Bill Text: NY A07231 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to duration of orders of protection in cases involving domestic violence.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced) 2024-01-03 - referred to judiciary [A07231 Detail]
Download: New_York-2023-A07231-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7231 2023-2024 Regular Sessions IN ASSEMBLY May 15, 2023 ___________ Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY, COOK, GUNTHER, MAGNARELLI, RA, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, the domestic relations law and the criminal procedure law, in relation to orders of protection in cases involving domestic violence 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 section 842 of the family court 2 act, as amended by chapter 335 of the laws of 2019, is amended to read 3 as follows: 4 An order of protection under section eight hundred forty-one of this 5 part shall set forth reasonable conditions of behavior to be observed 6 for a period not in excess of two years by the petitioner or respondent 7 or for a period not in excess of five years upon (i) a finding by the 8 court on the record of the existence of aggravating circumstances as 9 defined in paragraph (vii) of subdivision (a) of section eight hundred 10 twenty-seven of this article; or (ii) a finding by the court on the 11 record that the conduct alleged in the petition is in violation of a 12 valid order of protection. In cases involving domestic violence, an 13 order of protection shall be observed by the petitioner or respondent 14 for a period of no less than five years. Any finding of aggravating 15 circumstances pursuant to this section shall be stated on the record and 16 upon the order of protection. The court may also, upon motion, extend 17 the order of protection for a reasonable period of time upon a showing 18 of good cause or consent of the parties. The fact that abuse has not 19 occurred during the pendency of an order shall not, in itself, consti- 20 tute sufficient ground for denying or failing to extend the order. The 21 court must articulate a basis for its decision on the record. The dura- 22 tion of any temporary order shall not by itself be a factor in determin- 23 ing the length or issuance of any final order. Any order of protection EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09702-01-3A. 7231 2 1 issued pursuant to this section shall specify if an order of probation 2 is in effect. Any order of protection issued pursuant to this section 3 may require the petitioner or the respondent: 4 § 2. The opening paragraph of subdivision 1 of section 1056 of the 5 family court act, as amended by chapter 526 of the laws of 2013, is 6 amended to read as follows: 7 The court may make an order of protection in assistance or as a condi- 8 tion of any other order made under this part. Such order of protection 9 shall remain in effect concurrently with, shall expire no later than the 10 expiration date of, and may be extended concurrently with, such other 11 order made under this part, except as provided in subdivision four of 12 this section. The order of protection may set forth reasonable condi- 13 tions of behavior to be observed for a specified time by a person who is 14 before the court and is a parent or a person legally responsible for the 15 child's care or the spouse of the parent or other person legally respon- 16 sible for the child's care, or both. In cases involving domestic 17 violence, an order of protection shall be observed by the petitioner or 18 respondent for a period of no less than five years. Such an order may 19 require any such person 20 § 3. The opening paragraph of paragraph a of subdivision 3 of section 21 240 of the domestic relations law, as amended by chapter 526 of the laws 22 of 2013, is amended to read as follows: 23 The court may make an order of protection in assistance or as a condi- 24 tion of any other order made under this section. The order of 25 protection may set forth reasonable conditions of behavior to be 26 observed for a specified time by any party. In cases involving domestic 27 violence, an order of protection shall be observed for a period of no 28 less than five years. Such an order may require any party: 29 § 4. The opening paragraph of subdivision 5 of section 530.12 of the 30 criminal procedure law, as amended by chapter 240 of the laws of 2015, 31 is amended to read as follows: 32 Upon sentencing on a conviction for any crime or violation between 33 spouses, between a parent and child, or between members of the same 34 family or household as defined in subdivision one of section 530.11 of 35 this article, the court may in addition to any other disposition, 36 including a conditional discharge or youthful offender adjudication, 37 enter an order of protection. Where a temporary order of protection was 38 issued, the court shall state on the record the reasons for issuing or 39 not issuing an order of protection. The duration of such an order shall 40 be fixed by the court and: (A) in the case of a felony conviction, 41 [shall not exceed the greater of] be no less than: (i) [eight] ten 42 years from the date of such sentencing, [except] including where the 43 sentence is or includes a sentence of probation on a conviction for a 44 felony sexual assault, as provided in subparagraph (iii) of paragraph 45 (a) of subdivision three of section 65.00 of the penal law[, in which46case, ten years from the date of such sentencing], or (ii) [eight] ten 47 years from the date of the expiration of the maximum term of an indeter- 48 minate or the term of a determinate sentence of imprisonment actually 49 imposed; or (B) in the case of a conviction for a class A misdemeanor, 50 shall not exceed the greater of: (i) five years from the date of such 51 sentencing, except where the sentence is or includes a sentence of 52 probation on a conviction for a misdemeanor sexual assault, as provided 53 in subparagraph (ii) of paragraph (b) of subdivision three of section 54 65.00 of the penal law, in which case, six years from the date of such 55 sentencing, or (ii) five years from the date of the expiration of the 56 maximum term of a definite or intermittent term actually imposed; or (C)A. 7231 3 1 in the case of a conviction for any other offense, shall not exceed the 2 greater of: (i) two years from the date of sentencing, or (ii) two years 3 from the date of the expiration of the maximum term of a definite or 4 intermittent term actually imposed. For purposes of determining the 5 duration of an order of protection entered pursuant to this subdivision, 6 a conviction shall be deemed to include a conviction that has been 7 replaced by a youthful offender adjudication. In addition to any other 8 conditions, such an order may require the defendant: 9 § 5. The opening paragraph of subdivision 5 of section 530.12 of the 10 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 11 amended to read as follows: 12 Upon sentencing on a conviction for any crime or violation between 13 spouses, between a parent and child, or between members of the same 14 family or household as defined in subdivision one of section 530.11 of 15 this article, the court may in addition to any other disposition, 16 including a conditional discharge or youthful offender adjudication, 17 enter an order of protection. Where a temporary order of protection was 18 issued, the court shall state on the record the reasons for issuing or 19 not issuing an order of protection. The duration of such an order shall 20 be fixed by the court and, in the case of a felony conviction, shall 21 [not exceed the greater of] be no less than: (i) [five] ten years from 22 the date of such sentencing, or (ii) [three] ten years from the date of 23 the expiration of the maximum term of an indeterminate sentence of 24 imprisonment actually imposed; or in the case of a conviction for a 25 class A misdemeanor, shall not exceed three years from the date of such 26 sentencing; or in the case of a conviction for any other offense, shall 27 not exceed one year from the date of sentencing. For purposes of deter- 28 mining the duration of an order of protection entered pursuant to this 29 subdivision, a conviction shall be deemed to include a conviction that 30 has been replaced by a youthful offender adjudication. In addition to 31 any other conditions, such an order may require the defendant: 32 § 6. This act shall take effect immediately, provided that the amend- 33 ments to the opening paragraph of subdivision 5 of section 530.12 of the 34 criminal procedure law made by section four of this act shall be subject 35 to the expiration and reversion of such opening paragraph pursuant to 36 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 37 date the provisions of section five of this act shall take effect.