S T A T E O F N E W Y O R K
________________________________________________________________________
2275
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sens. PALUMBO, BORRELLO, MATTERA, OBERACKER, ORTT, WEIK --
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 allowing
lifetime orders of protection in certain cases
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 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 of an indeterminate or the term of a determinate sentence
of imprisonment actually imposed, OR (III) THE LIFETIME OF THE DEFENDANT
OR THE VICTIM, WHICHEVER IS SHORTER, IN THE CASE OF A CONVICTION FOR ANY
FELONY UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE
HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OR
SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW, OR AN ATTEMPT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06755-01-3
S. 2275 2
COMMIT ANY FELONY UNDER SUCH ARTICLES OR SECTIONS; 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 para-
graph (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:
§ 2. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by 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: (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 (III)
THE LIFETIME OF THE DEFENDANT OR THE VICTIM, WHICHEVER IS SHORTER, IN
THE CASE OF A CONVICTION FOR ANY FELONY UNDER ARTICLE ONE HUNDRED TWEN-
TY, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE
OR TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR 255.27 OF THE
PENAL LAW, OR AN ATTEMPT TO COMMIT ANY FELONY UNDER SUCH ARTICLES OR
SECTIONS; 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 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:
§ 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, 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
S. 2275 3
exceed the greater of: (i) eight years from the date of such sentenc-
ing[, 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 (III) THE LIFETIME OF THE DEFENDANT OR THE
VICTIM, WHICHEVER IS SHORTER, IN THE CASE OF A CONVICTION FOR ANY FELONY
UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED
THIRTY, ONE HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OR SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW, OR AN ATTEMPT TO COMMIT ANY
FELONY UNDER SUCH ARTICLES OR SECTIONS; 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 para-
graph (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 that the defendant:
§ 4. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by 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, 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 (III) THE
LIFETIME OF THE DEFENDANT OR THE VICTIM, WHICHEVER IS SHORTER, IN THE
CASE OF A CONVICTION FOR ANY FELONY UNDER ARTICLE ONE HUNDRED TWENTY,
ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE OR
TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR 255.27 OF THE PENAL
LAW, OR AN ATTEMPT TO COMMIT ANY FELONY UNDER SUCH ARTICLES OR SECTIONS;
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 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. 2275 4
§ 5. The criminal procedure law is amended by adding a new section
530.13-a to read as follows:
§ 530.13-A LIFETIME ORDERS OF PROTECTION IN CERTAIN CASES.
1. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A VICTIM
OF ANY FELONY UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,
ONE HUNDRED THIRTY, OR ONE HUNDRED THIRTY-FIVE OR SECTION 255.25, 255.26
OR 255.27 OF THE PENAL LAW, OR ANY ATTEMPT TO COMMIT ANY SUCH FELONY
OFFENSE, MAY FILE A PETITION FOR A LIFETIME ORDER OF PROTECTION AGAINST
THE OFFENDER WHO WAS CONVICTED OF SUCH CRIME IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN THIS SECTION.
(B) A PETITION FOR A LIFETIME ORDER OF PROTECTION PURSUANT TO THIS
SECTION MAY BE FILED BY AN UNEMANCIPATED PERSON UNDER EIGHTEEN YEARS OF
AGE. SUCH PETITION SHALL BE SIGNED BY ONE OF THE UNEMANCIPATED PERSON'S
PARENTS OR GUARDIANS. THE PETITION MAY ALSO BE SIGNED BY A CASEWORKER AT
A NOT-FOR-PROFIT ORGANIZATION THAT RECEIVES FUNDS FROM THE OFFICE OF
CHILDREN AND FAMILY SERVICES FOR FAMILY VIOLENCE AND CHILD ABUSE
PREVENTION AND SHELTERS; PROVIDED, HOWEVER, THAT A PETITION SIGNED BY A
CASEWORKER MAY NOT BE FILED AGAINST THE UNEMANCIPATED MINOR'S PARENT OR
LEGAL GUARDIAN. IN SUCH CASE, UNLESS THE COURT FINDS THAT THE ACTION
WOULD CREATE A THREAT OF SERIOUS HARM TO THE MINOR, A COPY OF THE PETI-
TION AND NOTICE OF HEARING SHALL ALSO BE SERVED ON THE PARENTS OF THE
MINOR CHILD, OR IF THE PARENTS ARE NOT LIVING TOGETHER AND JOINTLY
CARING FOR THE CHILD, UPON THE PRIMARY CUSTODIAL PARENT. IN CASES BEFORE
THE FAMILY COURT WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES IS A
PARTY OR WHERE A GUARDIAN AD LITEM HAS BEEN APPOINTED FOR THE CHILD BY
THE FAMILY COURT, THE PETITION MAY BE FILED BY THE OFFICE OR THE GUARDI-
AN AD LITEM.
2. VENUE FOR A PETITION FOR A LIFETIME ORDER OF PROTECTION UNDER THIS
SECTION IS IN THE COUNTY WHERE THE RESPONDENT RESIDES OR THE COUNTY IN
WHICH THE OFFENSE OCCURRED. IF THE RESPONDENT IS NOT A RESIDENT OF THIS
STATE, THE PETITION MAY BE FILED IN THE COUNTY WHERE THE PETITIONER
RESIDES.
