, and may require that the
 20 respondent reimburse any parties that may have compensated the petition-
 21 er, as the court may determine. Compensatory losses shall include, but
 22 shall not be limited to, loss of earnings or other support, out-of-pock-
 23 et losses for injuries sustained, cost of repair or replacement of real
 24 or personal property damaged, destroyed or taken, cost of counseling for
 25 the petitioner and/or dependent household member, moving or other travel

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10246-01-5

 A. 7393 2

 1 expenses, reasonable attorneys' fees, court costs, and compensation for
 2 pain and suffering;
 3 (2-d) to grant possession of specified personal property which shall
 4 include but shall not be limited to automobiles, checkbooks, keys,
 5 documentation of health insurance, other identification documentation
 6 and other personal effects;
 7 (2-e) to prohibit the respondent from transferring, encumbering or
 8 otherwise disposing of specified property mutually owned or leased by
 9 the parties;
 10 § 2. Subdivision 5 of section 530.12 of the criminal procedure law is
 11 amended by adding five new paragraphs (b-1), (b-2), (b-3), (b-4) and
 12 (b-5) to read as follows:
 13 (b-1) to make or to continue to make rent or mortgage payments on a
 14 residence occupied by the person who is protected by such order if the
 15 respondent is found to have a duty to support the petitioner or other
 16 dependent household members provided that this issue has not been
 17 resolved or is not being litigated between the parties in another
 18 action;
 19 (b-2) to pay the petitioner's rent or fees for