S. 306 2
VIOLENCE. SUCH TRAINING PROGRAMS MUST INCLUDE THE DYNAMICS OF DOMESTIC
VIOLENCE AND ITS EFFECT ON VICTIMS AND ON CHILDREN, AND THE RELATIONSHIP
BETWEEN SUCH DYNAMICS AND THE ISSUES CONSIDERED BY THE COURT, INCLUDING,
BUT NOT LIMITED TO, CUSTODY, VISITATION AND CHILD SUPPORT. SUCH TRAINING
PROGRAMS ALONG WITH THE PROVIDERS OF SUCH TRAINING MUST BE APPROVED BY
THE OFFICE OF COURT ADMINISTRATION FOLLOWING CONSULTATION WITH AND INPUT
FROM THE STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE; AND
3. REQUIRE THAT ALL ATTORNEYS FOR CHILDREN, INCLUDING NEW AND VETERAN
ATTORNEYS, RECEIVE INITIAL AND ONGOING TRAINING AS PROVIDED FOR IN THIS
SECTION.
(B) APPOINTMENTS OF ATTORNEYS FOR CHILDREN UNDER SECTION TWO HUNDRED
FORTY-NINE OF THIS PART SHALL BE IN CONFORMITY WITH THE RULES.
S 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 538 of the laws of 2008, is amended
to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section AND STATE ON THE RECORD HOW SUCH FINDINGS, FACTS AND
CIRCUMSTANCES FACTORED INTO THE DIRECTION. If a parent makes a good
faith allegation based on a reasonable belief supported by facts that
the child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the reasonable actions
taken based on that belief. If an allegation that a child is abused is
supported by a preponderance of the evidence, then the court shall
consider such evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
of harm to that child, AND SHALL STATE ON THE RECORD HOW SUCH FINDINGS
WERE FACTORED INTO THE DETERMINATION. An order directing the payment of
child support shall contain the social security numbers of the named
parties. In all cases there shall be no prima facie right to the custody
of the child in either parent. Such direction shall make provision for
child support out of the property of either or both parents. The court
S. 306 3
shall make its award for child support pursuant to subdivision one-b of
this section. Such direction may provide for reasonable visitation
rights to the maternal and/or paternal grandparents of any child of the
parties. Such direction as it applies to rights of visitation with a
child remanded or placed in the care of a person, official, agency or
institution pursuant to article ten of the family court act, or pursuant
to an instrument approved under section three hundred fifty-eight-a of
the social services law, shall be enforceable pursuant to part eight of
article ten of the family court act and sections three hundred fifty-
eight-a and three hundred eighty-four-a of the social services law and
other applicable provisions of law against any person having care and
custody, or temporary care and custody, of the child. Notwithstanding
any other provision of law, any written application or motion to the
court for the establishment, modification or enforcement of a child
support obligation for persons not in receipt of public assistance and
care must contain either a request for child support enforcement
services which would authorize the collection of the support obligation
by the immediate issuance of an income execution for support enforcement
as provided for by this chapter, completed in the manner specified in
section one hundred eleven-g of the social services law; or a statement
that the applicant has applied for or is in receipt of such services; or
a statement that the applicant knows of the availability of such
services, has declined them at this time and where support enforcement
services pursuant to section one hundred eleven-g of the social services
law have been declined that the applicant understands that an income
deduction order may be issued pursuant to subdivision (c) of section
fifty-two hundred forty-two of the civil practice law and rules without
other child support enforcement services and that payment of an adminis-
trative fee may be required. The court shall provide a copy of any such
request for child support enforcement services to the support collection
unit of the appropriate social services district any time it directs
payments to be made to such support collection unit. Additionally, the
copy of any such request shall be accompanied by the name, address and
social security number of the parties; the date and place of the
parties' marriage; the name and date of birth of the child or children;
and the name and address of the employers and income payors of the party
from whom child support is sought or from the party ordered to pay child
support to the other party. Such direction may require the payment of a
sum or sums of money either directly to the custodial parent or to third
persons for goods or services furnished for such child, or for both
payments to the custodial parent and to such third persons; provided,
however, that unless the party seeking or receiving child support has
applied for or is receiving such services, the court shall not direct
such payments to be made to the support collection unit, as established
in section one hundred eleven-h of the social services law. Every order
directing the payment of support shall require that if either parent
currently, or at any time in the future, has health insurance benefits
available that may be extended or obtained to cover the child, such
parent is required to exercise the option of additional coverage in
favor of such child and execute and deliver to such person any forms,
notices, documents or instruments necessary to assure timely payment of
any health insurance claims for such child.
