STATE OF NEW YORK
________________________________________________________________________
2275
2023-2024 Regular Sessions
IN SENATE
January 19, 2023
___________
Introduced by Sens. PALUMBO, BORRELLO, MATTERA, OBERACKER, ORTT, WEIK --
read twice and ordered printed, and when printed to be committed to
the Committee on Children and Families
AN ACT to amend the criminal procedure law, in relation to allowing
lifetime orders of protection in certain cases
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 5 of section 530.12 of
2 the criminal procedure law, as amended by chapter 240 of the laws of
3 2015, is amended to read as follows:
4 Upon sentencing on a conviction for any crime or violation between
5 spouses, between a parent and child, or between members of the same
6 family or household as defined in subdivision one of section 530.11 of
7 this article, the court may in addition to any other disposition,
8 including a conditional discharge or youthful offender adjudication,
9 enter an order of protection. Where a temporary order of protection was
10 issued, the court shall state on the record the reasons for issuing or
11 not issuing an order of protection. The duration of such an order shall
12 be fixed by the court and: (A) in the case of a felony conviction, shall
13 not exceed the greater of: (i) eight years from the date of such
14 sentencing[, except where the sentence is or includes a sentence of
15 probation on a conviction for a felony sexual assault, as provided in
16 subparagraph (iii) of paragraph (a) of subdivision three of section
17 65.00 of the penal law, in which case, ten years from the date of such
18 sentencing], or (ii) eight years from the date of the expiration of the
19 maximum term of an indeterminate or the term of a determinate sentence
20 of imprisonment actually imposed, or (iii) the lifetime of the defendant
21 or the victim, whichever is shorter, in the case of a conviction for any
22 felony under article one hundred twenty, one hundred twenty-five, one
23 hundred thirty, one hundred thirty-five or two hundred sixty-three or
24 section 255.25, 255.26 or 255.27 of the penal law, or an attempt to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06755-01-3
S. 2275 2
1 commit any felony under such articles or sections; or (B) in the case of
2 a conviction for a class A misdemeanor, shall not exceed the greater of:
3 (i) five years from the date of such sentencing, except where the
4 sentence is or includes a sentence of probation on a conviction for a
5 misdemeanor sexual assault, as provided in subparagraph (ii) of para-
6 graph (b) of subdivision three of section 65.00 of the penal law, in
7 which case, six years from the date of such sentencing, or (ii) five
8 years from the date of the expiration of the maximum term of a definite
9 or intermittent term actually imposed; or (C) in the case of a
10 conviction for any other offense, shall not exceed the greater of: (i)
11 two years from the date of sentencing, or (ii) two years from the date
12 of the expiration of the maximum term of a definite or intermittent term
13 actually imposed. For purposes of determining the duration of an order
14 of protection entered pursuant to this subdivision, a conviction shall
15 be deemed to include a conviction that has been replaced by a youthful
16 offender adjudication. In addition to any other conditions, such an
17 order may require the defendant:
18 § 2. The opening paragraph of subdivision 5 of section 530.12 of the
19 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
20 amended to read as follows:
21 Upon sentencing on a conviction for any crime or violation between
22 spouses, between a parent and child, or between members of the same
23 family or household as defined in subdivision one of section 530.11 of
24 this article, the court may in addition to any other disposition,
25 including a conditional discharge or youthful offender adjudication,
26 enter an order of protection. Where a temporary order of protection was
27 issued, the court shall state on the record the reasons for issuing or
28 not issuing an order of protection. The duration of such an order shall
29 be fixed by the court and, in the case of a felony conviction, shall not
30 exceed the greater of: (i) five years from the date of such sentencing,
31 or (ii) three years from the date of the expiration of the maximum term
32 of an indeterminate sentence of imprisonment actually imposed, or (iii)
33 the lifetime of the defendant or the victim, whichever is shorter, in
34 the case of a conviction for any felony under article one hundred twen-
35 ty, one hundred twenty-five, one hundred thirty, one hundred thirty-five
36 or two hundred sixty-three or section 255.25, 255.26 or 255.27 of the
37 penal law, or an attempt to commit any felony under such articles or
38 sections; or in the case of a conviction for a class A misdemeanor,
39 shall not exceed three years from the date of such sentencing; or in the
40 case of a conviction for any other offense, shall not exceed one year
41 from the date of sentencing. For purposes of determining the duration of
42 an order of protection entered pursuant to this subdivision, a
43 conviction shall be deemed to include a conviction that has been
44 replaced by a youthful offender adjudication. In addition to any other
45 conditions, such an order may require the defendant:
