STATE OF NEW YORK ________________________________________________________________________ 3226 2025-2026 Regular Sessions IN ASSEMBLY January 24, 2025 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, the penal law and the criminal procedure law, in relation to anti-stalking orders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "ceasing 2 repeated and extremely egregious predatory (CREEP) behavior act". 3 § 2. The civil practice law and rules is amended by adding a new arti- 4 cle 63-B to read as follows: 5 ARTICLE 63-B 6 ANTI-STALKING ORDERS 7 Section 6349. Definitions. 8 6350. Application for an anti-stalking order. 9 6351. Issuance of a temporary anti-stalking order. 10 6352. Issuance of a final anti-stalking order. 11 6353. Service of an anti-stalking order. 12 6354. Modification or vacation of an anti-stalking order. 13 6355. Translation and interpretation of an anti-stalking order. 14 6356. Enforcement. 15 6357. Filing and enforcement of out-of-state orders. 16 § 6349. Definitions. For the purposes of this article: 17 1. "Anti-stalking order" shall mean an order of protection, either 18 temporary or final, that entitles the petitioner to certain protections 19 prescribed in sections sixty-three hundred fifty-one or sixty-three 20 hundred fifty-two of this article. An anti-stalking order shall be a 21 form of an order of protection and the terms "anti-stalking order" and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06824-01-5
A. 3226 2 1 "order of protection" may be used interchangeably throughout this arti- 2 cle. 3 2. "Connected device" shall mean any device, or other physical object 4 that is capable of connecting to the internet, directly or indirectly, 5 and that is assigned an internet protocol address or bluetooth address. 6 3. "Course of conduct" shall mean two or more acts over a period of 7 time, however short, which evidence a continuity of purpose. A course of 8 conduct shall not include conduct that was necessary to accomplish a 9 legitimate purpose independent of making contact with the targeted 10 person. 11 4. "Respondent" shall mean the person against whom an anti-stalking 12 order may be sought under this article. 13 5. "Stalking" shall mean when the respondent purposely or knowingly 14 engages in a course of conduct targeted at the petitioner which would 15 constitute stalking in the first degree, as described in section 120.60 16 of the penal law, stalking in the second degree, as described in section 17 120.55 of the penal law, stalking in the third degree, as described in 18 section 120.50 of the penal law, stalking in the fourth degree, as 19 described in section 120.45 of the penal law, menacing in the first 20 degree, as described in section 120.13 of the penal law, menacing in the 21 second degree, as described in section 120.14 of the penal law, menacing 22 in the third degree, as described in section 120.15 of the penal law, 23 assault in the first degree, as described in section 120.10 of the penal 24 law, assault in the second degree, as described in section 120.05 of the 25 penal law, assault in the third degree, as described in section 120.00 26 of the penal law, an attempted assault, harassment in the first degree, 27 as described in section 240.25 of the penal law, harassment in the 28 second degree, as described in section 240.26 of the penal law, aggra- 29 vated harassment in the first degree, as described in section 240.31 of 30 the penal law, aggravated harassment in the second degree, as described 31 in section 240.30 of the penal law, unlawful dissemination or publica- 32 tion of an intimate image, as described in section 245.15 of the penal 33 law, reckless endangerment in the first degree, as described in section 34 120.25 of the penal law, reckless endangerment in the second degree, as 35 described in section 120.20 of the penal law, identity theft in the 36 first degree, as described in section 190.80 of the penal law, identity 37 theft in the second degree, as described in section 190.79 of the penal 38 law, identity theft in the third degree, as described in section 190.78 39 of the penal law, coercion in the first degree, as described in section 40 135.65 of the penal law, coercion in the second degree, as described in 41 section 135.61 of the penal law, and/or coercion in the third degree, as 42 described in section 135.60 of the penal law. 43 6. "Petitioner" shall mean the person seeking the anti-stalking order 44 under this article. 45 § 6350. Application for an anti-stalking order. In accordance with 46 this article, a petitioner who believes they have been subject to stalk- 47 ing by another individual may file a sworn application setting forth the 48 facts and circumstances justifying the issuance of an anti-stalking 49 order. Such application shall be filed in the supreme court in a county 50 of the petitioner's choosing. 51 § 6351. Issuance of a temporary anti-stalking order. 1. Upon applica- 52 tion of a petitioner pursuant to this article, the court may issue a 53 temporary anti-stalking order, ex parte or otherwise, upon a finding on 54 the record that the petitioner is entitled to issuance of such an order 55 which may result from a judicial finding of fact, judicial acceptance of 56 an admission by the respondent, or judicial finding that the respondent
