Bill Text: NY S01611 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides a mandatory jail sentence for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CHILDREN AND FAMILIES [S01611 Detail]
Download: New_York-2017-S01611-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1611 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sen. GOLDEN -- 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 orders of protection for family and non-family offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 530.12 of the criminal procedure 2 law, as amended by chapter 498 of the laws of 1993, the opening para- 3 graph as amended by chapter 597 of the laws of 1998, paragraph (a) as 4 amended by chapter 222 of the laws of 1994 and paragraph (d) as amended 5 by chapter 644 of the laws of 1996, is amended to read as follows: 6 11. If a defendant is brought before the court for failure to obey any 7 lawful order issued under this section, or an order of protection issued 8 by a court of competent jurisdiction in another state, territorial or 9 tribal jurisdiction, and if, after hearing, the court is satisfied by 10 competent proof that the defendant has willfully failed to obey any such 11 order, the court [may] shall: 12 (a) revoke an order of recognizance or revoke an order of bail or 13 order forfeiture of such bail and commit the defendant to custody for a 14 minimum period of thirty days; or 15 (b) restore the case to the calendar when there has been an adjourn- 16 ment in contemplation of dismissal and commit the defendant to custody 17 for a minimum period of thirty days; or 18 (c) revoke a conditional discharge in accordance with section 410.70 19 of this chapter and impose probation supervision or impose a sentence of 20 imprisonment in accordance with the penal law based on the original 21 conviction for a minimum period of thirty days; or 22 (d) revoke probation in accordance with section 410.70 of this chapter 23 and impose a sentence of imprisonment in accordance with the penal law 24 based on the original conviction for a minimum period of thirty days. In 25 addition, if the act which constitutes the violation of the order of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06037-01-7S. 1611 2 1 protection or temporary order of protection is a crime or a violation 2 the defendant may be charged with and tried for that crime or violation. 3 § 2. Section 530.12 of the criminal procedure law is amended by adding 4 a new subdivision 11-a to read as follows: 5 11-a. In addition to the penalties set forth in subdivision eleven of 6 this section, if a defendant has been previously convicted of an offense 7 set forth in title H of part three of the penal law, the court shall 8 order that the defendant be equipped with a global positioning system 9 device which shall reliably monitor, track and locate the position of 10 such defendant. Such defendant shall be equipped with such global posi- 11 tioning device for the duration of such order of protection or temporary 12 order of protection or any renewal thereof. 13 § 3. Subdivision 8 of section 530.13 of the criminal procedure law, as 14 added by chapter 388 of the laws of 1984, is amended to read as follows: 15 8. If a defendant is brought before the court for failure to obey any 16 lawful order issued under this section and if, after hearing, the court 17 is satisfied by competent proof that the defendant has willfully failed 18 to obey any such order, the court [may] shall: 19 (a) revoke an order of recognizance or bail and commit the defendant 20 to custody for a minimum period of thirty days; or 21 (b) restore the case to the calendar when there has been an adjourn- 22 ment in contemplation of dismissal and commit the defendant to custody 23 [or impose or increase bail pending a trial of the original crime or24violation] for a minimum period of thirty days; or 25 (c) revoke a conditional discharge in accordance with section 410.70 26 of this chapter and [impose probation supervision or] impose a sentence 27 of imprisonment in accordance with the penal law based on the original 28 conviction which shall be for a minimum period of thirty days; or 29 (d) revoke probation in accordance with section 410.70 of this chapter 30 and impose a sentence of imprisonment in accordance with the penal law 31 based on the original conviction which shall be for a minimum period of 32 thirty days. In addition, if the act which constitutes the violation of 33 the order of protection or temporary order of protection is a crime or a 34 violation the defendant may be charged with and tried for that crime or 35 violation. 36 § 4. Subdivision 9 of section 530.13 of the criminal procedure law, as 37 renumbered by chapter 388 of the laws of 1984, is renumbered subdivision 38 10 and a new subdivision 9 is added to read as follows: 39 9. In addition to the penalties set forth in subdivision eight of this 40 section, if a defendant has been previously convicted of an offense set 41 forth in title H of part three of the penal law, the court shall order 42 that the defendant be equipped with a global positioning system device 43 which shall reliably monitor, track and locate the position of such 44 defendant. Such defendant shall be equipped with such global positioning 45 device for the duration of such order of protection or temporary order 46 of protection or any renewal thereof. 47 § 5. This act shall take effect on the sixtieth day after it shall 48 have become a law.
