Bill Text: NY A05123 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the issuance of orders of protection in family offense cases when defendant is found not responsible by reason of mental disease or defect, and the court issues an order of conditions in conjunction with such finding; such order of protection shall run concurrent with the order of conditions and any extensions thereof; also authorizes the issuance of a family offense order of protection in conjunction with an order of observation pursuant to article 730 of the criminal procedure law; such order shall have a term not to exceed three years following the final or temporary order of observation or from the release from the custody of the commissioner of mental health.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05123 Detail]
Download: New_York-2019-A05123-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5123 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. RAIA, FITZPATRICK, KOLB, HAWLEY, CROUCH, MONTESA- NO, GIGLIO, BRABENEC, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, McDONOUGH, M. L. MILLER -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the issuance of orders of protection 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 subdivision 5 of section 530.12 of 2 the criminal procedure law, as amended by chapter 240 of the laws of 3 2015, is amended to read as follows: 4 Upon sentencing on a conviction for any crime or violation between 5 spouses, between a parent and child, or between members of the same 6 family or household; or when a defendant is found not responsible by 7 reason of mental disease or defect for such a crime and the court pursu- 8 ant to section 330.20 of this chapter issues an order of conditions; or 9 upon the issuance of a final or temporary order of observation, pursuant 10 to article seven hundred thirty of this part, relating to such a crime 11 as defined in subdivision one of section 530.11 of this article, the 12 court may in addition to any other disposition, including a conditional 13 discharge or youthful offender adjudication, enter an order of 14 protection. Where a temporary order of protection was issued, the court 15 shall state on the record the reasons for issuing or not issuing an 16 order of protection. The duration of such an order shall be fixed by the 17 court and: (A) in the case of a felony conviction, shall not exceed the 18 greater of: (i) eight years from the date of such sentencing, [except19where the sentence is or includes a sentence of probation on a20conviction for a felony sexual assault, as provided in subparagraph21(iii) of paragraph (a) of subdivision three of section 65.00 of the22penal law, in which case, ten years from the date of such sentencing,] 23 or (ii) eight years from the date of the expiration of the maximum term EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07946-01-9A. 5123 2 1 of an indeterminate or the term of a determinate sentence of imprison- 2 ment actually imposed; or (B) in the case of a conviction for a class A 3 misdemeanor, shall not exceed the greater of: (i) five years from the 4 date of such sentencing, [except where the sentence is or includes a5sentence of probation on a conviction for a misdemeanor sexual assault,6as provided in subparagraph (ii) of paragraph (b) of subdivision three7of section 65.00 of the penal law, in which case, six years from the8date of such sentencing,] or (ii) five years from the date of the expi- 9 ration of the maximum term of a definite or intermittent term actually 10 imposed; or (C) in the case of a conviction for any other offense, shall 11 not exceed the greater of: (i) two years from the date of sentencing, or 12 (ii) two years from the date of the expiration of the maximum term of a 13 definite or intermittent term actually imposed; or in the case of the 14 issuance of an order of conditions, shall run concurrently with the term 15 of such order of conditions and any extensions thereof. In the case of a 16 final or temporary order of observation, issued pursuant to article 17 seven hundred thirty of this part, the duration of such an order of 18 protection shall be fixed by the court and shall not exceed a term of 19 three years after the date of the final or temporary order of observa- 20 tion. For purposes of determining the duration of an order of protection 21 entered pursuant to this subdivision, a conviction shall be deemed to 22 include a conviction that has been replaced by a youthful offender adju- 23 dication. In addition to any other conditions, such an order may 24 require the defendant: 25 § 2. The opening paragraph of subdivision 5 of section 530.12 of the 26 criminal procedure law, as amended by section 2 of chapter 9 of the laws 27 of 2011, is amended to read as follows: 28 Upon sentencing on a conviction for any crime or violation between 29 spouses, between a parent and child, or between members of the same 30 family or household; or when a defendant is found not responsible by 31 reason of metal disease or defect for such a crime and the court pursu- 32 ant to section 330.20 of this chapter issues an order of conditions; or 33 upon the issuance of a final or temporary order of observation, pursuant 34 to article seven hundred thirty of this part, relating to such a crime 35 as defined in subdivision one of section 530.11 of this article, the 36 court may in addition to any other disposition, including a conditional 37 discharge or youthful offender adjudication, enter an order of 38 protection. Where a temporary order of protection was issued, the court 39 shall state on the record the reasons for issuing or not issuing an 40 order of protection. The duration of such an order shall be fixed by the 41 court and, in the case of a felony conviction, shall not exceed the 42 greater of: (i) five years from the date of such sentencing, or (ii) 43 three years from the date of the expiration of the maximum term of an 44 indeterminate sentence of imprisonment actually imposed; or in the case 45 of a conviction for a class A misdemeanor, shall not exceed three years 46 from the date of such sentencing; or in the case of a conviction for any 47 other offense, shall not exceed one year from the date of sentencing; or 48 in the case of the issuance of an order of conditions, shall run concur- 49 rently with the term of such order of conditions and any extensions 50 thereof. In the case of a final or temporary order of observation, 51 issued pursuant to article seven hundred thirty of this part, the dura- 52 tion of such an order of protection shall be fixed by the court and 53 shall not exceed a term of three years after the date of the final or 54 temporary order of observation. For purposes of determining the dura- 55 tion of an order of protection entered pursuant to this subdivision, a 56 conviction shall be deemed to include a conviction that has beenA. 