S5329-2009: New York Senate Open Legislation

NY Senate Website
January 6, 2010

Enacts the "Lydia Peikon Cotz act"; provides domestic violence victims and crime victims with supervision while taking depositions; directs the court to provide a secure location within the courthouse, and a court officer, for such persons taking depositions.

Sponsor: MORAHAN / Committee: CODES
Law Section: Civil Practice Law and Rules / Law: Amd S3104, CPLR

 

 

S5329-2009 Actions
  • Jan 6, 2010: REFERRED TO CODES
  • Apr 27, 2009: REFERRED TO CODES

S5329-2009 Memo

BILL NUMBER:  S5329

TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to providing domestic violence victims or crime victims with supervision while taking depositions

PURPOSE :
To allow victims of crime and/or domestic violence with Orders of Protection to be protected in depositions and allow upon motion of any party or witness to request the Court to allow victims to take depositions in the courthouse under the supervision of a court officer.

SUMMARY OF PROVISIONS :
A new subdivision (f) is added to Section 3104 of the CPLR to require the court, upon motion, to provide a secure location within the courthouse, and a court officer for taking the deposition of either the party or the opposing party.

JUSTIFICATION :
Victims should not be continually threatened or in fear while court depositions are being taken. This measure will provide security and peace of mind to those victims.

LEGISLATIVE HISTORY :
2008-07 S.5058 Referred to Codes
2006-05 S.3038 Referred to Codes
2004 S.3051 Referred to Codes

FISCAL IMPLICATIONS :
To be determined.

EFFECTIVE DATE :
This act shall take effect immediately.