S T A T E   O F   N E W   Y O R K
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                                 984--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
  ARROYO, AUBRY, CERETTO, COOK,  CRESPO,  CROUCH,  DUPREY,  ENGLEBRIGHT,
  FINCH,  GUNTHER,  HOOPER,  JAFFEE, LAVINE, MAGNARELLI, MARKEY, MILLER,
  ORTIZ, PERRY, RAIA, ROBINSON, SCHIMEL, TITONE, WEPRIN, WRIGHT, ZEBROW-
  SKI -- read once and referred to the Committee on Judiciary --  recom-
  mitted  to the Committee on Judiciary in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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 amended by chapter 526 of the laws of 2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04278-03-6
              

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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
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 526 of the laws of 2013, 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 526 of the laws
of 2013, 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 chapter 240 of the laws  of  2015,
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, [except] INCLUDING where the
sentence is or includes a sentence of probation on a  conviction  for  a
felony  sexual  assault,  as provided in subparagraph (iii) of paragraph
(a) of subdivision three of section 65.00 of the penal  law[,  in  which
case,  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 indeter-
minate 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,  except  where  the  sentence  is  or includes a sentence of

A. 984--A                           3

probation on a conviction for a misdemeanor sexual assault, as  provided
in  subparagraph  (ii)  of paragraph (b) of subdivision three of section
65.00 of the penal law, in which case, six 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:
  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 be subject
to the expiration and reversion of such opening  paragraph  pursuant  to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section five of this act shall take effect.