S T A T E O F N E W Y O R K
________________________________________________________________________
1428
2011-2012 Regular Sessions
I N S E N A T E
January 7, 2011
___________
Introduced by Sens. SALAND, DeFRANCISCO, MAZIARZ -- 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 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, 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: (i) eight years from the date of such
[conviction] SENTENCING, 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 (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] 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 [conviction] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00910-01-1
S. 1428 2
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a conviction shall be deemed to include a conviction that has been
replaced by a youthful offender adjudication.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 2. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 384 of the laws of 2001,
is amended to read as follows:
Upon SENTENCING ON A conviction [of] 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: (i) five years from the date of such [conviction]
SENTENCING, or (ii) three 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 [conviction] SENTENCING; or
in the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] 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 3. The opening paragraph of subdivision 4 of section 530.13 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 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 issu-
ing 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, 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 (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] 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 [conviction] 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 that the defendant:
S. 1428 3
S 4. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by chapter 384 of the laws of 2001,
is amended to read as follows:
Upon SENTENCING ON A conviction [of] FOR 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 issu-
ing 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: (i) five years from the date of such [conviction]
SENTENCING, or (ii) three 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 [conviction] SENTENCING; or
in the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] 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 that the defendant:
S 5. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all criminal actions whenever
commenced provided sentence therein has not been imposed prior to such
effective date; provided, however, 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 one and three of this act shall be subject to the expiration
and reversion of such paragraphs pursuant to chapter 3 of the laws of
1995, as amended, when upon such date the provisions of sections two and
four of this act shall take effect.