Assembly Bill A11368

2017-2018 Legislative Session

Relates to the extension of an order of protection for aggravating circumstances

download bill text pdf

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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

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2017-A11368 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §842, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: A2769
2021-2022: A2099
2023-2024: A7777

2017-A11368 (ACTIVE) - Summary

Relates to the extension of an order of protection for aggravating circumstances; allows for a lifetime order of protection.

2017-A11368 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11368
 
                           I N  A S S E M B L Y
 
                             October 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to the extension of an
   order of protection for aggravating circumstances
 
   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.  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 COURT SHALL ALSO, UPON REQUEST,
 EXTEND THE ORDER OF PROTECTION FOR AGGRAVATING CIRCUMSTANCES, AS DEFINED
 IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION EIGHT  HUNDRED  TWENTY-
 SEVEN  OF THIS ARTICLE, TO A LIFETIME ORDER OF PROTECTION. The fact that
 abuse has not occurred during the pendency of an  order  shall  not,  in
 itself,  constitute  sufficient  ground for denying or failing to extend
 the order. The court must articulate a basis for  its  decision  on  the
 record.  The  duration  of  any temporary order shall not by itself be a
 factor in determining 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:
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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