STATE OF NEW YORK
________________________________________________________________________
1909
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. CAHILL, SCHMITT -- Multi-Sponsored by -- M. of A.
ABBATE, AUBRY, COOK, ENGLEBRIGHT, GUNTHER, MAGNARELLI, PERRY, RA,
WEPRIN, ZEBROWSKI -- read once and referred to the Committee on Judi-
ciary
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 335 of the laws of 2019, 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-
22 tion of any temporary order shall not by itself be a factor in determin-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01589-01-1
A. 1909 2
1 ing the length or issuance of any final order. Any order of protection
2 issued pursuant to this section shall specify if an order of probation
3 is in effect. Any order of protection issued pursuant to this section
4 may require the petitioner or the respondent:
5 § 2. The opening paragraph of subdivision 1 of section 1056 of the
6 family court act, as amended by chapter 526 of the laws of 2013, is
7 amended to read as follows:
8 The court may make an order of protection in assistance or as a condi-
9 tion of any other order made under this part. Such order of protection
10 shall remain in effect concurrently with, shall expire no later than the
11 expiration date of, and may be extended concurrently with, such other
12 order made under this part, except as provided in subdivision four of
13 this section. The order of protection may set forth reasonable condi-
14 tions of behavior to be observed for a specified time by a person who is
15 before the court and is a parent or a person legally responsible for the
16 child's care or the spouse of the parent or other person legally respon-
17 sible for the child's care, or both. In cases involving domestic
18 violence, an order of protection shall be observed by the petitioner or
19 respondent for a period of no less than five years. Such an order may
20 require any such person
21 § 3. The opening paragraph of paragraph a of subdivision 3 of section
22 240 of the domestic relations law, as amended by chapter 526 of the laws
23 of 2013, is amended to read as follows:
24 The court may make an order of protection in assistance or as a condi-
25 tion of any other order made under this section. The order of
26 protection may set forth reasonable conditions of behavior to be
27 observed for a specified time by any party. In cases involving domestic
28 violence, an order of protection shall be observed for a period of no
29 less than five years. Such an order may require any party:
30 § 4. The opening paragraph of subdivision 5 of section 530.12 of the
31 criminal procedure law, as amended by chapter 240 of the laws of 2015,
32 is amended to read as follows:
33 Upon sentencing on a conviction for any crime or violation between
34 spouses, between a parent and child, or between members of the same
35 family or household as defined in subdivision one of section 530.11 of
36 this article, the court may in addition to any other disposition,
37 including a conditional discharge or youthful offender adjudication,
38 enter an order of protection. Where a temporary order of protection was
39 issued, the court shall state on the record the reasons for issuing or
40 not issuing an order of protection. The duration of such an order shall
41 be fixed by the court and: (A) in the case of a felony conviction,
42 [shall not exceed the greater of] be no less than: (i) [eight] ten
43 years from the date of such sentencing, [except] including where the
44 sentence is or includes a sentence of probation on a conviction for a
45 felony sexual assault, as provided in subparagraph (iii) of paragraph
46 (a) of subdivision three of section 65.00 of the penal law[, in which
47 case, ten years from the date of such sentencing], or (ii) [eight] ten
48 years from the date of the expiration of the maximum term of an indeter-
49 minate or the term of a determinate sentence of imprisonment actually
50 imposed; or (B) in the case of a conviction for a class A misdemeanor,
51 shall not exceed the greater of: (i) five years from the date of such
52 sentencing, except where the sentence is or includes a sentence of
53 probation on a conviction for a misdemeanor sexual assault, as provided
54 in subparagraph (ii) of paragraph (b) of subdivision three of section
55 65.00 of the penal law, in which case, six years from the date of such
56 sentencing, or (ii) five years from the date of the expiration of the
A. 1909 3
1 maximum term of a definite or intermittent term actually imposed; or (C)
2 in the case of a conviction for any other offense, shall not exceed the
3 greater of: (i) two years from the date of sentencing, or (ii) two years
4 from the date of the expiration of the maximum term of a definite or
5 intermittent term actually imposed. For purposes of determining the
6 duration of an order of protection entered pursuant to this subdivision,
7 a conviction shall be deemed to include a conviction that has been
8 replaced by a youthful offender adjudication. In addition to any other
9 conditions, such an order may require the defendant:
10 § 5. The opening paragraph of subdivision 5 of section 530.12 of the
11 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
12 amended to read as follows:
13 Upon sentencing on a conviction for any crime or violation between
14 spouses, between a parent and child, or between members of the same
15 family or household as defined in subdivision one of section 530.11 of
16 this article, the court may in addition to any other disposition,
17 including a conditional discharge or youthful offender adjudication,
18 enter an order of protection. Where a temporary order of protection was
19 issued, the court shall state on the record the reasons for issuing or
20 not issuing an order of protection. The duration of such an order shall
21 be fixed by the court and, in the case of a felony conviction, shall
22 [not exceed the greater of] be no less than: (i) [five] ten years from
23 the date of such sentencing, or (ii) [three] ten years from the date of
24 the expiration of the maximum term of an indeterminate sentence of
25 imprisonment actually imposed; or in the case of a conviction for a
26 class A misdemeanor, shall not exceed three years from the date of such
27 sentencing; or in the case of a conviction for any other offense, shall
28 not exceed one year from the date of sentencing. For purposes of deter-
29 mining the duration of an order of protection entered pursuant to this
30 subdivision, a conviction shall be deemed to include a conviction that
31 has been replaced by a youthful offender adjudication. In addition to
32 any other conditions, such an order may require the defendant:
33 § 6. This act shall take effect immediately, provided that the amend-
34 ments to the opening paragraph of subdivision 5 of section 530.12 of the
35 criminal procedure law made by section four of this act shall be subject
36 to the expiration and reversion of such opening paragraph pursuant to
37 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
38 date the provisions of section five of this act shall take effect.