A. 3226 3 1 has given knowing, intelligent, and voluntary consent to its issuance. 2 The provisions of this section shall not preclude the court from issuing 3 a temporary anti-stalking order upon the court's own motion or where a 4 motion for such relief is made to the court, for good cause shown. The 5 duration of any temporary anti-stalking order shall not by itself be a 6 factor in determining the length or issuance of any final anti-stalking 7 order. 8 2. Any person appearing at supreme court when the court is open 9 requesting a temporary anti-stalking order under this article shall be 10 entitled to file a petition without delay on the same day such person 11 first appears at the court, and a hearing on that request shall be held 12 on the same day or the next day that the court is open following the 13 filing of such petition. 14 3. A temporary anti-stalking order issued pursuant to this section may 15 require that the respondent: 16 (a) cease all contact, by electronic means, telephone, mail, or any 17 other means, with the petitioner and/or another person; 18 (b) remove or delete any texts, images, videos, or other pieces of 19 media relating to the petitioner; 20 (c) refrain from following, monitoring, or keeping the petitioner 21 under physical or electronic surveillance, or using telephonic, audi- 22 ovisual, or other electronic means to monitor the actions, location, or 23 communication of the petitioner and/or another person; 24 (d) refrain from remotely controlling any connected devices affecting 25 the home, vehicle, or property of the petitioner and/or another person; 26 and/or 27 (e) stay away from the home, school, business, motor vehicle, or place 28 of employment of the petitioner and/or any other person, or any other 29 specified location as designated by the court; 30 until the date of the hearing on a final anti-stalking order. Such 31 hearing shall be scheduled as soon as practicable after the issuance of 32 a temporary anti-stalking order pursuant to this section. Provided, 33 however, that any requirements in a temporary anti-stalking order 34 imposed on the respondent which involve a person other than the peti- 35 tioner may only be made if and to the extent that such requirements 36 further the purpose of protecting the petitioner. 37 4. The court shall notify the petitioner and respondent of the date, 38 time, and location of a hearing on a final anti-stalking order upon the 39 issuance of a temporary anti-stalking order. In the event that the court 40 fails to issue an anti-stalking order that has been sought by the peti- 41 tioner, the court shall notify such petitioner that such order is not 42 issued, a statement of the grounds for the failure to issue such order, 43 and the date, time, and location of a hearing on a final anti-stalking 44 order, which shall proceed unless the application for such order is 45 voluntarily withdrawn by the petitioner. 46 § 6352. Issuance of a final anti-stalking order. 1. In accordance with 47 this article, after the issuance of a temporary anti-stalking order or 48 after the issuance of a statement explaining the grounds for failure to 49 issue such temporary order, as prescribed in subdivision four of section 50 sixty-three hundred fifty-one of this article, the court shall hold a 51 hearing to determine whether to issue a final anti-stalking order. If 52 issued, such final anti-stalking order may require that the respondent: 53 (a) cease all contact, by electronic means, telephone, mail, or any 54 other means, with the petitioner and/or another person; 55 (b) remove or delete any texts, images, videos, or other pieces of 56 media relating to the petitioner;
