S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5123
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. RAIA, FITZPATRICK, KOLB, HAWLEY, CROUCH, MONTESA-
   NO, GIGLIO, BRABENEC, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY,
   BLANKENBUSH,  McDONOUGH, M. L. MILLER -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of orders 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 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;  OR  WHEN A DEFENDANT IS FOUND NOT RESPONSIBLE BY
 REASON OF MENTAL DISEASE OR DEFECT FOR SUCH A CRIME AND THE COURT PURSU-
 ANT TO SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF CONDITIONS;  OR
 UPON THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT
 TO  ARTICLE  SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH A CRIME
 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  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 years from the date of the expiration of the maximum term
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07946-01-9

 A. 5123                             2
 
 of an indeterminate or the term of a determinate sentence  of  imprison-
 ment  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  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 expi-
 ration 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; OR IN THE  CASE  OF  THE
 ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCURRENTLY WITH THE TERM
 OF SUCH ORDER OF CONDITIONS AND ANY EXTENSIONS THEREOF. IN THE CASE OF A
 FINAL  OR  TEMPORARY  ORDER  OF  OBSERVATION, ISSUED PURSUANT TO ARTICLE
 SEVEN HUNDRED THIRTY OF THIS PART, THE DURATION  OF  SUCH  AN  ORDER  OF
 PROTECTION  SHALL  BE  FIXED BY THE COURT AND SHALL NOT EXCEED A TERM OF
 THREE YEARS AFTER THE DATE OF THE FINAL OR TEMPORARY ORDER  OF  OBSERVA-
 TION. 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 adju-
 dication.   In addition to any  other  conditions,  such  an  order  may
 require the defendant:
   §  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,  between  a  parent  and  child, or between members of the same
 family or household; OR WHEN A DEFENDANT IS  FOUND  NOT  RESPONSIBLE  BY
 REASON  OF METAL DISEASE OR DEFECT FOR SUCH A CRIME AND THE COURT PURSU-
 ANT TO SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF CONDITIONS;  OR
 UPON THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT
 TO  ARTICLE  SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH A CRIME
 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  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 sentencing; or in the case of a conviction for any
 other offense, shall not exceed one year from the date of sentencing; OR
 IN THE CASE OF THE ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCUR-
 RENTLY WITH THE TERM OF SUCH ORDER  OF  CONDITIONS  AND  ANY  EXTENSIONS
 THEREOF.  IN  THE  CASE  OF  A  FINAL OR TEMPORARY ORDER OF OBSERVATION,
 ISSUED PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, THE  DURA-
 TION  OF  SUCH  AN  ORDER  OF PROTECTION SHALL BE FIXED BY THE COURT AND
 SHALL NOT EXCEED A TERM OF THREE YEARS AFTER THE DATE OF  THE  FINAL  OR
 TEMPORARY  ORDER  OF OBSERVATION.  For purposes of determining the dura-
 tion of an order of protection entered pursuant to this  subdivision,  a
 conviction  shall  be  deemed  to  include  a  conviction  that has been

 A. 5123                             3
 
 replaced by a youthful offender adjudication. In addition to  any  other
 conditions, such an order may require the defendant:
   §  3.  The opening paragraph of subdivision 4 of section 530.13 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 offense, where the court has
 not issued an order of protection pursuant to  section  530.12  of  this
 article;  OR  WHEN  A  DEFENDANT  IS  FOUND NOT RESPONSIBLE BY REASON OF
 MENTAL DISEASE OR DEFECT FOR SUCH OFFENSE  AND  THE  COURT  PURSUANT  TO
 SECTION  330.20  OF  THIS CHAPTER ISSUES AN ORDER OF CONDITIONS; OR UPON
 THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION,  PURSUANT  TO
 ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH OFFENSE, 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 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 years from the date of the expiration of the maximum  term
 of  an  indeterminate or the term of a determinate sentence of imprison-
 ment 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 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 expira-
 tion 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; OR IN THE  CASE  OF  THE
 ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCURRENTLY WITH THE TERM
 OF  SUCH ORDER OF CONDITIONS AND ANY EXTENSION THEREOF. IN THE CASE OF A
 FINAL OR TEMPORARY ORDER OF  OBSERVATION,  ISSUED  PURSUANT  TO  ARTICLE
 SEVEN  HUNDRED  THIRTY  OF  THIS  PART, THE DURATION OF SUCH AN ORDER OF
 PROTECTION SHALL BE FIXED BY THE COURT AND SHALL NOT EXCEED  A  TERM  OF
 THREE  YEARS  AFTER THE DATE OF THE FINAL OR TEMPORARY ORDER OF OBSERVA-
 TION. 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 adju-
 dication.  In addition to any other conditions such an order may require
 that the defendant:
   §  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
 article; OR WHEN A DEFENDANT IS  FOUND  NOT  RESPONSIBLE  BY  REASON  OF
 MENTAL  DISEASE  OR  DEFECT  FOR  SUCH OFFENSE AND THE COURT PURSUANT TO
 SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF  CONDITIONS;  OR  UPON

 A. 5123                             4
 
 THE  ISSUANCE  OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT TO
 ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH  CRIME,  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 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 sentencing; or in the case of a conviction for any
 other offense, shall not exceed one year from the date of sentencing; OR
 IN THE CASE OF THE ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCUR-
 RENTLY  WITH  THE  TERM  OF  SUCH ORDER OF CONDITIONS AND ANY EXTENSIONS
 THEREOF. IN THE CASE OF A  FINAL  OR  TEMPORARY  ORDER  OF  OBSERVATION,
 ISSUED  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, THE DURA-
 TION OF SUCH ORDER OF PROTECTION SHALL BE FIXED BY THE COURT  AND  SHALL
 NOT  EXCEED  A TERM OF THREE YEARS AFTER THE DATE OF THE FINAL OR TEMPO-
 RARY ORDER OF OBSERVATION. 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:
   § 5. 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 one of this act, and the amend-
 ments to the opening paragraph of subdivision 4 of section 530.13 of the
 criminal procedure law, made by section 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, respectively, shall take effect.