Bill Text: NY A07367 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to duration of orders of protection in cases involving domestic violence.
Spectrum: Moderate Partisan Bill (Democrat 32-10)
Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A07367 Detail]
Download: New_York-2011-A07367-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7367 2011-2012 Regular Sessions I N A S S E M B L Y May 3, 2011 ___________ Introduced by M. of A. CAHILL -- 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 separately amended by chapters 325 and 341 of the laws of 2010, 3 is amended to read 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 24 issued pursuant to this section shall specify if an order of probation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10702-02-1 A. 7367 2 1 is in effect. Any order of protection issued pursuant to this section 2 may require the petitioner or the respondent: 3 S 2. The opening paragraph of subdivision 1 of section 1056 of the 4 family court act, as amended by chapter 622 of the laws of 1990, is 5 amended to read as follows: 6 The court may make an order of protection in assistance or as a condi- 7 tion of any other order made under this part. Such order of protection 8 shall remain in effect concurrently with, shall expire no later than the 9 expiration date of, and may be extended concurrently with, such other 10 order made under this part, except as provided in subdivision four of 11 this section. The order of protection may set forth reasonable condi- 12 tions of behavior to be observed for a specified time by a person who is 13 before the court and is a parent or a person legally responsible for the 14 child's care or the spouse of the parent or other person legally respon- 15 sible for the child's care, or both. IN CASES INVOLVING DOMESTIC 16 VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED BY THE PETITIONER OR 17 RESPONDENT FOR A PERIOD OF NO LESS THAN FIVE YEARS. Such an order may 18 require any such person 19 S 3. The opening paragraph of paragraph a of subdivision 3 of section 20 240 of the domestic relations law, as amended by chapter 597 of the laws 21 of 1998, is amended to read as follows: 22 The court may make an order of protection in assistance or as a condi- 23 tion of any other order made under this section. The order of 24 protection may set forth reasonable conditions of behavior to be 25 observed for a specified time by any party. IN CASES INVOLVING DOMESTIC 26 VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED FOR A PERIOD OF NO 27 LESS THAN FIVE YEARS. Such an order may require any party: 28 S 4. The opening paragraph of subdivision 5 of section 530.12 of the 29 criminal procedure law, as amended by section 1 of chapter 9 of the laws 30 of 2011, is amended to read as follows: 31 Upon sentencing on a conviction for any crime or violation between 32 spouses, between a parent and child, or between members of the same 33 family or household as defined in subdivision one of section 530.11 of 34 this article, the court may in addition to any other disposition, 35 including a conditional discharge or youthful offender adjudication, 36 enter an order of protection. Where a temporary order of protection was 37 issued, the court shall state on the record the reasons for issuing or 38 not issuing an order of protection. The duration of such an order shall 39 be fixed by the court and: (A) in the case of a felony conviction, shall 40 [not exceed the greater of] BE NO LESS THAN: (i) [eight] TEN years from 41 the date of such sentencing, or (ii) [eight] TEN years from the date of 42 the expiration of the maximum term of an indeterminate or the term of a 43 determinate sentence of imprisonment actually imposed; or (B) in the 44 case of a conviction for a class A misdemeanor, shall not exceed the 45 greater of: (i) five years from the date of such sentencing, or (ii) 46 five years from the date of the expiration of the maximum term of a 47 definite or intermittent term actually imposed; or (C) in the case of a 48 conviction for any other offense, shall not exceed the greater of: (i) 49 two years from the date of sentencing, or (ii) two years from the date 50 of the expiration of the maximum term of a definite or intermittent term 51 actually imposed. 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 55 order may require the defendant: A. 7367 3 1 S 5. The opening paragraph of subdivision 5 of section 530.12 of the 2 criminal procedure law, as amended by section 2 of chapter 9 of the laws 3 of 2011, 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, in the case of a felony conviction, shall 13 [not exceed the greater of] BE NO LESS THAN: (i) [five] TEN years from 14 the date of such sentencing, or (ii) [three] TEN years from the date of 15 the expiration of the maximum term of an indeterminate sentence of 16 imprisonment actually imposed; or in the case of a conviction for a 17 class A misdemeanor, shall not exceed three years from the date of such 18 sentencing; or in the case of a conviction for any other offense, shall 19 not exceed one year from the date of sentencing. For purposes of deter- 20 mining the duration of an order of protection entered pursuant to this 21 subdivision, a conviction shall be deemed to include a conviction that 22 has been replaced by a youthful offender adjudication. In addition to 23 any other conditions, such an order may require the defendant: 24 S 6. This act shall take effect immediately, provided that the amend- 25 ments to the opening paragraph of subdivision 5 of section 530.12 of the 26 criminal procedure law made by section four of this act shall take 27 effect on the same date and in the same manner as section 1 of chapter 9 28 of the laws of 2011, takes effect and shall be subject to the expiration 29 and reversion of such opening paragraph pursuant to section 74 of chap- 30 ter 3 of the laws of 1995, as amended, when upon, such date the 31 provisions of section five of this act shall take effect.