A. 3226 4 1 (c) refrain from following, monitoring, or keeping the petitioner 2 under physical or electronic surveillance, or using telephonic, audi- 3 ovisual, or other electronic means to monitor the actions, location, or 4 communication of the petitioner and/or another person; 5 (d) refrain from remotely controlling any connected devices affecting 6 the home, vehicle or property of the petitioner and/or another person; 7 (e) stay away from the home, school, business, motor vehicle, or place 8 of employment of the petitioner and/or any other person, or any other 9 specified location as designated by the court; 10 (f) pay the reasonable counsel fees and disbursement involved in 11 obtaining or enforcing the anti-stalking order which the petitioner has 12 sought; 13 (g) provide, either directly or by means of medical and health insur- 14 ance, for expenses incurred for medical care and treatment arising from 15 the incident or incidents forming the basis for the issuance of the 16 anti-stalking order; 17 (h) provide monetary compensation for other losses suffered as a 18 direct result of the stalking, which may include but not be limited to 19 loss of earnings, out-of-pocket expenses for injuries sustained or prop- 20 erty damaged, costs of lock replacement, or costs of obtaining an unlim- 21 ited phone number; 22 (i) undergo a mental health evaluation and treatment; and/or 23 (j) engage or cease engaging in any other behavior which the court 24 determines will meet the objective of protecting the petitioner; 25 for a specified period of time as declared by the court. Provided, 26 however, that any requirements in a final anti-stalking order imposed on 27 the respondent which involve a person other than the petitioner may only 28 be made if and to the extent that such requirements further the purpose 29 of protecting the petitioner. 30 § 6353. Service of an anti-stalking order. 1. The court shall arrange 31 for prompt service of a copy of an anti-stalking order issued under this 32 article, the application therefor, any notice of hearing prepared by the 33 court, along with any associated papers including the petition and any 34 supporting documentation, provided that the court may redact identifying 35 information of the petitioner from such application and papers where the 36 court finds that disclosure of such information would pose an unreason- 37 able risk to the health or safety of the petitioner. 38 2. The court shall provide copies of such documents to the appropriate 39 law enforcement agency serving the jurisdiction of the respondent's 40 residence with a direction that such documents be promptly served, at no 41 cost to the petitioner, on the respondent; provided, however, that the 42 petitioner may voluntarily arrange for service of copies of such order 43 and associated papers through a third party, such as a licensed process 44 server. 45 3. Notwithstanding any provisions of section three hundred eight of 46 this chapter or any other law to the contrary, all anti-stalking orders 47 filed and entered along with associated papers may be transmitted via 48 electronic means for expedited service. 49 4. An anti-stalking order issued pursuant to this article shall bear 50 in a conspicuous manner the term "order of protection" or "temporary 51 order of protection" as the case may be and a copy shall be filed by the 52 clerk of the court with the sheriff's office in the county in which the 53 petitioner resides, or, if the petitioner resides within a city, with 54 the police department of such city. The anti-stalking order shall also 55 contain the following notice: "This order of protection will remain in 56 effect even if the protected party has, or consents to have, contact or
A. 3226 5 1 communication with the party against whom the order is issued. This 2 order of protection can only be modified or terminated by the court. 3 The protected party cannot be held to violate this order nor be arrested 4 for violating this order.". The absence of such language shall not 5 affect the validity of such order. Such anti-stalking order shall plain- 6 ly state the date that such order expires, if temporary, or, if the 7 order is a final anti-stalking order issued pursuant to section sixty- 8 three hundred fifty-two of this article, the length of such order. 9 5. The court shall notify the division of state police and any other 10 law enforcement agency with jurisdiction of the issuance of an anti- 11 stalking order and provide a copy of such order no later than the next 12 business day after issuing the order to such division and agency. The 13 court also shall promptly notify such division and agency and provide a 14 copy of any order modifying or vacating such anti-stalking order no 15 later than the next business day after issuing the order. Any notice or 16 report submitted pursuant to this subdivision shall be in an electronic 17 format. 18 § 6354. Modification or vacation of an anti-stalking order. 1. Upon 19 the request of the petitioner, a court may, on an ex parte basis or 20 otherwise, modify or vacate an anti-stalking order which has been issued 21 under this article, provided that a sworn affidavit, verified in 22 accordance with subdivision one of section 100.30 of the criminal 23 procedure law, is submitted, showing good cause, which may include in 24 the case of a modification a showing that the existing order is 25 insufficient for the purpose of protection of the petitioner. The 26 court shall provide a copy of such modified order and affidavit to the 27 petitioner. Any modified anti-stalking order issued pursuant to this 28 section shall be issued to the respondent, and copies shall be filed as 29 provided in subdivision five of section sixty-three hundred fifty-three 30 and subdivision three of section sixty-three hundred fifty-six of this 31 article for anti-stalking orders issued pursuant to this article. 