STATE OF NEW YORK
________________________________________________________________________
7360
2025-2026 Regular Sessions
IN SENATE
April 10, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders of
protection for harassment
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 1 of section 530.13 of
2 the criminal procedure law, as amended by section 14 of part JJJ of
3 chapter 59 of the laws of 2019, is amended to read as follows:
4 When any criminal action is pending involving any crime or violation,
5 and the court has not issued a temporary order of protection pursuant to
6 section 530.12 of this article, the court, in addition to the other
7 powers conferred upon it by this chapter, may for good cause shown issue
8 a temporary order of protection in conjunction with any securing order
9 or an adjournment in contemplation of dismissal. In addition to any
10 other conditions, such an order may require that the defendant:
11 § 2. The opening paragraph of subdivision 4 of section 530.13 of the
12 criminal procedure law, as amended by chapter 240 of the laws of 2015,
13 is amended to read as follows:
14 Upon sentencing on a conviction for any criminal offense or violation,
15 where the court has not issued an order of protection pursuant to
16 section 530.12 of this article, the court may, in addition to any other
17 disposition, including a conditional discharge or youthful offender
18 adjudication, enter an order of protection. Where a temporary order of
19 protection was issued, the court shall state on the record the reasons
20 for issuing or not issuing an order of protection. The duration of such
21 an order shall be fixed by the court and; (A) in the case of a felony
22 conviction, shall not exceed the greater of: (i) eight years from the
23 date of such sentencing, except where the sentence is or includes a
24 sentence of probation on a conviction for a felony sexual assault, as
25 provided in subparagraph (iii) of paragraph (a) of subdivision three of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07765-01-5
S. 7360 2
1 section 65.00 of the penal law, in which case, ten years from the date
2 of such sentencing, or (ii) eight years from the date of the expiration
3 of the maximum term of an indeterminate or the term of a determinate
4 sentence of imprisonment actually imposed; or (B) in the case of a
5 conviction for a class A misdemeanor, shall not exceed the greater of:
6 (i) five years from the date of such sentencing, except where the
7 sentence is or includes a sentence of probation on a conviction for a
8 misdemeanor sexual assault, as provided in subparagraph (ii) of para-
9 graph (b) of subdivision three of section 65.00 of the penal law, in
10 which case, six years from the date of such sentencing or (ii) five
11 years from the date of the expiration of the maximum term of a definite
12 or intermittent term actually imposed; or (C) in the case of a
13 conviction for any other offense, shall not exceed the greater of: (i)
14 two years from the date of sentencing, or (ii) two years from the date
15 of the expiration of the maximum term of a definite or intermittent term
16 actually imposed. For purposes of determining the duration of an order
17 of protection entered pursuant to this subdivision, a conviction shall
18 be deemed to include a conviction that has been replaced by a youthful
19 offender adjudication. In addition to any other conditions such an
20 order may require that the defendant:
21 § 3. The opening paragraph of subdivision 4 of section 530.13 of the
22 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
23 amended to read as follows:
24 Upon sentencing on a conviction for any criminal offense or violation,
25 where the court has not issued an order of protection pursuant to
26 section 530.12 of this article, the court may, in addition to any other
27 disposition, including a conditional discharge or youthful offender
28 adjudication, enter an order of protection. Where a temporary order of
29 protection was issued, the court shall state on the record the reasons
30 for issuing or not issuing an order of protection. The duration of such
31 an order shall be fixed by the court and, in the case of a felony
32 conviction, shall not exceed the greater of: (i) five years from the
33 date of such sentencing, or (ii) three years from the date of the expi-
34 ration of the maximum term of an indeterminate sentence of imprisonment
35 actually imposed; or in the case of a conviction for a class A misdemea-
36 nor, shall not exceed three years from the date of such sentencing; or
37 in the case of a conviction for any other offense, shall not exceed one
38 year from the date of sentencing. For purposes of determining the dura-
39 tion of an order of protection entered pursuant to this subdivision, a
40 conviction shall be deemed to include a conviction that has been
41 replaced by a youthful offender adjudication. In addition to any other
42 conditions such an order may require that the defendant:
43 § 4. This act shall take effect on the one hundred twentieth day after
44 it shall have become a law, provided that the amendments to the opening
45 paragraph of subdivision 4 of section 530.13 of the criminal procedure
46 law made by section two of this act shall be subject to the expiration
47 and reversion of such subdivision pursuant to section 74 of chapter 3 of
48 the laws of 1995, as amended, when upon such date the provisions of
49 section three of this act shall take effect.
