STATE OF NEW YORK
________________________________________________________________________
4393
2013-2014 Regular Sessions
IN SENATE
March 26, 2013
___________
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 separately amended by chapters 325 and 341 of the laws of 2010,
3 is amended to read 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.
LBD03956-01-3
S. 4393 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 622 of the laws of 1990, 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 597 of the laws
21 of 1998, 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 section 1 of chapter 9 of the laws
30 of 2011, 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, shall
40 [not exceed the greater of] be no less than: (i) [eight] ten years from
41 the date of such sentencing, or (ii) [eight] ten years from the date of
42 the expiration of the maximum term of an indeterminate or the term of a
43 determinate sentence of imprisonment actually imposed; or (B) in the
44 case of a conviction for a class A misdemeanor, shall not exceed the
45 greater of: (i) five years from the date of such sentencing, or (ii)
46 five years from the date of the expiration of the maximum term of a
47 definite or intermittent term actually imposed; or (C) in the case of a
48 conviction for any other offense, shall not exceed the greater of: (i)
49 two years from the date of sentencing, or (ii) two years from the date
50 of the expiration of the maximum term of a definite or intermittent term
51 actually imposed. For purposes of determining the duration of an order
52 of protection entered pursuant to this subdivision, a conviction shall
53 be deemed to include a conviction that has been replaced by a youthful
54 offender adjudication. In addition to any other conditions, such an
55 order may require the defendant:
S. 4393 3
1 § 5. The opening paragraph of subdivision 5 of section 530.12 of the
2 criminal procedure law, as amended by section 2 of chapter 9 of the laws
3 of 2011, 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, in the case of a felony conviction, shall
13 [not exceed the greater of] be no less than: (i) [five] ten years from
14 the date of such sentencing, or (ii) [three] ten years from the date of
15 the expiration of the maximum term of an indeterminate sentence of
16 imprisonment actually imposed; or in the case of a conviction for a
17 class A misdemeanor, shall not exceed three years from the date of such
18 sentencing; or in the case of a conviction for any other offense, shall
19 not exceed one year from the date of sentencing. For purposes of deter-
20 mining the duration of an order of protection entered pursuant to this
21 subdivision, a conviction shall be deemed to include a conviction that
22 has been replaced by a youthful offender adjudication. In addition to
23 any other conditions, such an order may require the defendant:
24 § 6. This act shall take effect immediately, provided that the amend-
25 ments to the opening paragraph of subdivision 5 of section 530.12 of the
26 criminal procedure law made by section four of this act shall be subject
27 to the expiration and reversion of such opening paragraph pursuant to
28 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
29 date the provisions of section five of this act shall take effect.