32 § 6355. Translation and interpretation of an anti-stalking order. 1. 33 The office of court administration shall, in accordance with paragraph 34 (t) of subdivision two of section two hundred twelve of the judiciary 35 law, ensure that any anti-stalking order is translated in writing into 36 the appropriate language for a party to a proceeding where the court has 37 appointed an interpreter. The office of court administration shall 38 ensure that the standard language of the office of court administration 39 anti-stalking order forms shall be translated in writing into the 40 languages most frequently used in the courts of each judicial department 41 in accordance with paragraph (t) of subdivision two of section two 42 hundred twelve of the judiciary law. A copy of the written translation 43 shall be given to each party in the proceeding, along with the original 44 anti-stalking order issued in English. A copy of this written trans- 45 lation shall also be included as part of the record of the proceeding. 46 The court shall read the essential terms and conditions of the order 47 aloud on the record and direct the court appointed interpreter to inter- 48 pret the same terms and conditions. Such written translation or inter- 49 pretation shall not affect the validity or enforceability of the order. 50 In every case a party to a proceeding shall be provided with an English 51 copy of any anti-stalking order issued. 52 2. The chief administrator of the courts shall promulgate appropriate 53 uniform temporary anti-stalking order forms, applicable to proceedings 54 under this article, to be used throughout the state. 55 § 6356. Enforcement. 1. Any violations of an anti-stalking order 56 issued by a court under this article shall be subject to the penalties
A. 3226 6 1 of sections 120.14, 215.50, 215.51, and 215.52 of the penal law, as 2 prescribed by such sections. 3 2. Any anti-stalking order issued under this article is a mandate of 4 the court for purposes of the offense of criminal contempt in subdivi- 5 sion three of section 215.50 of the penal law. 6 3. In any proceeding in which an anti-stalking order has been issued 7 under this article, the clerk of the court shall issue to the petitioner 8 and respondent and respondent's counsel and to any other person affected 9 by the order a copy of the anti-stalking order and ensure that a copy of 10 the anti-stalking order be transmitted, if applicable, to the local 11 correctional facility where the individual is or will be detained, the 12 state or local correctional facility where the individual is or will be 13 imprisoned, and the supervising probation department or department of 14 corrections and community supervision where the individual is under 15 probation or parole supervision. The presentation of a copy of such 16 order to any peace officer acting pursuant to their special duties or 17 police officer shall constitute authority for them to arrest a person 18 who has violated the terms of such order and bring such person before 19 the court and, otherwise, so far as lies within their power, to aid in 20 securing the protection such order was intended to afford. The protected 21 party in whose favor the anti-stalking order is issued may not be held 22 to violate an order issued in their favor, nor may such protected party 23 be arrested for violating such order. 24 § 6357. Filing and enforcement of out-of-state orders. 1. A valid 25 order of protection or temporary order of protection that is substan- 26 tially similar to the anti-stalking order described in this article 27 which is issued by court of competent jurisdiction in another state, 28 territorial, or tribal jurisdiction shall be accorded full faith and 29 credit and enforced as if it were issued by a court within the state for 30 as long as the order remains in effect in the issuing jurisdiction in 31 accordance with sections two thousand two hundred sixty-five and two 32 thousand two hundred sixty-six of title eighteen of the United States 33 Code. 34 2. An order issued by a court of competent jurisdiction in another 35 state, territorial, or tribal jurisdiction shall be deemed valid if: 36 (a) the issuing court had personal jurisdiction over the parties and 37 over the subject matter under the law of the issuing jurisdiction; and 38 (b) the person against whom the order was issued had reasonable notice 39 and an opportunity to be heard prior to issuance of the order; provided, 40 however, that if the order was a temporary order of protection issued in 41 the absence of such person, that notice had been given and that an 42 opportunity to be heard had been provided within a reasonable period of 43 time after the issuance of the order. 