46 § 3. The opening paragraph of subdivision 4 of section 530.13 of the
47 criminal procedure law, as amended by chapter 240 of the laws of 2015,
48 is amended to read as follows:
49 Upon sentencing on a conviction for any offense, where the court has
50 not issued an order of protection pursuant to section 530.12 of this
51 article, the court may, in addition to any other disposition, including
52 a conditional discharge or youthful offender adjudication, enter an
53 order of protection. Where a temporary order of protection was issued,
54 the court shall state on the record the reasons for issuing or not issu-
55 ing an order of protection. The duration of such an order shall be fixed
56 by the court and; (A) in the case of a felony conviction, shall not
S. 2275 3
1 exceed the greater of: (i) eight years from the date of such sentenc-
2 ing[, except where the sentence is or includes a sentence of probation
3 on a conviction for a felony sexual assault, as provided in subparagraph
4 (iii) of paragraph (a) of subdivision three of section 65.00 of the
5 penal law, in which case, ten years from the date of such sentencing],
6 or (ii) eight years from the date of the expiration of the maximum term
7 of an indeterminate or the term of a determinate sentence of imprison-
8 ment actually imposed, or (iii) the lifetime of the defendant or the
9 victim, whichever is shorter, in the case of a conviction for any felony
10 under article one hundred twenty, one hundred twenty-five, one hundred
11 thirty, one hundred thirty-five or two hundred sixty-three or section
12 255.25, 255.26 or 255.27 of the penal law, or an attempt to commit any
13 felony under such articles or sections; or (B) in the case of a
14 conviction for a class A misdemeanor, shall not exceed the greater of:
15 (i) five years from the date of such sentencing, except where the
16 sentence is or includes a sentence of probation on a conviction for a
17 misdemeanor sexual assault, as provided in subparagraph (ii) of para-
18 graph (b) of subdivision three of section 65.00 of the penal law, in
19 which case, six years from the date of such sentencing or (ii) five
20 years from the date of the expiration of the maximum term of a definite
21 or intermittent term actually imposed; or (C) in the case of a
22 conviction for any other offense, shall not exceed the greater of: (i)
23 two years from the date of sentencing, or (ii) two years from the date
24 of the expiration of the maximum term of a definite or intermittent term
25 actually imposed. For purposes of determining the duration of an order
26 of protection entered pursuant to this subdivision, a conviction shall
27 be deemed to include a conviction that has been replaced by a youthful
28 offender adjudication. In addition to any other conditions such an
29 order may require that the defendant:
30 § 4. The opening paragraph of subdivision 4 of section 530.13 of the
31 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
32 amended to read as follows:
33 Upon sentencing on a conviction for any offense, where the court has
34 not issued an order of protection pursuant to section 530.12 of this
35 article, the court may, in addition to any other disposition, including
36 a conditional discharge or youthful offender adjudication, enter an
37 order of protection. Where a temporary order of protection was issued,
38 the court shall state on the record the reasons for issuing or not issu-
39 ing an order of protection. The duration of such an order shall be fixed
40 by the court and, in the case of a felony conviction, shall not exceed
41 the greater of: (i) five years from the date of such sentencing, or (ii)
42 three years from the date of the expiration of the maximum term of an
43 indeterminate sentence of imprisonment actually imposed, or (iii) the
44 lifetime of the defendant or the victim, whichever is shorter, in the
45 case of a conviction for any felony under article one hundred twenty,
46 one hundred twenty-five, one hundred thirty, one hundred thirty-five or
47 two hundred sixty-three or section 255.25, 255.26 or 255.27 of the penal
48 law, or an attempt to commit any felony under such articles or sections;
49 or in the case of a conviction for a class A misdemeanor, shall not
50 exceed three years from the date of such sentencing; or in the case of a
51 conviction for any other offense, shall not exceed one year from the
52 date of sentencing. For purposes of determining the duration of an order
53 of protection entered pursuant to this subdivision, a conviction shall
54 be deemed to include a conviction that has been replaced by a youthful
55 offender adjudication. In addition to any other conditions such an order
56 may require that the defendant:
S. 2275 4
1 § 5. The criminal procedure law is amended by adding a new section
2 530.13-a to read as follows:
3 § 530.13-a Lifetime orders of protection in certain cases.
4 1. (a) Notwithstanding any provision of law to the contrary, a victim
5 of any felony under article one hundred twenty, one hundred twenty-five,
6 one hundred thirty, or one hundred thirty-five or section 255.25, 255.26
7 or 255.27 of the penal law, or any attempt to commit any such felony
8 offense, may file a petition for a lifetime order of protection against
9 the offender who was convicted of such crime in accordance with the
10 procedures set forth in this section.