5123 3 1 replaced by a youthful offender adjudication. In addition to any other 2 conditions, such an order may require the defendant: 3 § 3. The opening paragraph of subdivision 4 of section 530.13 of the 4 criminal procedure law, as amended by chapter 240 of the laws of 2015, 5 is amended to read as follows: 6 Upon sentencing on a conviction for any offense, where the court has 7 not issued an order of protection pursuant to section 530.12 of this 8 article; or when a defendant is found not responsible by reason of 9 mental disease or defect for such offense and the court pursuant to 10 section 330.20 of this chapter issues an order of conditions; or upon 11 the issuance of a final or temporary order of observation, pursuant to 12 article seven hundred thirty of this part, relating to such offense, the 13 court may, in addition to any other disposition, including a conditional 14 discharge or youthful offender adjudication, enter an order of 15 protection. Where a temporary order of protection was issued, the court 16 shall state on the record the reasons for issuing or not issuing an 17 order of protection. The duration of such an order shall be fixed by the 18 court and; (A) in the case of a felony conviction, shall not exceed the 19 greater of: (i) eight years from the date of such sentencing, [except20where the sentence is or includes a sentence of probation on a21conviction for a felony sexual assault, as provided in subparagraph22(iii) of paragraph (a) of subdivision three of section 65.00 of the23penal law, in which case, ten years from the date of such sentencing,] 24 or (ii) eight years from the date of the expiration of the maximum term 25 of an indeterminate or the term of a determinate sentence of imprison- 26 ment actually imposed; or (B) in the case of a conviction for a class A 27 misdemeanor, shall not exceed the greater of: (i) five years from the 28 date of such sentencing, [except where the sentence is or includes a29sentence of probation on a conviction for a misdemeanor sexual assault,30as provided in subparagraph (ii) of paragraph (b) of subdivision three31of section 65.00 of the penal law, in which case, six years from the32date of such sentencing] or (ii) five years from the date of the expira- 33 tion of the maximum term of a definite or intermittent term actually 34 imposed; or (C) in the case of a conviction for any other offense, shall 35 not exceed the greater of: (i) two years from the date of sentencing, or 36 (ii) two years from the date of the expiration of the maximum term of a 37 definite or intermittent term actually imposed; or in the case of the 38 issuance of an order of conditions, shall run concurrently with the term 39 of such order of conditions and any extension thereof. In the case of a 40 final or temporary order of observation, issued pursuant to article 41 seven hundred thirty of this part, the duration of such an order of 42 protection shall be fixed by the court and shall not exceed a term of 43 three years after the date of the final or temporary order of observa- 44 tion. For purposes of determining the duration of an order of protection 45 entered pursuant to this subdivision, a conviction shall be deemed to 46 include a conviction that has been replaced by a youthful offender adju- 47 dication. In addition to any other conditions such an order may require 48 that the defendant: 49 § 4. The opening paragraph of subdivision 4 of section 530.13 of the 50 criminal procedure law, as amended by section 4 of chapter 9 of the laws 51 of 2011, is amended to read as follows: 52 Upon sentencing on a conviction for any offense, where the court has 53 not issued an order of protection pursuant to section 530.12 of this 54 article; or when a defendant is found not responsible by reason of 55 mental disease or defect for such offense and the court pursuant to 56 section 330.20 of this chapter issues an order of conditions; or uponA. 5123 4 1 the issuance of a final or temporary order of observation, pursuant to 2 article seven hundred thirty of this part, relating to such crime, the 3 court may, in addition to any other disposition, including a conditional 4 discharge or youthful offender adjudication, enter an order of 5 protection. Where a temporary order of protection was issued, the court 6 shall state on the record the reasons for issuing or not issuing an 7 order of protection. The duration of such an order shall be fixed by the 8 court and, in the case of a felony conviction, shall not exceed the 9 greater of: (i) five years from the date of such sentencing, or (ii) 10 three years from the date of the expiration of the maximum term of an 11 indeterminate sentence of imprisonment actually imposed; or in the case 12 of a conviction for a class A misdemeanor, shall not exceed three years 13 from the date of such sentencing; or in the case of a conviction for any 14 other offense, shall not exceed one year from the date of sentencing; or 15 in the case of the issuance of an order of conditions, shall run concur- 16 rently with the term of such order of conditions and any extensions 17 thereof. In the case of a final or temporary order of observation, 18 issued pursuant to article seven hundred thirty of this part, the dura- 19 tion of such order of protection shall be fixed by the court and shall 20 not exceed a term of three years after the date of the final or tempo- 21 rary order of observation. For purposes of determining the duration of 22 an order of protection entered pursuant to this subdivision, a 23 conviction shall be deemed to include a conviction that has been 24 replaced by a youthful offender adjudication. In addition to any other 25 conditions such an order may require that the defendant: 26 § 5. This act shall take effect immediately; provided that the amend- 27 ments to the opening paragraph of subdivision 5 of section 530.12 of the 28 criminal procedure law, made by section one of this act, and the amend- 29 ments to the opening paragraph of subdivision 4 of section 530.13 of the 30 criminal procedure law, made by section three of this act, shall be 31 subject to the expiration and reversion of such paragraphs pursuant to 32 subdivision d of section 74 of chapter 3 of the laws of 1995, as 33 amended, when upon such date the provisions of sections two and four of 34 this act, respectively, shall take effect.