44 3. Notwithstanding the provisions of article fifty-four of this chap- 45 ter, an order of protection or temporary order of protection issued by a 46 court of competent jurisdiction in another state, territorial, or tribal 47 jurisdiction, accompanied by a sworn affidavit that upon information and 48 belief such order is in effect as written and has not been vacated or 49 modified, may be filed without fee with the clerk of the court. 50 § 3. Section 120.14 of the penal law, as amended by chapter 222 of the 51 laws of 1994, subdivision 3 as amended by chapter 597 of the laws of 52 1998, is amended to read as follows: 53 § 120.14 Menacing in the second degree. 54 A person is guilty of menacing in the second degree when: 55 1. [He or she] They intentionally [places] place or [attempts] attempt 56 to place another person in reasonable fear of physical injury, serious
A. 3226 7 1 physical injury or death by displaying a deadly weapon, dangerous 2 instrument or what appears to be a pistol, revolver, rifle, shotgun, 3 machine gun or other firearm; or 4 2. [He or she] They repeatedly [follows] follow a person or [engages] 5 engage in a course of conduct or repeatedly [commits] commit acts over a 6 period of time intentionally placing or attempting to place another 7 person in reasonable fear of physical injury, serious physical injury or 8 death; or 9 3. [He or she] They [commits] commit the crime of menacing in the 10 third degree in violation of that part of a duly served order of 11 protection, or such order which the defendant has actual knowledge of 12 because [he or she was] they were present in court when such order was 13 issued, pursuant to article eight of the family court act, section 14 530.12 of the criminal procedure law, article sixty-three-B of the civil 15 practice law and rules, or an order of protection issued by a court of 16 competent jurisdiction in another state, territorial or tribal jurisdic- 17 tion, which directed the respondent or defendant to stay away from the 18 person or persons on whose behalf the order was issued. 19 Menacing in the second degree is a class A misdemeanor. 20 § 4. Section 215.51 of the penal law, as amended by chapter 222 of the 21 laws of 1994, subdivision (b) as added by chapter 353 of the laws of 22 1996, the opening paragraph of subdivision (b) and subdivision (d) as 23 amended by chapter 597 of the laws of 1998, subdivision (c) as amended 24 by chapter 349 of the laws of 2006, is amended to read as follows: 25 § 215.51 Criminal contempt in the first degree. 26 A person is guilty of criminal contempt in the first degree when: 27 (a) [he] they contumaciously and unlawfully [refuses] refuse to be 28 sworn as a witness before a grand jury, or, when after having been sworn 29 as a witness before a grand jury, [he refuses] they refuse to answer any 30 legal and proper interrogatory; or 31 (b) in violation of a duly served order of protection, or such order 32 of which the defendant has actual knowledge because [he or she was] they 33 were present in court when such order was issued, or an order of 34 protection issued by a court of competent jurisdiction in this or anoth- 35 er state, territorial or tribal jurisdiction, [he or she] they: 36 (i) intentionally [places] place or [attempts] attempt to place a 37 person for whose protection such order was issued in reasonable fear of 38 physical injury, serious physical injury or death by displaying a deadly 39 weapon, dangerous instrument or what appears to be a pistol, revolver, 40 rifle, shotgun, machine gun or other firearm or by means of a threat or 41 threats; or 42 (ii) intentionally [places] place or [attempts] attempt to place a 43 person for whose protection such order was issued in reasonable fear of 44 physical injury, serious physical injury, or death by repeatedly follow- 45 ing such person or engaging in a course of conduct or repeatedly commit- 46 ting acts over a period of time; or 47 (iii) intentionally [places] place or [attempts] attempt to place a 48 person for whose protection such order was issued in reasonable fear of 49 physical injury, serious physical injury, or death when [he or she 50 communicates] they communicate or [causes] cause a communication to be 51 initiated with such person by mechanical or electronic means or other- 52 wise, anonymously or otherwise, by telephone, or by telegraph, mail, or 53 any other form of written communication; or 54 (iv) with intent to harass, annoy, threaten or alarm a person for 55 whose protection such order was issued, repeatedly [makes] make tele-
