S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    150
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. PALUMBO, BORRELLO, GRIFFO, HELMING, MATTERA, OBER-
   ACKER, O'MARA, ORTT, ROLISON, WEBER, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00584-01-5
 S. 150                              2
 
 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 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-
 S. 150                              3
 
 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
 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
 S. 150                              4
 
 offender adjudication. In addition to any other conditions such an order
 may require that the defendant:
   §  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 SUCH PERSON 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
 RESIDENTIAL 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:
 S. 150                              5
 
   (A)  PROHIBIT  THE RESPONDENT FROM COMING ABOUT THE PETITIONER FOR ANY
 PURPOSE, FROM TELEPHONING, CONTACTING, OR OTHERWISE  COMMUNICATING  WITH
 THE PETITIONER, DIRECTLY OR INDIRECTLY;
   (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.