Bill Text: NY A07777 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the extension of an order of protection for aggravating circumstances; allows for a lifetime order of protection.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A07777 Detail]

Download: New_York-2023-A07777-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7777

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2023
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the family court act, in relation to the extension of an
          order of protection for aggravating circumstances

          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.  Any  finding of aggravating circumstances
    13  pursuant to this section shall be stated on  the  record  and  upon  the
    14  order  of protection. [The court may also, upon motion, extend the order
    15  of protection for a reasonable period of time upon  a  showing  of  good
    16  cause  or  consent  of  the parties] The court shall also, upon request,
    17  extend the order of protection for aggravating circumstances, as defined
    18  in paragraph (vii) of subdivision (a) of section eight  hundred  twenty-
    19  seven  of this article, to a lifetime order of protection. The fact that
    20  abuse has not occurred during the pendency of an  order  shall  not,  in
    21  itself,  constitute  sufficient  ground for denying or failing to extend
    22  the order. The court must articulate a basis for  its  decision  on  the
    23  record.  The  duration  of  any temporary order shall not by itself be a
    24  factor in determining the length or issuance of  any  final  order.  Any
    25  order  of protection issued pursuant to this section shall specify if an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00034-01-3
        A. 7777                             2

     1  order of probation is in effect. Any order of protection issued pursuant
     2  to this section may require the petitioner or the respondent:
     3    § 2. This act shall take effect immediately.