A. 3226 8 1 phone calls to such person, whether or not a conversation ensues, with 2 no purpose of legitimate communication; or 3 (v) with intent to harass, annoy, threaten or alarm a person for whose 4 protection such order was issued, [strikes, shoves, kicks] strike, shove 5 or kick or otherwise [subjects] subject such other person to physical 6 contact or [attempts] attempt or [threatens] threaten to do the same; or 7 (vi) by physical menace, intentionally [places] place or [attempts] 8 attempt to place a person for whose protection such order was issued in 9 reasonable fear of death, imminent serious physical injury, or physical 10 injury. 11 (c) [he or she commits] they commit the crime of criminal contempt in 12 the second degree as defined in subdivision three of section 215.50 of 13 this article by violating that part of a duly served order of 14 protection, or such order of which the defendant has actual knowledge 15 because [he or she was] they were present in court when such order was 16 issued, under sections two hundred forty and two hundred fifty-two of 17 the domestic relations law, articles four, five, six and eight of the 18 family court act, [and] section 530.12 of the criminal procedure law, 19 and article sixty-three-B of the civil practice law and rules, or an 20 order of protection issued by a court of competent jurisdiction in 21 another state, territorial, or tribal jurisdiction, which requires the 22 respondent or defendant to stay away from the person or persons on whose 23 behalf the order was issued, and where the defendant has been previously 24 convicted of the crime of aggravated criminal contempt or criminal 25 contempt in the first or second degree for violating an order of 26 protection as described herein within the preceding five years; or 27 (d) in violation of a duly served order of protection, or such order 28 of which the defendant has actual knowledge because [he or she was] they 29 were present in court when such order was issued, or an order issued by 30 a court of competent jurisdiction in this or another state, territorial 31 or tribal jurisdiction, [he or she] they intentionally or recklessly 32 [damages] damage the property of a person for whose protection such 33 order was issued in an amount exceeding two hundred fifty dollars. 34 Criminal contempt in the first degree is a class E felony. 35 § 5. Subdivision 4 of section 140.10 of the criminal procedure law, as 36 added by chapter 222 of the laws of 1994, paragraph (a) as amended by 37 chapter 511 of the laws of 1996, paragraph (b) as amended by chapter 107 38 of the laws of 2004, paragraph (c) and the third undesignated paragraph 39 as amended by chapter 4 of the laws of 1997, the second undesignated 40 paragraph as added by chapter 480 of the laws of 2013, and the closing 41 paragraph as amended by chapter 224 of the laws of 1994, is amended to 42 read as follows: 43 4. Notwithstanding any other provisions of this section, a police 44 officer shall arrest a person, and shall not attempt to reconcile the 45 parties or mediate, where such officer has reasonable cause to believe 46 that: 47 (a) a felony, other than subdivision three, four, nine or ten of 48 section 155.30 of the penal law, has been committed by such person 49 against a member of the same family or household, as member of the same 50 family or household is defined in subdivision one of section 530.11 of 51 this chapter; or 52 (b) a duly served order of protection, anti-stalking order, or special 53 order of conditions issued pursuant to subparagraph (i) or (ii) of para- 54 graph (o) of subdivision one of section 330.20 of this chapter is in 55 effect, or an order of which the respondent or defendant has actual 56 knowledge because [he or she was] they were present in court when such
A. 3226 9 1 order was issued, where the order appears to have been issued by a court 2 of competent jurisdiction of this or another state, territorial or 3 tribal jurisdiction; and 4 (i) Such order directs that the respondent or defendant stay away from 5 persons on whose behalf the order of protection or special order of 6 conditions has been issued and the respondent or defendant committed an 7 act or acts in violation of such "stay away" provision of such order; or 8 (ii) The respondent or defendant commits a family offense as defined 9 in subdivision one of section eight hundred twelve of the family court 10 act or subdivision one of section 530.11 of this chapter in violation of 11 such order of protection or special order of conditions. 