S 3. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 326 of the laws of 2008,
is amended to read as follows:
S. 306 4
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, SEXUAL
MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL
ABUSE IN THE SECOND DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION
130.60 OF THE PENAL LAW, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, assault in the second degree,
assault in the third degree or an attempted assault between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this section, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
S 4. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 326 of the laws of 2008, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, SEXUAL
MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL
ABUSE IN THE SECOND DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION
130.60 OF THE PENAL LAW, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, assault in the second degree,
assault in the third degree or an attempted assault between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. For
purposes of this article, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this article, "members
of the same family or household" shall mean the following:
S 5. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 635 of the laws of 1999, is amended to read
as follows:
(a) An allegation that the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, SEXUAL MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE
THIRD DEGREE, SEXUAL ABUSE IN THE SECOND DEGREE AS SET FORTH IN SUBDIVI-
SION ONE OF SECTION 130.60 OF THE PENAL LAW, stalking, CRIMINAL
S. 306 5
MISCHIEF, menacing or reckless endangerment toward any such person;
[and]
S 6. Subdivision 5 of section 140.10 of the criminal procedure law, as
amended by chapter 626 of the laws of 1997, is amended to read as
follows:
5. Upon investigating a report of a crime or offense between members
of the same family or household as such terms are defined in section
530.11 of this chapter and section eight hundred twelve of the family
court act, a law enforcement officer shall prepare and file a written
report of the incident, on a form promulgated pursuant to section eight
hundred thirty-seven of the executive law, including statements made by
the victim and by any witnesses, and make any additional reports
required by local law enforcement policy or regulations. Such report
shall be prepared and filed, whether or not an arrest is made as a
result of the officers' investigation, and shall be retained by the law
enforcement agency for a period of not less than four years. Where the
reported incident involved an offense committed against a person who is
sixty-five years of age or older a copy of the report required by this
subdivision shall be sent to the New York state committee for the coor-
dination of police services to elderly persons established pursuant to
section eight hundred forty-four-b of the executive law. WHERE THE
REPORTED INCIDENT INVOLVED AN OFFENSE COMMITTED BY AN INDIVIDUAL KNOWN
BY THE LAW ENFORCEMENT OFFICER TO BE UNDER PROBATION OR PAROLE SUPER-
VISION, HE OR SHE SHALL TRANSMIT A COPY OF THE REPORT AS SOON AS PRACTI-
CABLE TO THE SUPERVISING PROBATION DEPARTMENT OR THE DIVISION OF PAROLE.
S 7. Paragraph (a) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 169 of the laws of 1994, is amended
to read as follows:
(a) every photograph of such person and photographic plate or proof,
and all palmprints and fingerprints taken or made of such person pursu-
ant to the provisions of this article in regard to the action or
proceeding terminated, and all duplicates and copies thereof, except a
digital fingerprint image where authorized pursuant to paragraph (e) of
this subdivision, EXCEPT FOR THE PALMPRINTS AND FINGERPRINTS CONCERNING
A DISPOSITION OF HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
240.26 OF THE PENAL LAW, COMMITTED AGAINST A MEMBER OF THE SAME FAMILY
OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, AND DETERMINED PURSUANT TO SUBDIVISION EIGHT-A
