Scarsdale – New York State Assemblywoman Amy Paulin (D-88) is pleased to announce that A.1797-A/S.4340-B, legislation that she authored, was signed into law on Wednesday by Governor Andrew Cuomo.

The legislation will align the duration of an order of protection with the period of probation where an order of protection is issued in cases in which the defendant is convicted of felony or misdemeanor sexual assault and probation is ordered as part of the sentence. Previously, when probation was a part of the sentence, the order of protection expired before the probation period ended, leaving the victim vulnerable during the gap.

Under current law, the duration of an order of protection in the case of a felony conviction may not exceed eight years from the date of sentencing or eight years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed. If the conviction is for a felony sexual assault where the sentence includes probation, the probation period is 10 years, leaving a gap of at least two years in which the victim is not protected by an order of protection.

In the case of a Class A misdemeanor conviction, a court may issue an order of protection on a misdemeanor sexual assault for up to five years from the date of sentencing or five years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed, while the probation period is six years, leaving a gap of at least one year.

“This legislation corrects the inconsistency in the law and will provide the victim with greater protection from her attacker,” Paulin said. “If the order of protection runs out prior to the end of the probationary period the safety and welfare of the victim is at serious risk.”

Senator Sue Serino (R-41) sponsored the bill in the NYS Senate.