Bill Text: NY A11368 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-10-19 - referred to judiciary [A11368 Detail]

Download: New_York-2017-A11368-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11368
                   IN ASSEMBLY
                                    October 19, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
          -- read once and referred to the Committee on Judiciary
        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:
     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.  Any  finding of aggravating circumstances
    13  pursuant to this section shall be stated on  the  record  and  upon  the
    14  order  of protection. [The court may also, upon motion, extend the order
    15  of protection for a reasonable period of time upon  a  showing  of  good
    16  cause  or  consent  of  the parties] The court shall also, upon request,
    17  extend the order of protection for aggravating circumstances, as defined
    18  in paragraph (vii) of subdivision (a) of section eight  hundred  twenty-
    19  seven  of this article, to a lifetime order of protection. The fact that
    20  abuse has not occurred during the pendency of an  order  shall  not,  in
    21  itself,  constitute  sufficient  ground for denying or failing to extend
    22  the order. The court must articulate a basis for  its  decision  on  the
    23  record.  The  duration  of  any temporary order shall not by itself be a
    24  factor in determining the length or issuance of  any  final  order.  Any
    25  order  of protection issued pursuant to this section shall specify if an
    26  order of probation is in effect. Any order of protection issued pursuant
    27  to this section may require the petitioner or the respondent:
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16540-01-8