Bill Text: NY A00409 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to duration of orders of protection in cases involving domestic violence.
Spectrum: Moderate Partisan Bill (Democrat 14-3)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A00409 Detail]
Download: New_York-2019-A00409-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 409 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, AUBRY, COOK, CRESPO, ENGLEBRIGHT, FINCH, GUNTHER, JAFFEE, MAGNARELLI, ORTIZ, PERRY, RA, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, the domestic relations law and the criminal procedure law, in relation to orders of protection in cases involving domestic violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of section 842 of the family court 2 act, as amended by chapter 526 of the laws of 2013, is amended to read 3 as follows: 4 An order of protection under section eight hundred forty-one of this 5 part shall set forth reasonable conditions of behavior to be observed 6 for a period not in excess of two years by the petitioner or respondent 7 or for a period not in excess of five years upon (i) a finding by the 8 court on the record of the existence of aggravating circumstances as 9 defined in paragraph (vii) of subdivision (a) of section eight hundred 10 twenty-seven of this article; or (ii) a finding by the court on the 11 record that the conduct alleged in the petition is in violation of a 12 valid order of protection. In cases involving domestic violence, an 13 order of protection shall be observed by the petitioner or respondent 14 for a period of no less than five years. Any finding of aggravating 15 circumstances pursuant to this section shall be stated on the record and 16 upon the order of protection. The court may also, upon motion, extend 17 the order of protection for a reasonable period of time upon a showing 18 of good cause or consent of the parties. The fact that abuse has not 19 occurred during the pendency of an order shall not, in itself, consti- 20 tute sufficient ground for denying or failing to extend the order. The 21 court must articulate a basis for its decision on the record. The dura- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01979-01-9A. 409 2 1 tion of any temporary order shall not by itself be a factor in determin- 2 ing the length or issuance of any final order. Any order of protection 3 issued pursuant to this section shall specify if an order of probation 4 is in effect. Any order of protection issued pursuant to this section 5 may require the petitioner or the respondent: 6 § 2. The opening paragraph of subdivision 1 of section 1056 of the 7 family court act, as amended by chapter 526 of the laws of 2013, is 8 amended to read as follows: 9 The court may make an order of protection in assistance or as a condi- 10 tion of any other order made under this part. Such order of protection 11 shall remain in effect concurrently with, shall expire no later than the 12 expiration date of, and may be extended concurrently with, such other 13 order made under this part, except as provided in subdivision four of 14 this section. The order of protection may set forth reasonable condi- 15 tions of behavior to be observed for a specified time by a person who is 16 before the court and is a parent or a person legally responsible for the 17 child's care or the spouse of the parent or other person legally respon- 18 sible for the child's care, or both. In cases involving domestic 19 violence, an order of protection shall be observed by the petitioner or 20 respondent for a period of no less than five years. Such an order may 21 require any such person 22 § 3. The opening paragraph of paragraph a of subdivision 3 of section 23 240 of the domestic relations law, as amended by chapter 526 of the laws 24 of 2013, is amended to read as follows: 25 The court may make an order of protection in assistance or as a condi- 26 tion of any other order made under this section. The order of 27 protection may set forth reasonable conditions of behavior to be 28 observed for a specified time by any party. In cases involving domestic 29 violence, an order of protection shall be observed for a period of no 30 less than five years. Such an order may require any party: 31 § 4. The opening paragraph of subdivision 5 of section 530.12 of the 32 criminal procedure law, as amended by chapter 240 of the laws of 2015, 33 is amended to read as follows: 34 Upon sentencing on a conviction for any crime or violation between 35 spouses, between a parent and child, or between members of the same 36 family or household as defined in subdivision one of section 530.11 of 37 this article, the court may in addition to any other disposition, 38 including a conditional discharge or youthful offender adjudication, 39 enter an order of protection. Where a temporary order of protection was 40 issued, the court shall state on the record the reasons for issuing or 41 not issuing an order of protection. The duration of such an order shall 42 be fixed by the court and: (A) in the case of a felony conviction, 43 [shall not exceed the greater of] be no less than: (i) [eight] ten 44 years from the date of such sentencing, [except] including where the 45 sentence is or includes a sentence of probation on a conviction for a 46 felony sexual assault, as provided in subparagraph (iii) of paragraph 47 (a) of subdivision three of section 65.00 of the penal law[, in which48case, ten years from the date of such sentencing], or (ii) [eight] ten 49 years from the date of the expiration of the maximum term of an indeter- 50 minate or the term of a determinate sentence of imprisonment actually 51 imposed; or (B) in the case of a conviction for a class A misdemeanor, 52 shall not exceed the greater of: (i) five years from the date of such 53 sentencing, except where the sentence is or includes a sentence of 54 probation on a conviction for a misdemeanor sexual assault, as provided 55 in subparagraph (ii) of paragraph (b) of subdivision three of section 56 65.00 of the penal law, in which case, six years from the date of suchA. 409 3 1 sentencing, or (ii) five years from the date of the expiration of the 2 maximum term of a definite or intermittent term actually imposed; or (C) 3 in the case of a conviction for any other offense, shall not exceed the 4 greater of: (i) two years from the date of sentencing, or (ii) two years 5 from the date of the expiration of the maximum term of a definite or 6 intermittent term actually imposed. For purposes of determining the 7 duration of an order of protection entered pursuant to this subdivision, 8 a conviction shall be deemed to include a conviction that has been 9 replaced by a youthful offender adjudication. In addition to any other 10 conditions, such an order may require the defendant: 11 § 5. The opening paragraph of subdivision 5 of section 530.12 of the 12 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 13 amended to read as follows: 14 Upon sentencing on a conviction for any crime or violation between 15 spouses, between a parent and child, or between members of the same 16 family or household as defined in subdivision one of section 530.11 of 17 this article, the court may in addition to any other disposition, 18 including a conditional discharge or youthful offender adjudication, 19 enter an order of protection. Where a temporary order of protection was 20 issued, the court shall state on the record the reasons for issuing or 21 not issuing an order of protection. The duration of such an order shall 22 be fixed by the court and, in the case of a felony conviction, shall 23 [not exceed the greater of] be no less than: (i) [five] ten years from 24 the date of such sentencing, or (ii) [three] ten years from the date of 25 the expiration of the maximum term of an indeterminate sentence of 26 imprisonment actually imposed; or in the case of a conviction for a 27 class A misdemeanor, shall not exceed three years from the date of such 28 sentencing; or in the case of a conviction for any other offense, shall 29 not exceed one year from the date of sentencing. For purposes of deter- 30 mining the duration of an order of protection entered pursuant to this 31 subdivision, a conviction shall be deemed to include a conviction that 32 has been replaced by a youthful offender adjudication. In addition to 33 any other conditions, such an order may require the defendant: 34 § 6. This act shall take effect immediately, provided that the amend- 35 ments to the opening paragraph of subdivision 5 of section 530.12 of the 36 criminal procedure law made by section four of this act shall be subject 37 to the expiration and reversion of such opening paragraph pursuant to 38 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 39 date the provisions of section five of this act shall take effect.