11 (b) A petition for a lifetime order of protection pursuant to this
12 section may be filed by an unemancipated person under eighteen years of
13 age. Such petition shall be signed by one of the unemancipated person's
14 parents or guardians. The petition may also be signed by a caseworker at
15 a not-for-profit organization that receives funds from the office of
16 children and family services for family violence and child abuse
17 prevention and shelters; provided, however, that a petition signed by a
18 caseworker may not be filed against the unemancipated minor's parent or
19 legal guardian. In such case, unless the court finds that the action
20 would create a threat of serious harm to the minor, a copy of the peti-
21 tion and notice of hearing shall also be served on the parents of the
22 minor child, or if the parents are not living together and jointly
23 caring for the child, upon the primary custodial parent. In cases before
24 the family court where the office of children and family services is a
25 party or where a guardian ad litem has been appointed for the child by
26 the family court, the petition may be filed by the office or the guardi-
27 an ad litem.
28 2. Venue for a petition for a lifetime order of protection under this
29 section is in the county where the respondent resides or the county in
30 which the offense occurred. If the respondent is not a resident of this
31 state, the petition may be filed in the county where the petitioner
32 resides.
33 3. The court shall cause a copy of the petition and notice of the date
34 set for the hearing on such petition to be served upon the respondent at
35 least five days prior to the hearing. The notice shall advise the
36 respondent that he or she may be represented by counsel. In every case,
37 unless the court finds that the action would create a threat of serious
38 harm to the minor, when a petitioner is under eighteen years of age, a
39 copy of the petition, and notice of hearing shall also be served on the
40 parents of the minor child, or in the event that the parents are not
41 living together and jointly caring for the child, upon the primary resi-
42 dential parent, pursuant to the requirements of this section.
43 4. At the hearing on the petition, the court shall, if the petitioner
44 has proved the respondent was convicted of any felony under article one
45 hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
46 thirty-five or two hundred sixty-three of the penal law, or an attempt
47 to commit a felony under such articles and that the petitioner was the
48 victim of the offense, issue a lifetime order of protection that remains
49 in effect for the lifetime of the petitioner or the respondent whichever
50 is shorter. If the petitioner has not provided proof that respondent was
51 convicted of such an offense and that the petitioner was the victim of
52 the offense, the court shall dismiss the petition.
53 5. A lifetime order of protection granted under this section shall:
54 (a) prohibit the respondent from coming about the petitioner for any
55 purpose, from telephoning, contacting, or otherwise communicating with
56 the petitioner, directly or indirectly;
S. 2275 5
1 (b) include a statement of the maximum penalty that may be imposed
2 pursuant to subdivision seven of this section for violating such order;
3 and
4 (c) be valid and enforceable in any county of this state.
5 6. A lifetime order of protection is effective upon the date of issu-
6 ance and shall be served within one year of such date.
7 7. (a) Upon violation of a lifetime order of protection, the court may
8 hold the defendant in civil or criminal contempt and punish the defend-
9 ant in accordance with the law.
10 (b) In addition to the authorized punishments for contempt of court, a
11 judge may assess any person who violates a lifetime order of protection
12 a civil penalty of fifty dollars. The judge may further order that any
13 support payment made pursuant to an order of protection or a court-ap-
14 proved consent agreement be made under an income assignment to the clerk
15 of court. Upon collecting the civil penalty imposed by this subdivision,
16 the clerk shall, on a monthly basis, send the money to the state comp-
17 troller who shall deposit it in the domestic violence awareness fund
18 pursuant to section ninety-seven-yyy of the state finance law as added
19 by chapter 634 of the laws of 2002.
20 8. An arrest for violation of a lifetime order of protection issued
21 pursuant to this section may be with or without warrant. A law enforce-
22 ment officer shall arrest the respondent without a warrant if:
23 (a) the police officer or peace officer has proper jurisdiction over
24 the area in which the violation occurred;
25 (b) the police officer or peace officer has reasonable cause to
26 believe the respondent has violated or is in violation of a lifetime
27 order of protection; and
28 (c) the police officer or peace officer has verified whether a life-
29 time order of protection is in effect against the respondent. If neces-
30 sary, the officer may verify the existence of a lifetime order of
31 protection by telephone or radio communication with the appropriate law
32 enforcement agency.
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 one of this act shall be subject
36 to the expiration and reversion of such paragraph pursuant to subdivi-
37 sion d of section 74 of chapter 3 of the laws of 1995, as amended, when
38 upon such date the provisions of section two of this act shall take
39 effect; and provided further that the amendments to the opening para-
40 graph of subdivision 4 of section 530.13 of the criminal procedure law
41 made by section three of this act shall be subject to the expiration and
42 reversion of such paragraph pursuant to subdivision d of section 74 of
43 chapter 3 of the laws of 1995, as amended, when upon such date the
44 provisions of section four of this act shall take effect.
