Assembly Bill A4787

2009-2010 Legislative Session

Provides for issuance of order of protection in criminal cases when defendant is found not responsible by reason of mental disease or defect

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4787 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4072
2013-2014: A4259
2015-2016: A4815
2017-2018: A3454
2019-2020: A5123

2009-A4787 (ACTIVE) - Summary

Provides for the issuance of orders of protection in family offense cases when defendant is found not responsible by reason of mental disease or defect, and the court issues an order of conditions in conjunction with such finding; such order of protection shall run concurrent with the order of conditions and any extensions thereof; also authorizes the issuance of a family offense order of protection in conjunction with an order of observation pursuant to article 730 of the criminal procedure law; such order shall have a term not to exceed three years following the final or temporary order of observation or from the release from the custody of the commissioner of mental health.

2009-A4787 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4787

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. RAIA, ALFANO, BURLING, FITZPATRICK, KOLB, McKEV-
  ITT -- Multi-Sponsored by -- M. of A. BARRA, CALHOUN,  CONTE,  ERRIGO,
  FINCH,  GIGLIO,  McDONOUGH,  TOWNSEND -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the  issuance
  of orders of protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 5 of section 530.12 of
the criminal procedure law, as amended by chapter 215  of  the  laws  of
2006, is amended to read as follows:
  Upon  conviction of any crime or violation between spouses, parent and
child, or between members of the same family or  household;  OR  WHEN  A
DEFENDANT IS FOUND NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT
FOR  SUCH A CRIME AND THE COURT PURSUANT TO SECTION 330.20 OF THIS CHAP-
TER ISSUES AN ORDER OF CONDITIONS; OR UPON THE ISSUANCE OF  A  FINAL  OR
TEMPORARY ORDER OF OBSERVATION, PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY
OF THIS PART, RELATING TO SUCH A CRIME, the court may in addition to any
other  disposition, including a conditional discharge or youthful offen-
der adjudication, enter an order of protection. Where a temporary  order
of  protection  was  issued,  the  court  shall  state on the record the
reasons for issuing or not issuing an order of protection.  The duration
of such an order shall be fixed by the court and, in the case of a felo-
ny conviction, shall not exceed the greater of: (i) eight years from the
date of such conviction, or (ii) eight years from the date of the  expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate  sentence  of  imprisonment  actually  imposed; or in the case of a
conviction for a class A misdemeanor, shall not exceed five  years  from
the  date  of  such  conviction;  or in the case of a conviction for any
other offense, shall not exceed two years from the date  of  conviction;
OR  IN  THE  CASE  OF  THE ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08476-01-9

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