Bill Text: NY A06395 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows lifetime orders of protection when the respondent is convicted of certain felonies or an attempt to commit such felonies.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced) 2024-01-03 - referred to codes [A06395 Detail]
Download: New_York-2023-A06395-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6395 2023-2024 Regular Sessions IN ASSEMBLY April 6, 2023 ___________ Introduced by M. of A. DeSTEFANO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to allowing lifetime orders of protection in certain cases 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 240 of the laws of 3 2015, is amended to read as follows: 4 Upon sentencing on a conviction for any crime or violation between 5 spouses, between a parent and child, or between members of the same 6 family or household as defined in subdivision one of section 530.11 of 7 this article, the court may in addition to any other disposition, 8 including a conditional discharge or youthful offender adjudication, 9 enter an order of protection. Where a temporary order of protection was 10 issued, the court shall state on the record the reasons for issuing or 11 not issuing an order of protection. The duration of such an order shall 12 be fixed by the court and: (A) in the case of a felony conviction, shall 13 not exceed the greater of: (i) eight years from the date of such 14 sentencing[, except where the sentence is or includes a sentence of15probation on a conviction for a felony sexual assault, as provided in16subparagraph (iii) of paragraph (a) of subdivision three of section1765.00 of the penal law, in which case, ten years from the date of such18sentencing], or (ii) eight years from the date of the expiration of the 19 maximum term of an indeterminate or the term of a determinate sentence 20 of imprisonment actually imposed, or (iii) the lifetime of the defendant 21 or the victim, whichever is shorter, in the case of a conviction for any 22 felony under article one hundred twenty, one hundred twenty-five, one 23 hundred thirty, one hundred thirty-five or two hundred sixty-three or 24 section 255.25, 255.26 or 255.27 of the penal law, or an attempt to 25 commit any felony under such articles or sections; or (B) in the case of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06755-01-3A. 6395 2 1 a conviction for a class A misdemeanor, shall not exceed the greater of: 2 (i) five years from the date of such sentencing, except where the 3 sentence is or includes a sentence of probation on a conviction for a 4 misdemeanor sexual assault, as provided in subparagraph (ii) of para- 5 graph (b) of subdivision three of section 65.00 of the penal law, in 6 which case, six years from the date of such sentencing, or (ii) five 7 years from the date of the expiration of the maximum term of a definite 8 or intermittent term actually imposed; or (C) in the case of a 9 conviction for any other offense, shall not exceed the greater of: (i) 10 two years from the date of sentencing, or (ii) two years from the date 11 of the expiration of the maximum term of a definite or intermittent term 12 actually imposed. For purposes of determining the duration of an order 13 of protection entered pursuant to this subdivision, a conviction shall 14 be deemed to include a conviction that has been replaced by a youthful 15 offender adjudication. In addition to any other conditions, such an 16 order may require the defendant: 17 § 2. The opening paragraph of subdivision 5 of section 530.12 of the 18 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 19 amended to read as follows: 20 Upon sentencing on a conviction for any crime or violation between 21 spouses, between a parent and child, or between members of the same 22 family or household as defined in subdivision one of section 530.11 of 23 this article, the court may in addition to any other disposition, 24 including a conditional discharge or youthful offender adjudication, 25 enter an order of protection. Where a temporary order of protection was 26 issued, the court shall state on the record the reasons for issuing or 27 not issuing an order of protection. The duration of such an order shall 28 be fixed by the court and, in the case of a felony conviction, shall not 29 exceed the greater of: (i) five years from the date of such sentencing, 30 or (ii) three years from the date of the expiration of the maximum term 31 of an indeterminate sentence of imprisonment actually imposed, or (iii) 32 the lifetime of the defendant or the victim, whichever is shorter, in 33 the case of a conviction for any felony under article one hundred twen- 34 ty, one hundred twenty-five, one hundred thirty, one hundred thirty-five 35 or two hundred sixty-three or section 255.25, 255.26 or 255.27 of the 36 penal law, or an attempt to commit any felony under such articles or 37 sections; or in the case of a conviction for a class A misdemeanor, 38 shall not exceed three years from the date of such sentencing; or in the 39 case of a conviction for any other offense, shall not exceed one year 40 from the date of sentencing. For purposes of determining the duration of 41 an order of protection entered pursuant to this subdivision, a 42 conviction shall be deemed to include a conviction that has been 43 replaced by a youthful offender adjudication. In addition to any other 44 conditions, such an order may require the defendant: 45 § 3. The opening paragraph of subdivision 4 of section 530.13 of the 46 criminal procedure law, as amended by chapter 240 of the laws of 2015, 47 is amended to read as follows: 48 Upon sentencing