STATE OF NEW YORK
________________________________________________________________________
1816
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
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-
22 tion of any temporary order shall not by itself be a factor in determin-
23 ing the length or issuance of any final order. Any order of protection
24 issued pursuant to this section shall specify if an order of probation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00617-01-7
S. 1816 2
1 is in effect. Any order of protection issued pursuant to this section
2 may require the petitioner or the respondent:
3 § 2. The opening paragraph of subdivision 1 of section 1056 of the
4 family court act, as amended by chapter 526 of the laws of 2013, is
5 amended to read as follows:
6 The court may make an order of protection in assistance or as a condi-
7 tion of any other order made under this part. Such order of protection
8 shall remain in effect concurrently with, shall expire no later than the
9 expiration date of, and may be extended concurrently with, such other
10 order made under this part, except as provided in subdivision four of
11 this section. The order of protection may set forth reasonable condi-
12 tions of behavior to be observed for a specified time by a person who is
13 before the court and is a parent or a person legally responsible for the
14 child's care or the spouse of the parent or other person legally respon-
15 sible for the child's care, or both. In cases involving domestic
16 violence, an order of protection shall be observed by the petitioner or
17 respondent for a period of no less than five years. Such an order may
18 require any such person
19 § 3. The opening paragraph of paragraph a of subdivision 3 of section
20 240 of the domestic relations law, as amended by chapter 526 of the laws
21 of 2013, is amended to read as follows:
22 The court may make an order of protection in assistance or as a condi-
23 tion of any other order made under this section. The order of
24 protection may set forth reasonable conditions of behavior to be
25 observed for a specified time by any party. In cases involving domestic
26 violence, an order of protection shall be observed for a period of no
27 less than five years. Such an order may require any party:
28 § 4. The opening paragraph of subdivision 5 of section 530.12 of the
29 criminal procedure law, as amended by chapter 240 of the laws of 2015,
30 is amended to read as follows:
31 Upon sentencing on a conviction for any crime or violation between
32 spouses, between a parent and child, or between members of the same
33 family or household as defined in subdivision one of section 530.11 of
34 this article, the court may in addition to any other disposition,
35 including a conditional discharge or youthful offender adjudication,
36 enter an order of protection. Where a temporary order of protection was
37 issued, the court shall state on the record the reasons for issuing or
38 not issuing an order of protection. The duration of such an order shall
39 be fixed by the court and: (A) in the case of a felony conviction,
40 [shall not exceed the greater of] be no less than: (i) [eight] ten
41 years from the date of such sentencing, [except] including where the
42 sentence is or includes a sentence of probation on a conviction for a
43 felony sexual assault, as provided in subparagraph (iii) of paragraph
44 (a) of subdivision three of section 65.00 of the penal law[, in which
45 case, ten years from the date of such sentencing], or (ii) [eight] ten
46 years from the date of the expiration of the maximum term of an indeter-
47 minate or the term of a determinate sentence of imprisonment actually
48 imposed; or (B) in the case of a conviction for a class A misdemeanor,
49 shall not exceed the greater of: (i) five years from the date of such
50 sentencing, except where the sentence is or includes a sentence of
51 probation on a conviction for a misdemeanor sexual assault, as provided
52 in subparagraph (ii) of paragraph (b) of subdivision three of section
53 65.00 of the penal law, in which case, six years from the date of such
54 sentencing, or (ii) five years from the date of the expiration of the
55 maximum term of a definite or intermittent term actually imposed; or (C)
56 in the case of a conviction for any other offense, shall not exceed the
S. 1816 3
1 greater of: (i) two years from the date of sentencing, or (ii) two years
2 from the date of the expiration of the maximum term of a definite or
3 intermittent term actually imposed. For purposes of determining the
4 duration of an order of protection entered pursuant to this subdivision,
5 a conviction shall be deemed to include a conviction that has been
6 replaced by a youthful offender adjudication. In addition to any other
7 conditions, such an order may require the defendant:
8 § 5. The opening paragraph of subdivision 5 of section 530.12 of the
9 criminal procedure law, as amended by section 2 of chapter 9 of the laws
10 of 2011, is amended to read as follows:
11 Upon sentencing on a conviction for any crime or violation between
12 spouses, between a parent and child, or between members of the same
13 family or household as defined in subdivision one of section 530.11 of
14 this article, the court may in addition to any other disposition,
15 including a conditional discharge or youthful offender adjudication,
16 enter an order of protection. Where a temporary order of protection was
17 issued, the court shall state on the record the reasons for issuing or
18 not issuing an order of protection. The duration of such an order shall
19 be fixed by the court and, in the case of a felony conviction, shall
20 [not exceed the greater of] be no less than: (i) [five] ten years from
21 the date of such sentencing, or (ii) [three] ten years from the date of
22 the expiration of the maximum term of an indeterminate sentence of
23 imprisonment actually imposed; or in the case of a conviction for a
24 class A misdemeanor, shall not exceed three years from the date of such
25 sentencing; or in the case of a conviction for any other offense, shall
26 not exceed one year from the date of sentencing. For purposes of deter-
27 mining the duration of an order of protection entered pursuant to this
28 subdivision, a conviction shall be deemed to include a conviction that
29 has been replaced by a youthful offender adjudication. In addition to
30 any other conditions, such an order may require the defendant:
31 § 6. This act shall take effect immediately, provided that the amend-
32 ments to the opening paragraph of subdivision 5 of section 530.12 of the
33 criminal procedure law made by section four of this act shall be subject
34 to the expiration and reversion of such opening paragraph pursuant to
35 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
36 date the provisions of section five of this act shall take effect.
