Senate Bill S5295

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families 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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2023-S5295 (ACTIVE) - Details

See Assembly Version of this Bill:
A7777
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §842, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: A11368
2019-2020: A2769
2021-2022: A2099

2023-S5295 (ACTIVE) - Summary

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

2023-S5295 (ACTIVE) - Sponsor Memo

2023-S5295 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5295
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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 335 of the laws of 2019, 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.

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