on a conviction for any offense, where the court has 49 not issued an order of protection pursuant to section 530.12 of this 50 article, the court may, in addition to any other disposition, including 51 a conditional discharge or youthful offender adjudication, enter an 52 order of protection. Where a temporary order of protection was issued, 53 the court shall state on the record the reasons for issuing or not issu- 54 ing an order of protection. The duration of such an order shall be fixed 55 by the court and; (A) in the case of a felony conviction, shall not 56 exceed the greater of: (i) eight years from the date of such sentenc-A. 6395 3 1 ing[, except where the sentence is or includes a sentence of probation2on a conviction for a felony sexual assault, as provided in subparagraph3(iii) of paragraph (a) of subdivision three of section 65.00 of the4penal law, in which case, ten years from the date of such sentencing], 5 or (ii) eight years from the date of the expiration of the maximum term 6 of an indeterminate or the term of a determinate sentence of imprison- 7 ment actually imposed, or (iii) the lifetime of the defendant or the 8 victim, whichever is shorter, in the case of a conviction for any felony 9 under article one hundred twenty, one hundred twenty-five, one hundred 10 thirty, one hundred thirty-five or two hundred sixty-three or section 11 255.25, 255.26 or 255.27 of the penal law, or an attempt to commit any 12 felony under such articles or sections; or (B) in the case of a 13 conviction for a class A misdemeanor, shall not exceed the greater of: 14 (i) five years from the date of such sentencing, except where the 15 sentence is or includes a sentence of probation on a conviction for a 16 misdemeanor sexual assault, as provided in subparagraph (ii) of para- 17 graph (b) of subdivision three of section 65.00 of the penal law, in 18 which case, six years from the date of such sentencing or (ii) five 19 years from the date of the expiration of the maximum term of a definite 20 or intermittent term actually imposed; or (C) in the case of a 21 conviction for any other offense, shall not exceed the greater of: (i) 22 two years from the date of sentencing, or (ii) two years from the date 23 of the expiration of the maximum term of a definite or intermittent term 24 actually imposed. For purposes of determining the duration of an order 25 of protection entered pursuant to this subdivision, a conviction shall 26 be deemed to include a conviction that has been replaced by a youthful 27 offender adjudication. In addition to any other conditions such an 28 order may require that the defendant: 29 § 4. The opening paragraph of subdivision 4 of section 530.13 of the 30 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 31 amended to read as follows: 32 Upon sentencing on a conviction for any offense, where the court has 33 not issued an order of protection pursuant to section 530.12 of this 34 article, the court may, in addition to any other disposition, including 35 a conditional discharge or youthful offender adjudication, enter an 36 order of protection. Where a temporary order of protection was issued, 37 the court shall state on the record the reasons for issuing or not issu- 38 ing an order of protection. The duration of such an order shall be fixed 39 by the court and, in the case of a felony conviction, shall not exceed 40 the greater of: (i) five years from the date of such sentencing, or (ii) 41 three years from the date of the expiration of the maximum term of an 42 indeterminate sentence of imprisonment actually imposed, or (iii) the 43 lifetime of the defendant or the victim, whichever is shorter, in the 44 case of a conviction for any felony under article one hundred twenty, 45 one hundred twenty-five, one hundred thirty, one hundred thirty-five or 46 two hundred sixty-three or section 255.25, 255.26 or 255.27 of the penal 47 law, or an attempt to commit any felony under such articles or sections; 48 or in the case of a conviction for a class A misdemeanor, shall not 49 exceed three years from the date of such sentencing; or in the case of a 50 conviction for any other offense, shall not exceed one year from the 51 date of sentencing. For purposes of determining the duration of an order 52 of protection entered pursuant to this subdivision, a conviction shall 53 be deemed to include a conviction that has been replaced by a youthful 54 offender adjudication. In addition to any other conditions such an order 55 may require that the defendant:A. 6395 4 1 § 5. The criminal procedure law is amended by adding a new section 2 530.13-a to read as follows: 3 § 530.13-a Lifetime orders of protection in certain cases. 4 1. (a) Notwithstanding any provision of law to the contrary, a victim 5 of any felony under article one hundred twenty, one hundred twenty-five, 6 one hundred thirty, or one hundred thirty-five or section 255.25, 255.26 7 or 255.27 of the penal law, or any attempt to commit any such felony 8 offense, may file a petition for a lifetime order of protection against 9 the offender who was convicted of such crime in accordance with the 10 procedures set forth in this section. 