Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
Jan 05, 2011 |
referred to codes |
Assembly Bill A87
2011-2012 Legislative Session
Sponsored By
PAULIN
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
Actions
co-Sponsors
Nettie Mayersohn
Sandy Galef
Jeffrey Dinowitz
Vivian Cook
multi-Sponsors
Barbara Clark
Dennis H. Gabryszak
Deborah Glick
George Latimer
2011-A87 (ACTIVE) - Details
2011-A87 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 87 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PAULIN, MAYERSOHN, GALEF, DINOWITZ, COOK, WEISEN- BERG, BENEDETTO, JAFFEE, TITUS, N. RIVERA -- Multi-Sponsored by -- M. of A. CLARK, GABRYSZAK, GLICK, LATIMER, McDONOUGH, McENENY, PEOPLES-STOKES, PHEFFER, SWEENEY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to determining the expiration date of an order 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 476 of the laws of 2009, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any crime or violation between spouses[,] OR FORMER SPOUSES, BETWEEN A parent and child, or between members of the same family or household as defined in subdivi- sion 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] SENTENCING, EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A FELONY SEXUAL ASSAULT, AS DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF THE PENAL LAW, IN WHICH CASE, TEN YEARS FROM THE DATE OF SUCH SENTENCING, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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