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

                                  4259

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

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:

  Section 1.  Subdivision 11 of section 530.12 of the criminal procedure
law, as amended by chapter 498 of the laws of 1993,  the  opening  para-
graph  as  amended  by chapter 597 of the laws of 1998, paragraph (a) as
amended by chapter 222 of the laws of 1994 and paragraph (d) as  amended
by chapter 644 of the laws of 1996, is amended to read as follows:
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by  a  court  of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
competent proof that the defendant has willfully failed to obey any such
order, the court [may] SHALL:
  (a)  revoke  an  order  of  recognizance or revoke an order of bail or
order forfeiture of such bail and commit the defendant to custody FOR  A
MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c)  revoke  a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal  law  based  on  the  original
conviction FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction FOR A MINIMUM PERIOD OF THIRTY DAYS. In
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.
                                                           LBD05539-05-1
              

S. 4259                             2

protection  or  temporary  order of protection is a crime or a violation
the defendant may be charged with and tried for that crime or violation.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 11-a to read as follows:
  11-A.  IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ELEVEN OF
THIS SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE
SET  FORTH  IN  TITLE  H OF PART THREE OF THE PENAL LAW, THE COURT SHALL
ORDER THAT THE DEFENDANT BE EQUIPPED WITH A  GLOBAL  POSITIONING  SYSTEM
DEVICE  WHICH  SHALL  RELIABLY MONITOR, TRACK AND LOCATE THE POSITION OF
SUCH DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL  POSI-
TIONING DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER OF PROTECTION OR
ANY RENEWAL THEREOF.
  S 3. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, is amended to read as follows:
  8.  If a defendant is brought before the court for failure to obey any
lawful order issued under this section and if, after hearing, the  court
is  satisfied by competent proof that the defendant has willfully failed
to obey any such order, the court [may] SHALL:
  (a) revoke an order of recognizance or bail and commit  the  defendant
to custody FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
[or  impose  or  increase  bail pending a trial of the original crime or
violation] FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c) revoke a conditional discharge in accordance with  section  410.70
of  this chapter and [impose probation supervision or] impose a sentence
of imprisonment in accordance with the penal law based on  the  original
conviction WHICH SHALL BE FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction WHICH SHALL BE FOR A MINIMUM PERIOD  OF
THIRTY DAYS.  In addition, if the act which constitutes the violation of
the order of protection or temporary order of protection is a crime or a
violation  the defendant may be charged with and tried for that crime or
violation.
  S 4. Subdivision 9 of section 530.13 of the criminal procedure law, as
renumbered by chapter 388 of the laws of 1984, is renumbered subdivision
10 and a new subdivision 9 is added to read as follows:
  9. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE  SET
FORTH  IN  TITLE H OF PART THREE OF THE PENAL LAW, THE COURT SHALL ORDER
THAT THE DEFENDANT BE EQUIPPED WITH A GLOBAL POSITIONING  SYSTEM  DEVICE
WHICH  SHALL  RELIABLY  MONITOR,  TRACK  AND LOCATE THE POSITION OF SUCH
DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL POSITIONING
DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER  OF  PROTECTION  OR  ANY
RENEWAL THEREOF.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.