3. THE COURT SHALL CAUSE A COPY OF THE PETITION AND NOTICE OF THE DATE
SET FOR THE HEARING ON SUCH PETITION TO BE SERVED UPON THE RESPONDENT AT
LEAST FIVE DAYS PRIOR TO THE HEARING. THE NOTICE SHALL ADVISE THE
RESPONDENT THAT HE OR SHE MAY BE REPRESENTED BY COUNSEL. IN EVERY CASE,
UNLESS THE COURT FINDS THAT THE ACTION WOULD CREATE A THREAT OF SERIOUS
HARM TO THE MINOR, WHEN A PETITIONER IS UNDER EIGHTEEN YEARS OF AGE, A
COPY OF THE PETITION, AND NOTICE OF HEARING SHALL ALSO BE SERVED ON THE
PARENTS OF THE MINOR CHILD, OR IN THE EVENT THAT THE PARENTS ARE NOT
LIVING TOGETHER AND JOINTLY CARING FOR THE CHILD, UPON THE PRIMARY RESI-
DENTIAL PARENT, PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
4. AT THE HEARING ON THE PETITION, THE COURT SHALL, IF THE PETITIONER
HAS PROVED THE RESPONDENT WAS CONVICTED OF ANY FELONY UNDER ARTICLE ONE
HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED
THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AN ATTEMPT
TO COMMIT A FELONY UNDER SUCH ARTICLES AND THAT THE PETITIONER WAS THE
VICTIM OF THE OFFENSE, ISSUE A LIFETIME ORDER OF PROTECTION THAT REMAINS
IN EFFECT FOR THE LIFETIME OF THE PETITIONER OR THE RESPONDENT WHICHEVER
IS SHORTER. IF THE PETITIONER HAS NOT PROVIDED PROOF THAT RESPONDENT WAS
CONVICTED OF SUCH AN OFFENSE AND THAT THE PETITIONER WAS THE VICTIM OF
THE OFFENSE, THE COURT SHALL DISMISS THE PETITION.
5. A LIFETIME ORDER OF PROTECTION GRANTED UNDER THIS SECTION SHALL:
(A) PROHIBIT THE RESPONDENT FROM COMING ABOUT THE PETITIONER FOR ANY
PURPOSE, FROM TELEPHONING, CONTACTING, OR OTHERWISE COMMUNICATING WITH
THE PETITIONER, DIRECTLY OR INDIRECTLY;
S. 2275 5
(B) INCLUDE A STATEMENT OF THE MAXIMUM PENALTY THAT MAY BE IMPOSED
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION FOR VIOLATING SUCH ORDER;
AND
(C) BE VALID AND ENFORCEABLE IN ANY COUNTY OF THIS STATE.
6. A LIFETIME ORDER OF PROTECTION IS EFFECTIVE UPON THE DATE OF ISSU-
ANCE AND SHALL BE SERVED WITHIN ONE YEAR OF SUCH DATE.
7. (A) UPON VIOLATION OF A LIFETIME ORDER OF PROTECTION, THE COURT MAY
HOLD THE DEFENDANT IN CIVIL OR CRIMINAL CONTEMPT AND PUNISH THE DEFEND-
ANT IN ACCORDANCE WITH THE LAW.
(B) IN ADDITION TO THE AUTHORIZED PUNISHMENTS FOR CONTEMPT OF COURT, A
JUDGE MAY ASSESS ANY PERSON WHO VIOLATES A LIFETIME ORDER OF PROTECTION
A CIVIL PENALTY OF FIFTY DOLLARS. THE JUDGE MAY FURTHER ORDER THAT ANY
SUPPORT PAYMENT MADE PURSUANT TO AN ORDER OF PROTECTION OR A COURT-AP-
PROVED CONSENT AGREEMENT BE MADE UNDER AN INCOME ASSIGNMENT TO THE CLERK
OF COURT. UPON COLLECTING THE CIVIL PENALTY IMPOSED BY THIS SUBDIVISION,
THE CLERK SHALL, ON A MONTHLY BASIS, SEND THE MONEY TO THE STATE COMP-
TROLLER WHO SHALL DEPOSIT IT IN THE DOMESTIC VIOLENCE AWARENESS FUND
PURSUANT TO SECTION NINETY-SEVEN-YYY OF THE STATE FINANCE LAW AS ADDED
BY CHAPTER 634 OF THE LAWS OF 2002.
8. AN ARREST FOR VIOLATION OF A LIFETIME ORDER OF PROTECTION ISSUED
PURSUANT TO THIS SECTION MAY BE WITH OR WITHOUT WARRANT. A LAW ENFORCE-
MENT OFFICER SHALL ARREST THE RESPONDENT WITHOUT A WARRANT IF:
(A) THE POLICE OFFICER OR PEACE OFFICER HAS PROPER JURISDICTION OVER
THE AREA IN WHICH THE VIOLATION OCCURRED;
(B) THE POLICE OFFICER OR PEACE OFFICER HAS REASONABLE CAUSE TO
BELIEVE THE RESPONDENT HAS VIOLATED OR IS IN VIOLATION OF A LIFETIME
ORDER OF PROTECTION; AND
(C) THE POLICE OFFICER OR PEACE OFFICER HAS VERIFIED WHETHER A LIFE-
TIME ORDER OF PROTECTION IS IN EFFECT AGAINST THE RESPONDENT. IF NECES-
SARY, THE OFFICER MAY VERIFY THE EXISTENCE OF A LIFETIME ORDER OF
PROTECTION BY TELEPHONE OR RADIO COMMUNICATION WITH THE APPROPRIATE LAW
ENFORCEMENT AGENCY.
§ 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 one of this act shall be subject
to the expiration and reversion of such paragraph pursuant to subdivi-
sion d of section 74 of chapter 3 of the laws of 1995, as amended, when
upon such date the provisions of section two of this act shall take
effect; and provided further that the amendments to the opening para-
graph 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 paragraph pursuant to subdivision d of section 74 of
chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section four of this act shall take effect.