OF SECTION 170.10 OF THIS TITLE, shall forthwith be, at the discretion
of the recipient agency, either destroyed or returned to such person, or
to the attorney who represented such person at the time of the termi-
nation of the action or proceeding, at the address given by such person
or attorney during the action or proceeding, by the division of criminal
justice services and by any police department or law enforcement agency
having any such photograph, photographic plate or proof, palmprints or
fingerprints in its possession or under its control;
S 8. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 169 of the laws of 1994, is amended
to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
parte motion in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires that such records be
S. 306 6
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the New York
state division of parole when the accused is under parole supervision as
a result of conditional release or parole release granted by the New
York state board of parole and the arrest which is the subject of the
inquiry is one which occurred while the accused was under such super-
vision, or (v) the probation department responsible for supervision of
the accused when the arrest which is the subject of the inquiry is one
which occurred while the accused was under such supervision, OR (VI) A
POLICE AGENCY, PROBATION DEPARTMENT, SHERIFF'S OFFICE, DISTRICT ATTOR-
NEY'S OFFICE, DEPARTMENT OF CORRECTION OF ANY MUNICIPALITY AND PAROLE
DEPARTMENT, FOR LAW ENFORCEMENT PURPOSES, UPON ARREST IN INSTANCES IN
WHICH THE INDIVIDUAL STANDS CONVICTED OF HARASSMENT IN THE SECOND
DEGREE, AS DEFINED IN SECTION 240.26 OF THE PENAL LAW, COMMITTED AGAINST
A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, AND DETERMINED PURSU-
ANT TO SUBDIVISION EIGHT-A OF SECTION 170.10 OF THIS TITLE; and
S 9. Subdivision 4 of section 170.10 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
(E) WHERE AN INFORMATION, A SIMPLIFIED INFORMATION, A PROSECUTOR'S
INFORMATION, A MISDEMEANOR COMPLAINT, A FELONY COMPLAINT OR AN INDICT-
MENT CHARGES HARASSMENT IN THE SECOND DEGREE, AS DEFINED IN SECTION
240.26 OF THE PENAL LAW, IF THERE IS A JUDGMENT OF CONVICTION FOR SUCH
OFFENSE AND SUCH OFFENSE IS DETERMINED TO HAVE BEEN COMMITTED AGAINST A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE RECORD OF SUCH
CONVICTION SHALL BE ACCESSIBLE FOR LAW ENFORCEMENT PURPOSES AND NOT
SEALED, AS SPECIFIED IN PARAGRAPH (A) AND SUBPARAGRAPH (VI) OF PARAGRAPH
(D) OF SUBDIVISION ONE OF SECTION 160.55 OF THIS TITLE; AND
S 10. Subdivision 2 of section 160.55 of the criminal procedure law,
as added by chapter 142 of the laws of 1991, is amended to read as
follows:
2. A report of the termination of the action or proceeding by
conviction of a traffic violation or a violation other than a violation
of loitering as described in paragraph (d) or (e) of subdivision one of
section 160.10 of this [chapter] TITLE or the violation of operating a
motor vehicle while ability impaired as described in subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, shall
be sufficient notice of sealing to the commissioner of the division of
criminal justice services unless the report also indicates that the
court directed that the record not be sealed in the interests of
justice. Where the court has determined pursuant to subdivision one of
this section that sealing is not in the interests of justice, the clerk
of the court shall include notification of that determination in any
report to such division of the disposition of the action or proceeding.
WHEN THE DEFENDANT HAS BEEN FOUND GUILTY OF A VIOLATION OF HARASSMENT IN
THE SECOND DEGREE AND IT WAS DETERMINED PURSUANT TO SUBDIVISION EIGHT-A
OF SECTION 170.10 OF THIS TITLE THAT SUCH VIOLATION WAS COMMITTED
AGAINST A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT, THE
CLERK OF THE COURT SHALL INCLUDE NOTIFICATION OF THAT DETERMINATION IN
ANY REPORT TO SUCH DIVISION OF THE DISPOSITION OF THE ACTION OR PROCEED-
ING FOR PURPOSES OF PARAGRAPH (A) AND SUBPARAGRAPH (VI) OF PARAGRAPH (D)
OF SUBDIVISION ONE OF THIS SECTION.
