Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 24, 2009 |
referred to codes |
Senate Bill S4591
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4591 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A776
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§530.12 & 530.13, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S888, A87
2009-S4591 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4591 TITLE OF BILL : An act to amend the criminal procedure law, in relation to determining the expiration date of an order of protection PURPOSE : This bill would amend certain sections of the criminal procedure law with respect to the duration of orders of protection. SUMMARY OF PROVISIONS : Section one amends the opening paragraph of subdivision five of section 530.12 of the criminal procedure law, as amended by chapter 215 of the laws of 2006, to provide for the entering of an order of protection upon sentencing on a conviction of any crime or violation between spouses or former spouses, between parent and child or between members of the same family or household. In the case of a felony conviction, the court shall fix the duration of an order of protection at not more than eight years from the date of sentencing, except where the sentence is or includes a sentence of probation on a conviction for a felony sexual assault, as defined in subdivision three of section 65.00 of the penal law, in which case, ten years from the date of such sentencing, or eight years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed. In the case of a conviction
2009-S4591 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4591 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to determining the expiration date of an order of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 5 of section 530.12 of the criminal procedure law, as amended by chapter 215 of the laws of 2006, is amended to read as follows: Upon SENTENCING ON A conviction [of] FOR any crime or violation between spouses[,] OR FORMER SPOUSES, BETWEEN A parent and child, or between members of the same family or household, the court may in addi- tion to any other disposition, including a conditional discharge or youthful offender adjudication, enter an order of protection. Where a temporary order of protection was issued, the court shall state on the record the reasons for issuing or not issuing an order of protection. The duration of such an order shall be fixed by the court and, in the case of a felony conviction, shall not exceed the greater of: (i) eight years from the date of such [conviction] SENTENCING, EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A FELONY SEXUAL ASSAULT, AS DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF THE PENAL LAW, IN WHICH CASE, TEN YEARS FROM THE DATE OF SUCH SENTENCING, or (ii) eight years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed; or in the case of a conviction for a class A misdemeanor, shall not exceed five years from the date of such [conviction;] SENTENCING, EXCEPT WHERE THE SENTENCE IS OR INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A CLASS A MISDEMEANOR SEXUAL ASSAULT, AS DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF THE PENAL LAW, IN WHICH CASE, SIX YEARS FROM THE DATE OF SUCH SENTENCING, or in the case of a conviction for any other offense, shall not exceed two EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01423-03-9
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