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

                                 638--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. KENNEDY, PANEPINTO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Children  and
  Families  --  recommitted to the Committee on Children and Families in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
occurred during the pendency of an order shall not, in  itself,  consti-

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

                                                           LBD04278-02-6

S. 638--A                           2

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
probation on a conviction for a misdemeanor sexual assault, as  provided

S. 638--A                           3

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.