S 1604: Provides for immediate notification to a complainant, in the manner specified by the complainant, of the service of an ex parte order of protection.

  
  STATE OF NEW YORK ________________________________________________________________________ 1604 2025-2026 Regular Sessions  IN SENATE January 10, 2025 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to notification of service of ex parte orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 530.13-a to read as follows: 3 § 530.13-a Notification of service of ex parte order of protection. 4 1. A complainant who is granted an ex parte order of protection by the 5 court and a complainant who requests that an ex parte order of 6 protection be granted by the court, who wishes to be notified when an ex 7 parte order of protection is served on the person against whom the 8 complaint is made, shall notify the court clerk of the manner in which 9 such complainant wishes to be notified. Notification by mail, tele- 10 phone, e-mail or other means of electronic communication shall be used 11 by the court, if requested, and if the court has the equipment to make 12 such communication. The court shall inform all complainants who are 13 granted an ex parte order of protection and who request an ex parte 14 order of protection of their right to be notified when the order of 15 protection is served. 16 2. Notwithstanding any other provision of law to the contrary, any 17 police officer, peace officer or other person who serves an ex parte 18 order of protection on a person against whom a complaint has been made 19 shall immediately notify the clerk of the court which made said order 20 that the service has been made. After notification to the clerk of the 21 court that service of an ex parte order of protection has been made, or 22 upon service of such order by a court employee upon a person against 23 whom a complaint has been made, the clerk of the court which issued such 24 order shall notify the complainant immediately, in the manner specified 25 by the complainant, that such service has been made. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02474-01-5 
 S. 1604 2 1 § 2. The family court act is amended by adding a new section 153-d to 2 read as follows: 3 § 153-d. Notification of service of ex parte order of protection. 1. 4 A complainant who is granted an ex parte order of protection by the 5 court and a complainant who requests that an ex parte order of 6 protection be granted by the court, who wishes to be notified when an ex 7 parte order of protection is served on the person against whom the 8 complaint is made, shall notify the court clerk of the manner in which 9 such complainant wishes to be notified. Notification by mail, tele- 10 phone, e-mail or other means of electronic communication shall be used 11 by the court, if requested, and if the court has the equipment to make 12 such communication. The court shall inform all complainants who are 13 granted an ex parte order of protection and who request an ex parte 14 order of protection of their right to be notified when the order of 15 protection is served. 16 2. Notwithstanding any other provision of law to the contrary, any 17 police officer, peace officer or other person who serves an ex parte 18 order of protection on a person against whom a complaint has been made 19 shall immediately notify the clerk of the court which made said order 20 that the service has been made. After notification to the clerk of the 21 court that service of an ex parte order of protection has been made, or 22 upon service of such order by a court employee upon a person against 23 whom a complaint has been made, the clerk of the court which issued such 24 order shall notify the complainant immediately, in the manner specified 25 by the complainant, that such service has been made. 26 § 3. This act shall take effect on the sixtieth day after it shall 27 have become a law.