STATE OF NEW YORK
________________________________________________________________________
409
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
ARROYO, AUBRY, COOK, CRESPO, ENGLEBRIGHT, FINCH, GUNTHER, JAFFEE,
MAGNARELLI, ORTIZ, PERRY, RA, WEPRIN, ZEBROWSKI -- read once and
referred to the Committee on Judiciary
AN ACT to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to orders of protection in cases
involving domestic violence
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. In cases involving domestic violence, an
13 order of protection shall be observed by the petitioner or respondent
14 for a period of no less than five years. Any finding of aggravating
15 circumstances pursuant to this section shall be stated on the record and
16 upon the order of protection. The court may also, upon motion, extend
17 the order of protection for a reasonable period of time upon a showing
18 of good cause or consent of the parties. The fact that abuse has not
19 occurred during the pendency of an order shall not, in itself, consti-
20 tute sufficient ground for denying or failing to extend the order. The
21 court must articulate a basis for its decision on the record. The dura-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01979-01-9
A. 409 2
1 tion of any temporary order shall not by itself be a factor in determin-
2 ing the length or issuance of any final order. Any order of protection
3 issued pursuant to this section shall specify if an order of probation
4 is in effect. Any order of protection issued pursuant to this section
5 may require the petitioner or the respondent:
6 § 2. The opening paragraph of subdivision 1 of section 1056 of the
7 family court act, as amended by chapter 526 of the laws of 2013, is
8 amended to read as follows:
9 The court may make an order of protection in assistance or as a condi-
10 tion of any other order made under this part. Such order of protection
11 shall remain in effect concurrently with, shall expire no later than the
12 expiration date of, and may be extended concurrently with, such other
13 order made under this part, except as provided in subdivision four of
14 this section. The order of protection may set forth reasonable condi-
15 tions of behavior to be observed for a specified time by a person who is
16 before the court and is a parent or a person legally responsible for the
17 child's care or the spouse of the parent or other person legally respon-
18 sible for the child's care, or both. In cases involving domestic
19 violence, an order of protection shall be observed by the petitioner or
20 respondent for a period of no less than five years. Such an order may
21 require any such person
22 § 3. The opening paragraph of paragraph a of subdivision 3 of section
23 240 of the domestic relations law, as amended by chapter 526 of the laws
24 of 2013, is amended to read as follows:
25 The court may make an order of protection in assistance or as a condi-
26 tion of any other order made under this section. The order of
27 protection may set forth reasonable conditions of behavior to be
28 observed for a specified time by any party. In cases involving domestic
29 violence, an order of protection shall be observed for a period of no
30 less than five years. Such an order may require any party:
31 § 4. The opening paragraph of subdivision 5 of section 530.12 of the
32 criminal procedure law, as amended by chapter 240 of the laws of 2015,
33 is amended to read as follows:
34 Upon sentencing on a conviction for any crime or violation between
35 spouses, between a parent and child, or between members of the same
36 family or household as defined in subdivision one of section 530.11 of
37 this article, the court may in addition to any other disposition,
38 including a conditional discharge or youthful offender adjudication,
39 enter an order of protection. Where a temporary order of protection was
40 issued, the court shall state on the record the reasons for issuing or
41 not issuing an order of protection. The duration of such an order shall
42 be fixed by the court and: (A) in the case of a felony conviction,
43 [shall not exceed the greater of] be no less than: (i) [eight] ten
44 years from the date of such sentencing, [except] including where the
45 sentence is or includes a sentence of probation on a conviction for a
46 felony sexual assault, as provided in subparagraph (iii) of paragraph
47 (a) of subdivision three of section 65.00 of the penal law[, in which
48 case, ten years from the date of such sentencing], or (ii) [eight] ten
49 years from the date of the expiration of the maximum term of an indeter-
50 minate or the term of a determinate sentence of imprisonment actually
51 imposed; or (B) in the case of a conviction for a class A misdemeanor,
52 shall not exceed the greater of: (i) five years from the date of such
53 sentencing, except where the sentence is or includes a sentence of
54 probation on a conviction for a misdemeanor sexual assault, as provided
55 in subparagraph (ii) of paragraph (b) of subdivision three of section
56 65.00 of the penal law, in which case, six years from the date of such
A. 409 3
1 sentencing, or (ii) five years from the date of the expiration of the
2 maximum term of a definite or intermittent term actually imposed; or (C)
3 in the case of a conviction for any other offense, shall not exceed the
4 greater of: (i) two years from the date of sentencing, or (ii) two years
5 from the date of the expiration of the maximum term of a definite or
6 intermittent term actually imposed. For purposes of determining the
7 duration of an order of protection entered pursuant to this subdivision,
8 a conviction shall be deemed to include a conviction that has been
9 replaced by a youthful offender adjudication. In addition to any other
10 conditions, such an order may require the defendant:
11 § 5. The opening paragraph of subdivision 5 of section 530.12 of the
12 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
13 amended to read as follows:
14 Upon sentencing on a conviction for any crime or violation between
15 spouses, between a parent and child, or between members of the same
16 family or household as defined in subdivision one of section 530.11 of
17 this article, the court may in addition to any other disposition,
18 including a conditional discharge or youthful offender adjudication,
19 enter an order of protection. Where a temporary order of protection was
20 issued, the court shall state on the record the reasons for issuing or
21 not issuing an order of protection. The duration of such an order shall
22 be fixed by the court and, in the case of a felony conviction, shall
23 [not exceed the greater of] be no less than: (i) [five] ten years from
24 the date of such sentencing, or (ii) [three] ten years from the date of
25 the expiration of the maximum term of an indeterminate sentence of
26 imprisonment actually imposed; or in the case of a conviction for a
27 class A misdemeanor, shall not exceed three years from the date of such
28 sentencing; or in the case of a conviction for any other offense, shall
29 not exceed one year from the date of sentencing. For purposes of deter-
30 mining the duration of an order of protection entered pursuant to this
31 subdivision, a conviction shall be deemed to include a conviction that
32 has been replaced by a youthful offender adjudication. In addition to
33 any other conditions, such an order may require the defendant:
34 § 6. This act shall take effect immediately, provided that the amend-
35 ments to the opening paragraph of subdivision 5 of section 530.12 of the
36 criminal procedure law made by section four of this act shall be subject
37 to the expiration and reversion of such opening paragraph pursuant to
38 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
39 date the provisions of section five of this act shall take effect.