NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1797A
SPONSOR: Paulin (MS)
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to determining
the expiration date of an order of protection
 
PURPOSE OF BILL:
This bill would amend certain sections of the criminal procedure law
with respect to the duration of orders of protection issued in relation
to a family offense.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the opening paragraph of subdivision 5 of section
530.12 of the criminal procedure law, as amended by section 1 of chapter
9 of the laws of 2011, to provide that in the case of a felony
conviction, 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, the court shall fix the duration of an order of protection at
ten years from the date of such sentencing. In the case of a conviction
for a misdemeanor, where the sentence is or includes a sentence of
probation on a conviction for a misdemeanor sexual assault, as provided
in subparagraph (ii) of paragraph (b) of subdivision three of section
65.00 of the penal law, the duration of an order of protection shall be
fixed at six years from the date of such sentencing.
Section two amends the opening paragraph of subdivision 4 of section
530.13 of the criminal procedure law, as amended by section 3 of chapter
9 of the laws of 2011, to provide that in the case of a felony
conviction, 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, the court shall fix the duration of an order of protection at
ten years from the date of such sentencing. In addition, in the case of
a conviction for a misdemeanor, where the sentence is or includes a
sentence of probation on a conviction for a misdemeanor sexual assault,
as provided in subparagraph (ii) of paragraph (b) of subdivision three
of section 65.00 of the penal law, the duration of an order of
protection shall be fixed at six years from the date of such sentencing.
Section three establishes an effective date of thirty days after becom-
ing law, and will apply to offenses committed on or after such effective
date; provided, however, that the amendments to the opening paragraphs
of subdivision 5 of section 530.12 and subdivision 4 of section 530.13
of the criminal procedure law made by sections one and two of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith.
 
JUSTIFICATION:
In 2006, the criminal procedure law was amended to extend the permissi-
ble duration of a final order of protection issued in criminal cases.
However, the amendments did not account fully for the statutorily
required longer probation periods for misdemeanor sexual assault
convictions and felony sexual assault convictions. Thus, when a final
order of protection is issued on a sexual assault conviction where
probation is imposed, the order will expire before the defendant has
completed his probation. This bill would amend CPL sections 530.12(5)
and 530.13(4) to provide that the duration of a final order of
protection issued in a case where the defendant is convicted of sexual
assault and probation is ordered, or is ordered as part of his sentence,
a final order of protection shall not exceed ten years in the case of a
felony sexual assault, or six years in the case of a misdemeanor sexual
assault.
This bill will take effect thirty days after it becomes law, and will
apply to offenses committed on or after such effective date; provided,
however, that the amendments to the opening paragraphs of subdivision 5
of section 530.12 and subdivision 4 of section 530.13 of the criminal
procedure law made by sections one and two of this act shall not affect
the expiration of such paragraphs and shall be deemed to expire there-
with.
 
