S T A T E O F N E W Y O R K ________________________________________________________________________ 1428 2011-2012 Regular Sessions I N S E N A T E January 7, 2011 ___________ Introduced by Sens. SALAND, DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law, in relation to determining the expiration date of an order of protection 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 476 of the laws of 3 2009, is amended to read as follows: 4 Upon SENTENCING ON A conviction [of] FOR any crime or violation 5 between spouses, BETWEEN A parent and child, or between members of the 6 same family or household as defined in subdivision one of section 530.11 7 of 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 [conviction] SENTENCING, or (ii) eight years from the date of the expi- 15 ration of the maximum term of an indeterminate or the term of a determi- 16 nate sentence of imprisonment actually imposed; or (B) in the case of a 17 conviction for a class A misdemeanor, shall not exceed the greater of: 18 (i) five years from the date of such [conviction] SENTENCING, or (ii) 19 five years from the date of the expiration of the maximum term of a 20 definite 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 [conviction] SENTENCING, or (ii) two years 23 from the date of the expiration of the maximum term of a definite or 24 intermittent term actually imposed. For purposes of determining the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00910-01-1 S. 1428 2 1 duration of an order of protection entered pursuant to this subdivision, 2 a conviction shall be deemed to include a conviction that has been 3 replaced by a youthful offender adjudication. In addition to any other 4 conditions, such an order may require the defendant: 5 S 2. The opening paragraph of subdivision 5 of section 530.12 of the 6 criminal procedure law, as amended by chapter 384 of the laws of 2001, 7 is amended to read as follows: 8 Upon SENTENCING ON A conviction [of] FOR any crime or violation 9 between spouses, BETWEEN A parent and child, or between members of the 10 same family or household AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 11 OF THIS ARTICLE, the court may in addition to any other disposition, 12 including a conditional discharge or youthful offender adjudication, 13 enter an order of protection. Where a temporary order of protection was 14 issued, the court shall state on the record the reasons for issuing or 15 not issuing an order of protection. The duration of such an order shall 16 be fixed by the court and, in the case of a felony conviction, shall not 17 exceed the greater of: (i) five years from the date of such [conviction] 18 SENTENCING, or (ii) three years from the date of the expiration of the 19 maximum term of an indeterminate sentence of imprisonment actually 20 imposed; or in the case of a conviction for a class A misdemeanor, shall 21 not exceed three years from the date of such [conviction] SENTENCING; or 22 in the case of a conviction for any other offense, shall not exceed one 23 year from the date of [conviction] SENTENCING. For purposes of deter- 24 mining the duration of an order of protection entered pursuant to this 25 subdivision, a conviction shall be deemed to include a conviction that 26 has been replaced by a youthful offender adjudication. In addition to 27 any other conditions, such an order may require the defendant: 28 S 3. The opening paragraph of subdivision 4 of section 530.13 of the 29 criminal procedure law, as amended by chapter 476 of the laws of 2009, 30 is amended to read as follows: 31 Upon SENTENCING ON A conviction [of] FOR any offense, where the court 32 has not issued an order of protection pursuant to section 530.12 of this 33 article, the court may, in addition to any other disposition, including 34 a conditional discharge or youthful offender adjudication, enter an 35 order of protection. Where a temporary order of protection was issued, 36 the court shall state on the record the reasons for issuing or not issu- 37 ing an order of protection. The duration of such an order shall be fixed 38 by the court and; (A) in the case of a felony conviction, shall not 39 exceed the greater of: (i) eight years from the date of such 40 [conviction] SENTENCING, or (ii) eight years from the date of the expi- 41 ration of the maximum term of an indeterminate or the term of a determi- 42 nate sentence of imprisonment actually imposed; or (B) in the case of a 43 conviction for a class A misdemeanor, shall not exceed the greater of: 44 (i) five years from the date of such [conviction] SENTENCING, or (ii) 45 five years from the date of the expiration of the maximum term of a 46 definite or intermittent term actually imposed; or (C) in the case of a 47 conviction for any other offense, shall not exceed the greater of: (i) 48 two years from the date of [conviction] SENTENCING, or (ii) two years 49 from the date of the expiration of the maximum term of a definite or 50 intermittent term actually imposed. For purposes of determining the 51 duration of an order of protection entered pursuant to this subdivision, 52 a conviction shall be deemed to include a conviction that has been 53 replaced by a youthful offender adjudication. In addition to any other 54 conditions such an order may require that the defendant: S. 1428 3 1 S 4. The opening paragraph of subdivision 4 of section 530.13 of the 2 criminal procedure law, as amended by chapter 384 of the laws of 2001, 3 is amended to read as follows: 4 Upon SENTENCING ON A conviction [of] FOR any offense, where the court 5 has not issued an order of protection pursuant to section 530.12 of this 6 article, the court may, in addition to any other disposition, including 7 a conditional discharge or youthful offender adjudication, enter an 8 order of protection. Where a temporary order of protection was issued, 9 the court shall state on the record the reasons for issuing or not issu- 10 ing an order of protection. The duration of such an order shall be fixed 11 by the court and, in the case of a felony conviction, shall not exceed 12 the greater of: (i) five years from the date of such [conviction] 13 SENTENCING, or (ii) three years from the date of the expiration of the 14 maximum term of an indeterminate sentence of imprisonment actually 15 imposed; or in the case of a conviction for a class A misdemeanor, shall 16 not exceed three years from the date of such [conviction] SENTENCING; or 17 in the case of a conviction for any other offense, shall not exceed one 18 year from the date of [conviction] SENTENCING. For purposes of deter- 19 mining the duration of an order of protection entered pursuant to this 20 subdivision, a conviction shall be deemed to include a conviction that 21 has been replaced by a youthful offender adjudication. In addition to 22 any other conditions such an order may require that the defendant: 23 S 5. This act shall take effect on the thirtieth day after it shall 24 have become a law and shall apply to all criminal actions whenever 25 commenced provided sentence therein has not been imposed prior to such 26 effective date; provided, however, that the amendments to the opening 27 paragraph of subdivision 5 of section 530.12 and the opening paragraph 28 of subdivision 4 of section 530.13 of the criminal procedure law made by 29 sections one and three of this act shall be subject to the expiration 30 and reversion of such paragraphs pursuant to chapter 3 of the laws of 31 1995, as amended, when upon such date the provisions of sections two and 32 four of this act shall take effect.