12 The provisions of this subdivision shall apply only to orders of 13 protection issued pursuant to sections two hundred forty and two hundred 14 fifty-two of the domestic relations law, articles four, five, six and 15 eight of the family court act and section 530.12 of this chapter, 16 special orders of conditions issued pursuant to subparagraph (i) or (ii) 17 of paragraph (o) of subdivision one of section 330.20 of this chapter 18 insofar as they involve a victim or victims of domestic violence as 19 defined by subdivision one of section four hundred fifty-nine-a of the 20 social services law or a designated witness or witnesses to such domes- 21 tic violence, anti-stalking orders issued pursuant to article sixty- 22 three-B of the civil practice law and rules, and to orders of protection 23 issued by courts of competent jurisdiction in another state, territorial 24 or tribal jurisdiction. In determining whether reasonable cause exists 25 to make an arrest for a violation of an order issued by a court of 26 another state, territorial or tribal jurisdiction, the officer shall 27 consider, among other factors, whether the order, if available, appears 28 to be valid on its face or whether a record of the order exists on the 29 statewide registry of orders of protection and warrants established 30 pursuant to section two hundred twenty-one-a of the executive law or the 31 protection order file maintained by the national crime information 32 center; provided, however, that entry of the order of protection or 33 special order of conditions into the statewide registry or the national 34 protection order file shall not be required for enforcement of the 35 order. When a special order of conditions is in effect and a defendant 36 or respondent has been taken into custody pursuant to this paragraph, 37 nothing contained in this paragraph shall restrict or impair a police 38 officer from acting pursuant to section 9.41 of the mental hygiene law; 39 or 40 (c) a misdemeanor constituting a family offense, as described in 41 subdivision one of section 530.11 of this chapter and section eight 42 hundred twelve of the family court act, has been committed by such 43 person against such family or household member, unless the victim 44 requests otherwise. The officer shall neither inquire as to whether the 45 victim seeks an arrest of such person nor threaten the arrest of any 46 person for the purpose of discouraging requests for police intervention. 47 Notwithstanding the foregoing, when an officer has reasonable cause to 48 believe that more than one family or household member has committed such 49 a misdemeanor, the officer is not required to arrest each such person. 50 In such circumstances, the officer shall attempt to identify and arrest 51 the primary physical aggressor after considering: (i) the comparative 52 extent of any injuries inflicted by and between the parties; (ii) wheth- 53 er any such person is threatening or has threatened future harm against 54 another party or another family or household member; (iii) whether any 55 such person has a prior history of domestic violence that the officer 56 can reasonably ascertain; and (iv) whether any such person acted defen-
A. 3226 10 1 sively to protect [himself or herself] themself from injury. The officer 2 shall evaluate each complaint separately to determine who is the primary 3 physical aggressor and shall not base the decision to arrest or not to 4 arrest on the willingness of a person to testify or otherwise partic- 5 ipate in a judicial proceeding. 6 The protected party in whose favor the order of protection [or], 7 temporary order of protection, or anti-stalking order is issued may not 8 be held to violate an order issued in [his or her] their favor nor may 9 such protected party be arrested for violating such order. 10 Nothing contained in this subdivision shall be deemed to (a) require 11 the arrest of any person when the officer reasonably believes the 12 person's conduct is justifiable under article thirty-five of title C of 13 the penal law; or (b) restrict or impair the authority of any munici- 14 pality, political subdivision, or the division of state police from 15 promulgating rules, regulations and policies requiring the arrest of 16 persons in additional circumstances where domestic violence has alleged- 17 ly occurred. 18 No cause of action for damages shall arise in favor of any person by 19 reason of any arrest made by a police officer pursuant to this subdivi- 20 sion, except as provided in sections seventeen and eighteen of the 21 public officers law and sections fifty-k, fifty-l, fifty-m and fifty-n 22 of the general municipal law, as appropriate. 23 § 6. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law; provided, however, that the amendments to 25 subdivision 4 of section 140.10 of the criminal procedure law made by 26 section five of this act shall not affect the repeal of such subdivision 27 and shall expire and be deemed repealed therewith.