LEGISLATIVE HISTORY:
A.1877, 2013 and 2014 referred to Codes. A.87, 2011 and 2012 referred to
Codes. Same as S.888, 2011 passed Senate, and 2012 referred to Children
and Families. A.776A, 2009 and 2010 referred to Codes. Same as S.4591,
2009 and 2010 referred to Codes. A.6824, 2007 and 2008 referred to
Codes. Same as S.4693, 2007 and 2008 passed Senate.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect thirty days after becoming law, and will
apply to offenses committed on or after such effective date; provided,
however, that the amendments to the opening paragraphs of subdivision 5
of section 530.12 and subdivision 4 of section 530.13 of the criminal
procedure law made by sections one and two of this act shall not affect
the expiration of such paragraphs and shall be deemed to expire there-
with.
STATE OF NEW YORK
________________________________________________________________________
1797--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 13, 2015
___________
Introduced by M. of A. PAULIN, GALEF, DINOWITZ, COOK, BENEDETTO, JAFFEE,
TITUS -- read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the criminal procedure law, in relation to determining
the expiration date of an order 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 section 1 of chapter 9 of the
3 laws of 2011, 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 as defined in subdivision one of section 530.11 of
7 this article, the court may in addition to any other disposition,
8 including a conditional discharge or youthful offender adjudication,
9 enter an order of protection. Where a temporary order of protection was
10 issued, the court shall state on the record the reasons for issuing or
11 not issuing an order of protection. The duration of such an order shall
12 be fixed by the court and: (A) in the case of a felony conviction, shall
13 not exceed the greater of: (i) eight years from the date of such
14 sentencing, except where the sentence is or includes a sentence of
15 probation on a conviction for a felony sexual assault, as provided in
16 subparagraph (iii) of paragraph (a) of subdivision three of section
17 65.00 of the penal law, in which case, ten years from the date of such
18 sentencing, or (ii) eight years from the date of the expiration of the
19 maximum term of an indeterminate or the term of a determinate sentence
20 of imprisonment actually imposed; or (B) in the case of a conviction for
21 a class A misdemeanor, shall not exceed the greater of: (i) five years
22 from the date of such sentencing, except where the sentence is or
23 includes a sentence of probation on a conviction for a misdemeanor sexu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05050-05-5
A. 1797--A 2
1 al assault, as provided in subparagraph (ii) of paragraph (b) of subdi-
2 vision three of section 65.00 of the penal law, in which case, six years
3 from the date of such sentencing, or (ii) five years from the date of
4 the expiration of the maximum term of a definite or intermittent term
5 actually imposed; or (C) in the case of a conviction for any other
6 offense, shall not exceed the greater of: (i) two years from the date of
7 sentencing, or (ii) two years from the date of the expiration of the
8 maximum term of a definite or intermittent term actually imposed. For
9 purposes of determining the duration of an order of protection entered
10 pursuant to this subdivision, a conviction shall be deemed to include a
11 conviction that has been replaced by a youthful offender adjudication.
12 In addition to any other conditions, such an order may require the
13 defendant:
14 § 2. The opening paragraph of subdivision 4 of section 530.13 of the
15 criminal procedure law, as amended by section 3 of chapter 9 of the laws
16 of 2011, is amended to read as follows:
17 Upon sentencing on a conviction for any offense, where the court has
18 not issued an order of protection pursuant to section 530.12 of this
19 article, the court may, in addition to any other disposition, including
20 a conditional discharge or youthful offender adjudication, enter an
21 order of protection. Where a temporary order of protection was issued,
22 the court shall state on the record the reasons for issuing or not issu-
23 ing an order of protection. The duration of such an order shall be fixed
24 by the court and; (A) in the case of a felony conviction, shall not
25 exceed the greater of: (i) eight years from the date of such sentencing,
26 except where the sentence is or includes a sentence of probation on a
27 conviction for a felony sexual assault, as provided in subparagraph
28 (iii) of paragraph (a) of subdivision three of section 65.00 of the
29 penal law, in which case, ten years from the date of such sentencing, or
30 (ii) eight years from the date of the expiration of the maximum term of
31 an indeterminate or the term of a determinate sentence of imprisonment
32 actually imposed; or (B) in the case of a conviction for a class A
33 misdemeanor, shall not exceed the greater of: (i) five years from the
34 date of such sentencing, except where the sentence is or includes a
35 sentence of probation on a conviction for a misdemeanor sexual assault,
36 as provided in subparagraph (ii) of paragraph (b) of subdivision three
37 of section 65.00 of the penal law, in which case, six years from the
38 date of such sentencing or (ii) five years from the date of the expira-
39 tion of the maximum term of a definite or intermittent term actually
40 imposed; or (C) in the case of a conviction for any other offense, shall
41 not exceed the greater of: (i) two years from the date of sentencing, or
42 (ii) two years from the date of the expiration of the maximum term of a
43 definite or intermittent term actually imposed. For purposes of deter-
44 mining the duration of an order of protection entered pursuant to this
45 subdivision, a conviction shall be deemed to include a conviction that
46 has been replaced by a youthful offender adjudication. In addition to
47 any other conditions such an order may require that the defendant:
48 § 3. This act shall take effect on the thirtieth day after it shall
49 have become a law and shall apply to offenses committed on or after such
50 effective date; provided, however, that the amendments to the opening
51 paragraph of subdivision 5 of section 530.12 and the opening paragraph
52 of subdivision 4 of section 530.13 of the criminal procedure law made by
53 sections one and two of this act shall not affect the expiration of such
54 paragraphs and shall be deemed to expire therewith.