Bill Text: NY A05151 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows family and criminal courts to extend orders of protection for up to two years beyond the expiration date of an issued order of protection if the court finds reason for an extension and places such reasoning on the record.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - referred to codes [A05151 Detail]
Download: New_York-2023-A05151-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5151 2023-2024 Regular Sessions IN ASSEMBLY March 3, 2023 ___________ Introduced by M. of A. J. M. GIGLIO -- read once and referred to the Committee on Codes AN ACT to amend the family court act and the criminal procedure law, in relation to extensions of orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 154-c of the family court act, as 2 added by chapter 186 of the laws of 1997, is amended to read as follows: 3 1. Expiration dates and extensions. (a) Any order of protection or 4 temporary order of protection issued under articles four, five, six and 5 eight of this act shall plainly state the date that such order expires. 6 (b) Any order of protection or temporary order of protection issued 7 under this act shall be extended for up to two years past the date that 8 such order expires if the court finds an extreme case for such extension 9 and states on the record the reasons for the extension. For purposes of 10 this paragraph, "extreme case" shall mean a threat of harm to the 11 protected party continues; respondent has been found guilty of repeated 12 criminal contempt due to a violation of an order of protection; respond- 13 ent has continued to express intent to commit harm to, intimidate or 14 threaten the protected party. 15 § 2. The opening paragraph of subdivision 5 of section 530.12 of the 16 criminal procedure law, as amended by chapter 240 of the laws of 2015, 17 is amended to read as follows: 18 Upon sentencing on a conviction for any crime or violation between 19 spouses, between a parent and child, or between members of the same 20 family or household as defined in subdivision one of section 530.11 of 21 this article, the court may in addition to any other disposition, 22 including a conditional discharge or youthful offender adjudication, 23 enter an order of protection. Where a temporary order of protection was 24 issued, the court shall state on the record the reasons for issuing or 25 not issuing an order of protection. The duration of such an order shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09951-01-3A. 5151 2 1 be fixed by the court and: (A) in the case of a felony conviction, shall 2 not exceed the greater of: (i) eight years from the date of such 3 sentencing, except where the sentence is or includes a sentence of 4 probation on a conviction for a felony sexual assault, as provided in 5 subparagraph (iii) of paragraph (a) of subdivision three of section 6 65.00 of the penal law, in which case, ten years from the date of such 7 sentencing, or (ii) eight years from the date of the expiration of the 8 maximum term of an indeterminate or the term of a determinate sentence 9 of imprisonment actually imposed; or (B) in the case of a conviction for 10 a class A misdemeanor, shall not exceed the greater of: (i) five years 11 from the date of such sentencing, except where the sentence is or 12 includes a sentence of probation on a conviction for a misdemeanor sexu- 13 al assault, as provided in subparagraph (ii) of paragraph (b) of subdi- 14 vision three of section 65.00 of the penal law, in which case, six years 15 from the date of such sentencing, or (ii) five years from the date of 16 the expiration of the maximum term of a definite or intermittent term 17 actually imposed; or (C) in the case of a conviction for any other 18 offense, shall not exceed the greater of: (i) two years from the date of 19 sentencing, or (ii) two years from the date of the expiration of the 20 maximum term of a definite or intermittent term actually imposed. For 21 purposes of determining the duration of an order of protection entered 22 pursuant to this subdivision, a conviction shall be deemed to include a 23 conviction that has been replaced by a youthful offender adjudication. 24 Any order of protection entered pursuant to this section shall be 25 extended for up to two years past the date that such order expires if 26 the court finds an extreme case for such extension and states on the 27 record the reasons for the extension. For purposes of this paragraph, 28 "extreme case" shall mean a threat of harm to the protected party 29 continues; defendant has been found guilty of repeated criminal contempt 30 due to a violation of an order of protection; defendant has continued to 31 express intent to commit harm to, intimidate or threaten the protected 32 party. In addition to any other conditions, such an order may require 33 the defendant: 34 § 3. The opening paragraph of subdivision 5 of section 530.12 of the 35 criminal procedure law, as amended by section 2 of chapter 9 of the laws 36 of 2011, is amended to read as follows: 37 Upon sentencing on a conviction for any crime or violation between 38 spouses, between a parent and child, or between members of the same 39 family or household as defined in subdivision one of section 530.11 of 40 this article, the court may in addition to any other disposition, 41 including a conditional discharge or youthful offender adjudication, 42 enter an order of protection. Where a temporary order of protection was 43 issued, the court shall state on the record the reasons for issuing or 44 not issuing an order of protection. The duration of such an order shall 45 be fixed by the court and, in the case of a felony conviction, shall not 46 exceed the greater of: (i) five years from the date of such sentencing, 47 or (ii) three years from the date of the expiration of the maximum term 48 of an indeterminate sentence of imprisonment actually imposed; or in the 49 case of a conviction for a class A misdemeanor, shall not exceed three 50 years from the date of such sentencing; or in the case of a conviction 51 for any other offense, shall not exceed one year from the date of 52 sentencing. For purposes of determining the duration of an order of 53 protection entered pursuant to this subdivision, a conviction shall be 54 deemed to include a conviction that has been replaced by a youthful 55 offender adjudication. Any order of protection entered pursuant to this 56 section shall be extended for up to two years past the date that suchA. 