A06026 Summary:
| BILL NO | A06026 |
| SAME AS | SAME AS S06288 |
| SPONSOR | Cunningham |
| COSPNSR | Beephan, Dickens, Zebrowski, Taylor, Gunther, Burdick, Conrad, Clark, Sillitti, Sayegh, Anderson, Vanel, Wallace, Fall, Ardila, McMahon, Santabarbara, Eachus, Shimsky, Tapia, Hevesi, Simon, Aubry, Buttenschon, Alvarez, De Los Santos, Gibbs, Lucas, Jacobson, Meeks, Barrett, Raga, Novakhov, Bendett, Durso, Gandolfo, McDonough, Tague, Slater, Morinello, DiPietro, Simpson, Brown E, Mikulin, Gray, McGowan, Maher, Flood, Miller, Hawley, Angelino, Blumencranz, Brabenec, DeStefano, Chang, Simone, Weprin, Kelles, Dinowitz, Levenberg, Tannousis, McDonald |
| MLTSPNSR | |
| Amd §812, Fam Ct Act; amd §530.11, CP L | |
| Enacts "Melanie's law"; relates to orders of protection; allows courts to issue orders of protection for immediate family members or household members of the named victims, regardless of age. | |
A06026 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the family court act and the criminal procedure law, in relation to orders of protection PURPOSE OR GENERAL IDEA OF BILL: To enact "Melanie's law"; to allow courts to issue orders of protection for immediate family members or household members of the named victims, regardless of age. SUMMARY OF PROVISIONS: Section 1 provides for the short title of this act, which shall be known and may be cited as "Melanie's Law." Section 2 amends the family court act to expand the definition of "members of the same family or household" to include persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship. Section 3 amends the criminal procedure law to expand the definition of "members of the same family or household" to include persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship. Section 4 provides for an immediate effective date. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A JUSTIFICATION: Melanie Chianese, a resident of Wappinger, NY, was a loving mother to her son, and was working toward her degree in alcohol and substance abuse counseling when her life was tragically taken by her mother's ex-boyfriend while he was under supervised release pending sentence alter pleading guilty to a domestic violence felony. The perpetrator had a record of domestic violence allegations and an order of protection was issued for Melanie's mother and her own son. However, as Melanie was not an immediate family member and did not have an intimate relationship with the perpetrator, and because she was not a minor, the order of protection that was requested for Melanie had been denied by the court. This oversight in the law prevents close family members of those receiv- ing a protective order from being protected themselves. It is imperative that such loopholes do not continue to prevent others from getting the protection they need; and this legislation would address that by expand- ing the definition of "members of the same family or household" in the Family Court Act and Criminal Procedure Law, to include persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship. The risks posed by offenders do not strictly follow statutory definitions, nor do they disappear when a potential victim turns 18. By providing a more comprehensive scope of who may be covered by an order of protection, this legislation can help prevent Melanie's tragedy from being repeated. This act is named after Melanie to honor her passion for helping others during her life in hopes that her story can inspire needed change and save lives. PRIOR LEGISLATIVE HISTORY: 2021-22: 59545 - Referred to Rules FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. EFFECTIVE DATE: Immediately.