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NY A00603
Bill
Status
1/5/2011
Primary Sponsor
Peter Abbate
Click for details
AI Summary
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Restricts discovery of victim personal information (medical, educational, employment, financial, and location data) in criminal actions involving felonies with serious physical injury or sex offenses to court-issued subpoenas with protective orders limiting use to case preparation.
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Applies the same discovery restrictions to family court and civil actions involving persons convicted of such felonies, requiring all defense subpoenas be served by the defendant's agent.
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Mandates permanent protective orders at sentencing for persons convicted of violent felonies prohibiting access to victim records; orders cannot be modified or vitiated except upon appeal reversal with victim and prosecutor notice.
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Imposes costs on convicted persons for protective order issuance and enforcement, with unsuccessful challenges to the order requiring convicted persons to pay victim defense costs; imprisoned persons' protective order debts collected from inmate funds and work release earnings.
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Requires court-ordered authorization for pro se litigants convicted of violent felonies to serve subpoenas for victim records; clarifies state social services agencies can access criminal records without violating protective orders.
Legislative Description
Restricts the ability of perpetrators of violent crimes to access personal records of their victims.
Last Action
referred to codes
1/5/2011