Provides that upon motion and after an opportunity to be heard, a court may order the defendant in a family offense proceeding to turn control of a connected device over to a family or household member or, if that is not possible, to have such connected device disabled by the manufacturer.
Summary
Bill A03592 seeks to amend the criminal procedure law in New York to allow courts to order defendants in family offense proceedings to relinquish control of their connected devices. Specifically, the bill enables a court, after a hearing, to transfer control of a connected device to a family or household member. If such transfer is not feasible, the court can mandate that the device be disabled by the manufacturer. This legislation aims to enhance the safety of victims in family offense cases by limiting the potential for further harm through technology.
Impact
If enacted, this bill would modify existing criminal procedure laws regarding family offenses in New York. It would empower courts to intervene in cases where connected devices may pose a risk to victims, thereby potentially reducing incidents of harassment or abuse facilitated by technology. The bill would also require manufacturers to comply with court orders to disable devices, which could lead to new protocols for handling such requests within the tech industry.
Sentiment
The sentiment surrounding Bill A03592 appears to be cautiously supportive, as it addresses a growing concern about the role of technology in domestic violence situations. While there is recognition of the necessity for such measures, there may also be apprehension regarding the implications for privacy and the feasibility of enforcing device control transfers.
Contention
Notable points of contention include concerns about the practicality of enforcing the transfer of device control and the potential privacy implications for defendants. Some stakeholders may argue that the bill could infringe on the rights of defendants or create complications in legal proceedings, while advocates for victims' rights emphasize the need for protective measures in the context of family offenses.
Same As
Provides that upon motion and after an opportunity to be heard, a court may order the defendant in a family offense proceeding to turn control of a connected device over to a family or household member or, if that is not possible, to have such connected device disabled by the manufacturer.
Provides that upon motion and after an opportunity to be heard, a court may order the defendant in a family offense proceeding to turn control of a connected device over to a family or household member or, if that is not possible, to have such connected device disabled by the manufacturer.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.
Criminal Proceedings; the award of reasonable attorney's fees and costs in a criminal case to the defendant upon such defendant making a successful motion to disqualify the prosecuting attorney for misconduct in connection with the case; provide
Enacts "Karilyn's law"; provides that the court set the date for proceedings relating to family visitation under a guardianship petition for not more than ten days from the signing of the order to show cause; provides that visitation shall be a rebuttable presumption.