11 (b) A petition for a lifetime order of protection pursuant to this 12 section may be filed by an unemancipated person under eighteen years of 13 age. Such petition shall be signed by one of the unemancipated person's 14 parents or guardians. The petition may also be signed by a caseworker at 15 a not-for-profit organization that receives funds from the office of 16 children and family services for family violence and child abuse 17 prevention and shelters; provided, however, that a petition signed by a 18 caseworker may not be filed against the unemancipated minor's parent or 19 legal guardian. In such case, unless the court finds that the action 20 would create a threat of serious harm to the minor, a copy of the peti- 21 tion and notice of hearing shall also be served on the parents of the 22 minor child, or if the parents are not living together and jointly 23 caring for the child, upon the primary custodial parent. In cases before 24 the family court where the office of children and family services is a 25 party or where a guardian ad litem has been appointed for the child by 26 the family court, the petition may be filed by the office or the guardi- 27 an ad litem. 28 2. Venue for a petition for a lifetime order of protection under this 29 section is in the county where the respondent resides or the county in 30 which the offense occurred. If the respondent is not a resident of this 31 state, the petition may be filed in the county where the petitioner 32 resides. 33 3. The court shall cause a copy of the petition and notice of the date 34 set for the hearing on such petition to be served upon the respondent at 35 least five days prior to the hearing. The notice shall advise the 36 respondent that he or she may be represented by counsel. In every case, 37 unless the court finds that the action would create a threat of serious 38 harm to the minor, when a petitioner is under eighteen years of age, a 39 copy of the petition, and notice of hearing shall also be served on the 40 parents of the minor child, or in the event that the parents are not 41 living together and jointly caring for the child, upon the primary resi- 42 dential parent, pursuant to the requirements of this section. 43 4. At the hearing on the petition, the court shall, if the petitioner 44 has proved the respondent was convicted of any felony under article one 45 hundred twenty, one hundred twenty-five, one hundred thirty, one hundred 46 thirty-five or two hundred sixty-three of the penal law, or an attempt 47 to commit a felony under such articles and that the petitioner was the 48 victim of the offense, issue a lifetime order of protection that remains 49 in effect for the lifetime of the petitioner or the respondent whichever 50 is shorter. If the petitioner has not provided proof that respondent was 51 convicted of such an offense and that the petitioner was the victim of 52 the offense, the court shall dismiss the petition. 53 5. A lifetime order of protection granted under this section shall: 54 (a) prohibit the respondent from coming about the petitioner for any 55 purpose, from telephoning, contacting, or otherwise communicating with 56 the petitioner, directly or indirectly;A. 6395 5 1 (b) include a statement of the maximum penalty that may be imposed 2 pursuant to subdivision seven of this section for violating such order; 3 and 4 (c) be valid and enforceable in any county of this state. 5 6. A lifetime order of protection is effective upon the date of issu- 6 ance and shall be served within one year of such date. 7 7. (a) Upon violation of a lifetime order of protection, the court may 8 hold the defendant in civil or criminal contempt and punish the defend- 9 ant in accordance with the law. 10 (b) In addition to the authorized punishments for contempt of court, a 11 judge may assess any person who violates a lifetime order of protection 12 a civil penalty of fifty dollars. The judge may further order that any 13 support payment made pursuant to an order of protection or a court-ap- 14 proved consent agreement be made under an income assignment to the clerk 15 of court. Upon collecting the civil penalty imposed by this subdivision, 16 the clerk shall, on a monthly basis, send the money to the state comp- 17 troller who shall deposit it in the domestic violence awareness fund 18 pursuant to section ninety-seven-yyy of the state finance law as added 19 by chapter 634 of the laws of 2002. 20 8. An arrest for violation of a lifetime order of protection issued 21 pursuant to this section may be with or without warrant. A law enforce- 22 ment officer shall arrest the respondent without a warrant if: 23 (a) the police officer or peace officer has proper jurisdiction over 24 the area in which the violation occurred; 25 (b) the police officer or peace officer has reasonable cause to 26 believe the respondent has violated or is in violation of a lifetime 27 order of protection; and 28 (c) the police officer or peace officer has verified whether a life- 29 time order of protection is in effect against the respondent. If neces- 30 sary, the officer may verify the existence of a lifetime order of 31 protection by telephone or radio communication with the appropriate law 32 enforcement agency. 33 § 6. This act shall take effect immediately; provided that the amend- 34 ments to the opening paragraph of subdivision 5 of section 530.12 of the 35 criminal procedure law made by section one of this act shall be subject 36 to the expiration and reversion of such paragraph pursuant to subdivi- 37 sion d of section 74 of chapter 3 of the laws of 1995, as amended, when 38 upon such date the provisions of section two of this act shall take 39 effect; and provided further that the amendments to the opening para- 40 graph of subdivision 4 of section 530.13 of the criminal procedure law 41 made by section three of this act shall be subject to the expiration and 42 reversion of such paragraph pursuant to subdivision d of section 74 of 43 chapter 3 of the laws of 1995, as amended, when upon such date the 44 provisions of section four of this act shall take effect.
