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LIBRARY OF RECENT LEGISLATION

• Full Faith and Credit to Protective Orders (Text) - Chapter 597 of the Laws of 1998 made amendments to various sections of the domestic relations law, the family court act, the criminal procedure law, the penal law and the executive law to bring New York law into compliance with the federal full faith and credit to Protective Orders Act. Identical amendments were made to the domestic relations law, the family court act and the criminal procedure law. Thus, a new subdivision 3-c was added to section 240 of the domestic relations law; a new subdivision 7 was added to section 252 of the domestic relations law; a new section 154-e was added to the family court act and a new subdivision 5 was added to Section 530.11 of the criminal procedure law .

The amendments provide that a valid order of protection or temporary order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction must be accorded full faith and credit and enforced as if it were issued by a court within New York state for as long as the order remains in effect in the issuing jurisdiction in accordance with sections 2265 and 2266 of the United States Code.

An order issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction is deemed valid if:

the issuing court had personal jurisdiction over the parties and over the subject matter under the law of the issuing jurisdiction; and

the person against whom the order was issued had reasonable notice and an opportunity to be heard prior to issuance of the order; and

in the case of orders of protection or temporary orders of protection issued against both a petitioner and respondent, the order or portion thereof sought to be enforced was supported by:

(i) a pleading requesting such order, including, but not limited to, a petition, cross-petition or counterclaim; and

(ii) a judicial finding that the requesting party is entitled to the issuance of the order, which may result from a judicial finding of fact, judicial acceptance of an admission by the party against whom the order was issued or judicial finding that the party against whom the order was issued had given knowing, intelligent and voluntary consent to its issuance.

Where the order of protection is a temporary order of protection issued in the absence of such person, notice must be given and an opportunity to be heard may be provided within a reasonable period of time after the issuance of the order;

DENIAL OF CUSTODY AND VISITATION TO MURDERER: Domestic Relations Law  240 1-c , added by Laws of 1998, ch. 150, s 1, effective July 7, 1998.

• Laws of 1997, Chapter 476 This Chapter signed by Governor Pataki on August 26, 1997 repeals existing CPLR 306-a and gives judges the authority to extend the 120-day period for service of a summons and complaint in civil actions. The statute also eliminates a requirement that proof of service be filed with the clerk of the court. It becomes effective January 1, 1998.