S T A T E O F N E W Y O R K
________________________________________________________________________
4340
2015-2016 Regular Sessions
I N S E N A T E
March 16, 2015
___________
Introduced by Sen. SERINO -- 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 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 OR FORMER 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 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 date of such sentencing,
EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF PROBATION ON A
CONVICTION FOR A CLASS A MISDEMEANOR SEXUAL ASSAULT, AS DEFINED IN
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05050-01-5
S. 4340 2
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 THIS SUBDIVISION ONLY, IN CALCULATING THE EXPIRATION DATE OF
THE MAXIMUM TERM OF AN INDETERMINATE OR THE TERM OF A DETERMINATE
SENTENCE OF IMPRISONMENT ACTUALLY IMPOSED, THE COURT SHALL DISREGARD ANY
JAIL TIME CREDIT THAT MAY BE APPLIED AGAINST THE DEFENDANT'S SENTENCE
PURSUANT TO SUBDIVISION THREE OF SECTION 70.30 OF THE PENAL LAW, AND
SHALL, IN ADDITION, WITH RESPECT TO A DETERMINATE SENTENCE, CALCULATE
THE EXPIRATION DATE OF THE TERM OF SUCH SENTENCE BY ADDING THE FULL TERM
OF THE IMPRISONMENT PORTION OF SUCH SENTENCE AS IMPOSED BY THE COURT AND
THE FULL PERIOD OF POST-RELEASE SUPERVISION IMPOSED IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW. 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 2. 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 OR FORMER 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) [five] EIGHT years from
the date of such 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) [three] EIGHT
years from the date of the expiration of the maximum term of an indeter-
minate OR THE TERM OF THE DETERMINATE sentence of imprisonment actually
imposed; or (B) in the case of a conviction for a class A misdemeanor,
shall not exceed [three] THE GREATER OF: (I) FIVE years from the date of
such sentencing EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF
PROBATION ON A CONVICTION FOR A CLASS A MISDEMEANOR SEXUAL ASSAULT, AS
DEFINED IN 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 EXPIRATION OF THE MAXIMUM TERM OF A DEFINITE OR INTER-
MITTENT TERM ACTUALLY IMPOSED; or (C) in the case of a conviction for
any other offense, shall not exceed [one year from the date of sentenc-
ing] 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 DEFI-
NITE OR INTERMITTENT TERM ACTUALLY IMPOSED. FOR PURPOSES OF THIS SUBDI-
VISION ONLY, IN CALCULATING THE EXPIRATION DATE OF THE MAXIMUM TERM OF
AN INDETERMINATE OR THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT
ACTUALLY IMPOSED, THE COURT SHALL DISREGARD ANY JAIL TIME CREDIT THAT
MAY BE APPLIED AGAINST THE DEFENDANT'S SENTENCE PURSUANT TO SUBDIVISION
THREE OF SECTION 70.30 OF THE PENAL LAW, AND SHALL, IN ADDITION, WITH
RESPECT TO A DETERMINATE SENTENCE, CALCULATE THE EXPIRATION DATE OF THE
S. 4340 3
TERM OF SUCH SENTENCE BY ADDING THE FULL TERM OF THE IMPRISONMENT
PORTION OF SUCH SENTENCE AS IMPOSED BY THE COURT AND THE FULL PERIOD OF
POST-RELEASE SUPERVISION IMPOSED IN ACCORDANCE WITH SUBDIVISION TWO OF
SECTION 70.45 OF THE PENAL LAW. 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 3. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 3 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction 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 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 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 sentencing, EXCEPT WHERE THE
SENTENCE IS OR INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A
CLASS A MISDEMEANOR SEXUAL ASSAULT, AS DEFINED IN 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 THIS SUBDIVISION
ONLY, IN CALCULATING THE EXPIRATION DATE OF THE MAXIMUM TERM OF AN INDE-
TERMINATE OR THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT ACTUALLY
IMPOSED, THE COURT SHALL DISREGARD ANY JAIL TIME CREDIT THAT MAY BE
APPLIED AGAINST THE DEFENDANT'S SENTENCE PURSUANT TO SUBDIVISION THREE
OF SECTION 70.30 OF THE PENAL LAW, AND SHALL, IN ADDITION, WITH RESPECT
TO A DETERMINATE SENTENCE, CALCULATE THE EXPIRATION DATE OF THE TERM OF
SUCH SENTENCE BY ADDING THE FULL TERM OF THE IMPRISONMENT PORTION OF
SUCH SENTENCE AS IMPOSED BY THE COURT AND THE FULL PERIOD OF POST-RE-
LEASE SUPERVISION IMPOSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION
70.45 OF THE PENAL LAW. 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 4. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 4 of chapter 9 of the laws
of 2011, is amended to read as follows:
Upon sentencing on a conviction for any offense, where the court has
not issued an order of protection pursuant to section 530.12 of this
S. 4340 4
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) [five] EIGHT years from the date of such
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) [three] 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 [three] THE GREATER OF: (I) FIVE years from the date of such
sentencing EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF
PROBATION ON A CONVICTION FOR A CLASS A MISDEMEANOR SEXUAL ASSAULT, AS
DEFINED IN 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 [one year from the date of
sentencing] 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 THIS
SUBDIVISION ONLY, IN CALCULATING THE EXPIRATION DATE OF THE MAXIMUM TERM
OF AN INDETERMINATE OR THE TERM OF A DETERMINATE SENTENCE OF IMPRISON-
MENT ACTUALLY IMPOSED, THE COURT SHALL DISREGARD ANY JAIL TIME CREDIT
THAT MAY BE APPLIED AGAINST THE DEFENDANT'S SENTENCE PURSUANT TO SUBDI-
VISION THREE OF SECTION 70.30 OF THE PENAL LAW, AND SHALL, IN ADDITION,
WITH RESPECT TO A DETERMINATE SENTENCE, CALCULATE THE EXPIRATION DATE OF
THE TERM OF SUCH SENTENCE BY ADDING THE FULL TERM OF THE IMPRISONMENT
PORTION OF SUCH SENTENCE AS IMPOSED BY THE COURT AND THE FULL PERIOD OF
POST-RELEASE SUPERVISION IMPOSED IN ACCORDANCE WITH SUBDIVISION TWO OF
SECTION 70.45 OF THE PENAL LAW. 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 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 subdivision d of section 74
of 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.