S T A T E   O F   N E W   Y O R K
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                                  7367

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

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

AN ACT to amend the family court act, the domestic relations law and the
  criminal  procedure  law, in relation to orders of protection in cases
  involving domestic violence

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

  Section  1.  The  opening paragraph of section 842 of the family court
act, as separately amended by chapters 325 and 341 of the laws of  2010,
is amended to read as follows:
  An  order  of protection under section eight hundred forty-one of this
part shall set forth reasonable conditions of behavior  to  be  observed
for  a period not in excess of two years by the petitioner or respondent
or for a period not in excess of five years upon (i) a  finding  by  the
court  on  the  record  of the existence of aggravating circumstances as
defined in paragraph (vii) of subdivision (a) of section  eight  hundred
twenty-seven  of  this  article;  or  (ii) a finding by the court on the
record that the conduct alleged in the petition is  in  violation  of  a
valid  order  of  protection.   IN CASES INVOLVING DOMESTIC VIOLENCE, AN
ORDER OF PROTECTION SHALL BE OBSERVED BY THE  PETITIONER  OR  RESPONDENT
FOR  A  PERIOD  OF  NO  LESS THAN FIVE YEARS. Any finding of aggravating
circumstances pursuant to this section shall be stated on the record and
upon the order of protection. The court may also,  upon  motion,  extend
the  order  of protection for a reasonable period of time upon a showing
of good cause or consent of the parties. The fact  that  abuse  has  not
occurred  during  the pendency of an order shall not, in itself, consti-
tute sufficient ground for denying or failing to extend the  order.  The
court  must articulate a basis for its decision on the record. The dura-
tion of any temporary order shall not by itself be a factor in determin-
ing the length or issuance of any final order.  Any order of  protection
issued  pursuant  to this section shall specify if an order of probation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10702-02-1
              

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is in effect. Any order of protection issued pursuant  to  this  section
may require the petitioner or the respondent:
  S  2.  The  opening  paragraph of subdivision 1 of section 1056 of the
family court act, as amended by chapter 622 of  the  laws  of  1990,  is
amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion  of  any other order made under this part. Such order of protection
shall remain in effect concurrently with, shall expire no later than the
expiration date of, and may be extended concurrently  with,  such  other
order  made  under  this part, except as provided in subdivision four of
this section. The order of protection may set  forth  reasonable  condi-
tions of behavior to be observed for a specified time by a person who is
before the court and is a parent or a person legally responsible for the
child's care or the spouse of the parent or other person legally respon-
sible  for  the  child's  care,  or  both.   IN CASES INVOLVING DOMESTIC
VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED BY THE PETITIONER  OR
RESPONDENT  FOR  A  PERIOD OF NO LESS THAN FIVE YEARS. Such an order may
require any such person
  S 3. The opening paragraph of paragraph a of subdivision 3 of  section
240 of the domestic relations law, as amended by chapter 597 of the laws
of 1998, is amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion  of  any  other  order  made  under  this  section.    The order of
protection may  set  forth  reasonable  conditions  of  behavior  to  be
observed for a specified time by any party.  IN CASES INVOLVING DOMESTIC
VIOLENCE,  AN  ORDER  OF PROTECTION SHALL BE OBSERVED FOR A PERIOD OF NO
LESS THAN FIVE YEARS. Such an order may require any party:
  S 4. The opening paragraph of subdivision 5 of section 530.12  of  the
criminal procedure law, as amended by section 1 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon  sentencing  on  a  conviction for any crime or violation between
spouses, between a 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] BE NO LESS THAN:  (i) [eight] TEN years from
the  date of such sentencing, or (ii) [eight] TEN 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 sentencing, 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 sentencing, 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:

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  S 5. The opening paragraph of subdivision 5 of section 530.12  of  the
criminal procedure law, as amended by section 2 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon  sentencing  on  a  conviction for any crime or violation between
spouses, between a 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, in the case of a felony conviction, shall
[not exceed the greater of] BE NO LESS THAN:  (i) [five] TEN years  from
the  date of such sentencing, or (ii) [three] TEN years from the date of
the expiration of the maximum  term  of  an  indeterminate  sentence  of
imprisonment  actually  imposed;  or  in  the case of a conviction for a
class A misdemeanor, shall not exceed three years from the date of  such
sentencing;  or in the case of a conviction for any other offense, shall
not exceed one year from the date of sentencing. 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 the defendant:
  S 6. This act shall take effect immediately, provided that the  amend-
ments to the opening paragraph of subdivision 5 of section 530.12 of the
criminal  procedure  law  made  by  section  four of this act shall take
effect on the same date and in the same manner as section 1 of chapter 9
of the laws of 2011, takes effect and shall be subject to the expiration
and reversion of such opening paragraph pursuant to section 74 of  chap-
ter  3  of  the  laws  of  1995,  as  amended,  when upon, such date the
provisions of section five of this act shall take effect.