5151 3 1 order expires if the court finds an extreme case for such extension and 2 states on the record the reasons for the extension. For purposes of this 3 paragraph, "extreme case" shall mean a threat of harm to the protected 4 party continues; defendant has been found guilty of repeated criminal 5 contempt due to a violation of an order of protection; defendant has 6 continued to express intent to commit harm to, intimidate or threaten 7 the protected party. In addition to any other conditions, such an order 8 may require the defendant: 9 § 4. The opening paragraph of subdivision 4 of section 530.13 of the 10 criminal procedure law, as amended by chapter 240 of the laws of 2015, 11 is amended to read as follows: 12 Upon sentencing on a conviction for any offense, where the court has 13 not issued an order of protection pursuant to section 530.12 of this 14 article, the court may, in addition to any other disposition, including 15 a conditional discharge or youthful offender adjudication, enter an 16 order of protection. Where a temporary order of protection was issued, 17 the court shall state on the record the reasons for issuing or not issu- 18 ing an order of protection. The duration of such an order shall be fixed 19 by the court and; (A) in the case of a felony conviction, shall not 20 exceed the greater of: (i) eight years from the date of such sentencing, 21 except where the sentence is or includes a sentence of probation on a 22 conviction for a felony sexual assault, as provided in subparagraph 23 (iii) of paragraph (a) of subdivision three of section 65.00 of the 24 penal law, in which case, ten years from the date of such sentencing, or 25 (ii) eight years from the date of the expiration of the maximum term of 26 an indeterminate or the term of a determinate sentence of imprisonment 27 actually imposed; or (B) in the case of a conviction for a class A 28 misdemeanor, shall not exceed the greater of: (i) five years from the 29 date of such sentencing, except where the sentence is or includes a 30 sentence of probation on a conviction for a misdemeanor sexual assault, 31 as provided in subparagraph (ii) of paragraph (b) of subdivision three 32 of section 65.00 of the penal law, in which case, six years from the 33 date of such sentencing or (ii) five years from the date of the expira- 34 tion of the maximum term of a definite or intermittent term actually 35 imposed; or (C) in the case of a conviction for any other offense, shall 36 not exceed the greater of: (i) two years from the date of sentencing, or 37 (ii) two years from the date of the expiration of the maximum term of a 38 definite or intermittent term actually imposed. For purposes of deter- 39 mining the duration of an order of protection entered pursuant to this 40 subdivision, a conviction shall be deemed to include a conviction that 41 has been replaced by a youthful offender adjudication. Any order of 42 protection entered pursuant to this section shall be extended for up to 43 two years past the date that such order expires if the court finds an 44 extreme case for such extension and states on the record the reasons for 45 the extension. For purposes of this paragraph, "extreme case" shall mean 46 a threat of harm to the protected party continues; defendant has been 47 found guilty of repeated criminal contempt due to a violation of an 48 order of protection; defendant has continued to express intent to commit 49 harm to, intimidate or threaten the protected party. In addition to any 50 other conditions such an order may require that the defendant: 51 § 5. The opening paragraph of subdivision 4 of section 530.13 of the 52 criminal procedure law, as amended by section 4 of chapter 9 of the laws 53 of 2011, is amended to read as follows: 54 Upon sentencing on a conviction for any offense, where the court has 55 not issued an order of protection pursuant to section 530.12 of this 56 article, the court may, in addition to any other disposition, includingA. 5151 4 1 a conditional discharge or youthful offender adjudication, enter an 2 order of protection. Where a temporary order of protection was issued, 3 the court shall state on the record the reasons for issuing or not issu- 4 ing an order of protection. The duration of such an order shall be fixed 5 by the court and, in the case of a felony conviction, shall not exceed 6 the greater of: (i) five years from the date of such sentencing, or (ii) 7 three years from the date of the expiration of the maximum term of an 8 indeterminate sentence of imprisonment actually imposed; or in the case 9 of a conviction for a class A misdemeanor, shall not exceed three years 10 from the date of such sentencing; or in the case of a conviction for any 11 other offense, shall not exceed one year from the date of sentencing. 12 For purposes of determining the duration of an order of protection 13 entered pursuant to this subdivision, a conviction shall be deemed to 14 include a conviction that has been replaced by a youthful offender adju- 15 dication. Any order of protection entered pursuant to this section shall 16 be extended for up to two years past the date that such order expires if 17 the court finds an extreme case for such extension and states on the 18 record the reasons for the extension. For purposes of this paragraph, 19 "extreme case" shall mean a threat of harm to the protected party 20 continues; defendant has been found guilty of repeated criminal contempt 21 due to a violation of an order of protection; defendant has continued to 22 express intent to commit harm to, intimidate or threaten the protected 23 party. In addition to any other conditions such an order may require 24 that the defendant: 25 § 6. This act shall take effect on the ninetieth day after it shall 26 have become a law; provided that the amendments to the opening paragraph 27 of subdivision 5 of section 530.12 of the criminal procedure law, made 28 by section two of this act, and the amendments to the opening paragraph 29 of subdivision 4 of section 530.13 of the criminal procedure law, made 30 by section four of this act, shall be subject to the expiration and 31 reversion of such paragraphs pursuant to subdivision d of section 74 of 32 chapter 3 of the laws of 1995, as amended, when upon such date the 33 provisions of sections three and five of this act shall take effect.