S 11. Section 170.10 of the criminal procedure law is amended by
adding a new subdivision 8-a to read as follows:
S. 306 7
8-A. (A) WHERE AN INFORMATION, A SIMPLIFIED INFORMATION, A
PROSECUTOR'S INFORMATION, A MISDEMEANOR COMPLAINT, A FELONY COMPLAINT OR
AN INDICTMENT CHARGES HARASSMENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 240.26 OF THE PENAL LAW, THE PEOPLE MAY SERVE UPON THE DEFENDANT
AND FILE WITH THE COURT A NOTICE ALLEGING THAT SUCH OFFENSE WAS COMMIT-
TED AGAINST A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT,
AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER. SUCH
NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT ON AN INFOR-
MATION, A SIMPLIFIED INFORMATION, A PROSECUTOR'S INFORMATION, A MISDE-
MEANOR COMPLAINT, A FELONY COMPLAINT OR AN INDICTMENT FOR SUCH CHARGE
AND BEFORE TRIAL. SUCH NOTICE MUST INCLUDE THE NAME OF THE PERSON
ALLEGED TO BE A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT
AND SPECIFY THE SPECIFIC FAMILY OR HOUSEHOLD RELATIONSHIP AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
(B) IF A DEFENDANT, CHARGED WITH HARASSMENT IN THE SECOND DEGREE AS
DEFINED IN SECTION 240.26 OF THE PENAL LAW STIPULATES, OR ADMITS IN THE
COURSE OF A PLEA DISPOSITION, THAT THE PERSON AGAINST WHOM THE CHARGED
OFFENSE IS ALLEGED TO HAVE BEEN COMMITTED IS A MEMBER OF THE SAME FAMILY
OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, SUCH ALLEGATION SHALL BE DEEMED ESTABLISHED FOR
PURPOSES OF PARAGRAPH (A) AND SUBPARAGRAPH (VI) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION 160.55 OF THIS TITLE. IF THE DEFENDANT DENIES
SUCH ALLEGATION, THE PEOPLE MAY, BY PROOF BEYOND A REASONABLE DOUBT,
PROVE AS PART OF THEIR CASE THAT THE ALLEGED VICTIM OF SUCH OFFENSE WAS
A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT. IN SUCH
CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE ITS DETERMINATION WITH
RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRITING.
S 12. 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 AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS ARTICLE, the court may in
addition to any other disposition, including a conditional discharge or
youthful offender 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[,]: (A) in
the case of a felony 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 expiration of the maximum term of an indeterminate or
the term of a determinate sentence of imprisonment actually imposed; or
(B) in the case of a conviction for a class A misdemeanor, shall not
exceed THE GREATER OF: (I) five years from the date of such conviction,
OR (II) FIVE YEARS FROM THE DATE OF THE EXPIRATION OF THE MAXIMUM TERM
OF A DEFINITE OR INTERMITTENT TERM ACTUALLY IMPOSED; or (C) in the case
of a conviction for any other offense, shall not exceed THE GREATER OF:
(I) two years from the date of conviction, OR (II) TWO YEARS FROM THE
DATE OF THE EXPIRATION OF THE MAXIMUM TERM OF A DEFINITE OR INTERMITTENT
TERM ACTUALLY IMPOSED. For purposes of determining the duration of an
order of protection entered pursuant to this subdivision, a conviction
shall be deemed to include a conviction that has been replaced by a
youthful offender adjudication. In addition to any other conditions,
such an order may require the defendant:
S. 306 8
S 13. The opening paragraph of subdivision 4 of section 530.13 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 offense, where the court has not issued an
order of protection pursuant to section 530.12 of this article, the
court may, in addition to any other disposition, including a conditional
discharge or youthful offender 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[,]; (A) in the case of a felony 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 expiration of the maximum term of
an indeterminate or the term of a determinate sentence of imprisonment
actually imposed; or (B) in the case of a conviction for a class A
misdemeanor, shall not exceed THE GREATER OF: (I) five years from the
date of such conviction, OR (II) FIVE YEARS FROM THE DATE OF THE EXPIRA-
TION OF THE MAXIMUM TERM OF A DEFINITE OR INTERMITTENT TERM ACTUALLY
IMPOSED; or (C) in the case of a conviction for any other offense, shall
not exceed THE GREATER OF: (I) two years from the date of conviction, OR
(II) TWO YEARS FROM THE DATE OF THE EXPIRATION OF THE MAXIMUM TERM OF A
DEFINITE OR INTERMITTENT TERM ACTUALLY IMPOSED. For purposes of deter-
mining the duration of an order of protection entered pursuant to this
subdivision, a conviction shall be deemed to include a conviction that
has been replaced by a youthful offender adjudication. In addition to
any other conditions such an order may require that the defendant:
S 14. Consistent with available resources, the division of human
rights, in conjunction with the office for the prevention of domestic
violence, shall develop training programs where necessary to implement
subdivision 20 of section 296 of the executive law, as added by a chap-
ter of the laws of 2009.
S 15. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, sections seven, eight and ten of
this act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to convictions entered on or
after such effective date; provided, however, that sections nine and
eleven of this act shall take effect on the thirtieth day after it shall
have become a law; and provided, further, that the amendments to the
opening paragraph of subdivision 5 of section 530.12 and the opening
paragraph of subdivision 4 of section 530.13 of the criminal procedure
law made by sections twelve and thirteen of this act shall not affect
the expiration of such paragraphs and shall be deemed to expire there-
with.