Bill Text: NY A04935 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the criminal procedure law, in relation to extending final orders of protection after a conviction
Spectrum: Moderate Partisan Bill (Democrat 24-4)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A04935 Detail]
Download: New_York-2009-A04935-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4935
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. ESPAILLAT, N. RIVERA, FIELDS, LAVINE, WRIGHT,
BOYLAND, COOK, REILLY -- Multi-Sponsored by -- M. of A. ABBATE, ALFA-
NO, BACALLES, BARRA, BENJAMIN, CHRISTENSEN, DIAZ, ERRIGO, FARRELL,
GREENE, GUNTHER, JOHN, V. LOPEZ, LUPARDO, MAYERSOHN, PERRY, PHEFFER,
ROBINSON, WEISENBERG, ZEBROWSKI -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to extending
final orders of protection after a conviction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of subdivision 5 of section 530.12 of
2 the criminal procedure law, as amended by chapter 215 of the laws of
3 2006, is amended to read as follows:
4 Upon conviction of any crime or violation between spouses, parent and
5 child, or between members of the same family or household, the court may
6 in addition to any other disposition, including a conditional discharge
7 or youthful offender adjudication, enter an order of protection. Where a
8 temporary order of protection was issued, the court shall state on the
9 record the reasons for issuing or not issuing an order of protection.
10 The duration of such an order shall be fixed by the court FOR SUCH PERI-
11 OD AS THE COURT, IN ITS DISCRETION, DEEMS APPROPRIATE TO SECURE THE
12 PROTECTION OF PERSONS AFFECTED BY ITS TERMS, UP TO THE LIFETIME OF SUCH
13 PERSON, and[, in] SUCH DURATION SHALL BE STATED IN THE ORDER. IN the
14 case of a felony conviction, shall not exceed the greater of: (i)
15 [eight] TEN years from the date of such conviction, or (ii) [eight] TEN
16 years from the date of the expiration of the maximum term of an indeter-
17 minate or the term of a determinate sentence of imprisonment actually
18 imposed; or in the case of a conviction for a class A misdemeanor, shall
19 not exceed five years from the date of such conviction; or in the case
20 of a conviction for any other offense, shall not exceed two years from
21 the date of conviction. A COURT SHALL HAVE THE AUTHORITY TO RENEW AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08394-01-9
A. 4935 2
1 ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION FOR A DURATION UPON
2 A FINDING BY THE ISSUING COURT THAT THERE HAS BEEN A CHANGE IN CIRCUM-
3 STANCES THAT NECESSITATES THE RENEWAL AND THAT THE RENEWAL ENSURES THE
4 CONTINUED SAFETY OF THE VICTIM OR ANY OTHER PERSON COVERED BY THE ORDER.
5 For purposes of [determining the duration of an order of protection
6 entered pursuant to] this subdivision, a conviction shall be deemed to
7 include a conviction that has been replaced by a youthful offender adju-
8 dication. In addition to any other conditions, such an order may require
9 the defendant:
10 S 2. The opening paragraph of subdivision 5 of section 530.12 of the
11 criminal procedure law, as amended by section 2 of chapter 384 of the
12 laws of 2001, is amended to read as follows:
13 Upon conviction of any crime or violation between spouses, parent and
14 child, or between members of the same family or household, the court may
15 in addition to any other disposition, including a conditional discharge
16 or youthful offender adjudication, enter an order of protection. Where a
17 temporary order of protection was issued, the court shall state on the
18 record the reasons for issuing or not issuing an order of protection.
19 The duration of such an order shall be fixed by the court FOR SUCH PERI-
20 OD AS THE COURT, IN ITS DISCRETION, DEEMS APPROPRIATE TO SECURE THE
21 PROTECTION OF PERSONS AFFECTED BY ITS TERMS, UP TO THE LIFETIME OF SUCH
22 PERSON, and[, in] SUCH DURATION SHALL BE STATED IN THE ORDER. IN the
23 case of a felony conviction, shall not exceed the greater of: (i)
24 [five] TEN years from the date of such conviction, or (ii) [three] TEN
25 years from the date of the expiration of the maximum term of an indeter-
26 minate sentence of imprisonment actually imposed; or in the case of a
27 conviction for a class A misdemeanor, shall not exceed three years from
28 the date of such conviction; or in the case of a conviction for any
29 other offense, shall not exceed one year from the date of conviction. A
30 COURT SHALL HAVE THE AUTHORITY TO RENEW AN ORDER OF PROTECTION ISSUED
31 PURSUANT TO THIS SECTION FOR A DURATION UPON A FINDING BY THE ISSUING
32 COURT THAT THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT NECESSITATES
33 THE RENEWAL AND THAT THE RENEWAL ENSURES THE CONTINUED SAFETY OF THE
34 VICTIM OR ANY OTHER PERSON COVERED BY THE ORDER. For purposes of [deter-
35 mining the duration of an order of protection entered pursuant to] this
36 subdivision, a conviction shall be deemed to include a conviction that
37 has been replaced by a youthful offender adjudication. In addition to
38 any other conditions, such an order may require the defendant:
39 S 3. This act shall take effect immediately; provided that the amend-
40 ments to the opening paragraph of subdivision 5 of section 530.12 of the
41 criminal procedure law made by section one of this act shall be subject
42 to the expiration and reversion of such subdivision pursuant to section
43 74 of chapter 3 of the laws of 1995, as amended, when upon such date the
44 provisions of section two of this act shall take effect.
