Bill Text: NY A01909 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to duration of orders of protection in cases involving domestic violence.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A01909 Detail]
Download: New_York-2021-A01909-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1909 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. CAHILL, SCHMITT -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, COOK, ENGLEBRIGHT, GUNTHER, MAGNARELLI, PERRY, RA, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Judi- ciary 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 335 of the laws of 2019, 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- 22 tion of any temporary order shall not by itself be a factor in determin- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01589-01-1A. 1909 2 1 ing the length or issuance of any final order. Any order of protection 2 issued pursuant to this section shall specify if an order of probation 3 is in effect. Any order of protection issued pursuant to this section 4 may require the petitioner or the respondent: 5 § 2. The opening paragraph of subdivision 1 of section 1056 of the 6 family court act, as amended by chapter 526 of the laws of 2013, is 7 amended to read as follows: 8 The court may make an order of protection in assistance or as a condi- 9 tion of any other order made under this part. Such order of protection 10 shall remain in effect concurrently with, shall expire no later than the 11 expiration date of, and may be extended concurrently with, such other 12 order made under this part, except as provided in subdivision four of 13 this section. The order of protection may set forth reasonable condi- 14 tions of behavior to be observed for a specified time by a person who is 15 before the court and is a parent or a person legally responsible for the 16 child's care or the spouse of the parent or other person legally respon- 17 sible for the child's care, or both. In cases involving domestic 18 violence, an order of protection shall be observed by the petitioner or 19 respondent for a period of no less than five years. Such an order may 20 require any such person 21 § 3. The opening paragraph of paragraph a of subdivision 3 of section 22 240 of the domestic relations law, as amended by chapter 526 of the laws 23 of 2013, is amended to read as follows: 24 The court may make an order of protection in assistance or as a condi- 25 tion of any other order made under this section. The order of 26 protection may set forth reasonable conditions of behavior to be 27 observed for a specified time by any party. In cases involving domestic 28 violence, an order of protection shall be observed for a period of no 29 less than five years. Such an order may require any party: 30 § 4. The opening paragraph of subdivision 5 of section 530.12 of the 31 criminal procedure law, as amended by chapter 240 of the laws of 2015, 32 is amended to read as follows: 33 Upon sentencing on a conviction for any crime or violation between 34 spouses, between a parent and child, or between members of the same 35 family or household as defined in subdivision one of section 530.11 of 36 this article, the court may in addition to any other disposition, 37 including a conditional discharge or youthful offender adjudication, 38 enter an order of protection. Where a temporary order of protection was 39 issued, the court shall state on the record the reasons for issuing or 40 not issuing an order of protection. The duration of such an order shall 41 be fixed by the court and: (A) in the case of a felony conviction, 42 [shall not exceed the greater of] be no less than: (i) [eight] ten 43 years from the date of such sentencing, [except] including where the 44 sentence is or includes a sentence of probation on a conviction for a 45 felony sexual assault, as provided in subparagraph (iii) of paragraph 46 (a) of subdivision three of section 65.00 of the penal law[, in which47case, ten years from the date of such sentencing], or (ii) [eight] ten 48 years from the date of the expiration of the maximum term of an indeter- 49 minate or the term of a determinate sentence of imprisonment actually 50 imposed; or (B) in the case of a conviction for a class A misdemeanor, 51 shall not exceed the greater of: (i) five years from the date of such 52 sentencing, except where the sentence is or includes a sentence of 53 probation on a conviction for a misdemeanor sexual assault, as provided 54 in subparagraph (ii) of paragraph (b) of subdivision three of section 55 65.00 of the penal law, in which case, six years from the date of such 56 sentencing, or (ii) five years from the date of the expiration of theA. 1909 3 1 maximum term of a definite or intermittent term actually imposed; or (C) 2 in the case of a conviction for any other offense, shall not exceed the 3 greater of: (i) two years from the date of sentencing, or (ii) two years 4 from the date of the expiration of the maximum term of a definite or 5 intermittent term actually imposed. For purposes of determining the 6 duration of an order of protection entered pursuant to this subdivision, 7 a conviction shall be deemed to include a conviction that has been 8 replaced by a youthful offender adjudication. In addition to any other 9 conditions, such an order may require the defendant: 10 § 5. The opening paragraph of subdivision 5 of section 530.12 of the 11 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 12 amended to read as follows: 13 Upon sentencing on a conviction for any crime or violation between 14 spouses, between a parent and child, or between members of the same 15 family or household as defined in subdivision one of section 530.11 of 16 this article, the court may in addition to any other disposition, 17 including a conditional discharge or youthful offender adjudication, 18 enter an order of protection. Where a temporary order of protection was 19 issued, the court shall state on the record the reasons for issuing or 20 not issuing an order of protection. The duration of such an order shall 21 be fixed by the court and, in the case of a felony conviction, shall 22 [not exceed the greater of] be no less than: (i) [five] ten years from 23 the date of such sentencing, or (ii) [three] ten years from the date of 24 the expiration of the maximum term of an indeterminate sentence of 25 imprisonment actually imposed; or in the case of a conviction for a 26 class A misdemeanor, shall not exceed three years from the date of such 27 sentencing; or in the case of a conviction for any other offense, shall 28 not exceed one year from the date of sentencing. For purposes of deter- 29 mining the duration of an order of protection entered pursuant to this 30 subdivision, a conviction shall be deemed to include a conviction that 31 has been replaced by a youthful offender adjudication. In addition to 32 any other conditions, such an order may require the defendant: 33 § 6. This act shall take effect immediately, provided that the amend- 34 ments to the opening paragraph of subdivision 5 of section 530.12 of the 35 criminal procedure law made by section four of this act shall be subject 36 to the expiration and reversion of such opening paragraph pursuant to 37 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 38 date the provisions of section five of this act shall take effect.
