S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1909
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  The  opening paragraph of section 842 of the family court
 act, as amended by chapter 335 of the laws of 2019, is amended  to  read
 as follows:
   An  order  of protection under section eight hundred forty-one of this
 part shall set forth reasonable conditions of behavior  to  be  observed
 for  a period not in excess of two years by the petitioner or respondent
 or for a period not in excess of five years upon (i) a  finding  by  the
 court  on  the  record  of the existence of aggravating circumstances as
 defined in paragraph (vii) of subdivision (a) of section  eight  hundred
 twenty-seven  of  this  article;  or  (ii) a finding by the court on the
 record that the conduct alleged in the petition is  in  violation  of  a
 valid  order  of  protection.   IN CASES INVOLVING DOMESTIC VIOLENCE, AN
 ORDER OF PROTECTION SHALL BE OBSERVED BY THE  PETITIONER  OR  RESPONDENT
 FOR  A  PERIOD  OF  NO  LESS THAN FIVE YEARS. Any finding of aggravating
 circumstances pursuant to this section shall be stated on the record and
 upon the order of protection. The court may also,  upon  motion,  extend
 the  order  of protection for a reasonable period of time upon a showing
 of good cause or consent of the parties. The fact  that  abuse  has  not
 occurred  during  the pendency of an order shall not, in itself, consti-
 tute sufficient ground for denying or failing to extend the  order.  The
 court  must articulate a basis for its decision on the record. The dura-
 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
 
 ing the length or issuance of any final order.  Any order of  protection
 issued  pursuant  to this section shall specify if an order of probation
 is in effect. Any order of protection issued pursuant  to  this  section
 may require the petitioner or the respondent:
   §  2.  The  opening  paragraph of subdivision 1 of section 1056 of the
 family court act, as amended by chapter 526 of  the  laws  of  2013,  is
 amended to read as follows:
   The court may make an order of protection in assistance or as a condi-
 tion  of  any other order made under this part. Such order of protection
 shall remain in effect concurrently with, shall expire no later than the
 expiration date of, and may be extended concurrently  with,  such  other
 order  made  under  this part, except as provided in subdivision four of
 this section. The order of protection may set  forth  reasonable  condi-
 tions of behavior to be observed for a specified time by a person who is
 before the court and is a parent or a person legally responsible for the
 child's care or the spouse of the parent or other person legally respon-
 sible  for  the  child's  care,  or  both.   IN CASES INVOLVING DOMESTIC
 VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED BY THE PETITIONER  OR
 RESPONDENT  FOR  A  PERIOD OF NO LESS THAN FIVE YEARS. Such an order may
 require any such person
   § 3. The opening paragraph of paragraph a of subdivision 3 of  section
 240 of the domestic relations law, as amended by chapter 526 of the laws
 of 2013, is amended to read as follows:
   The court may make an order of protection in assistance or as a condi-
 tion  of  any  other  order  made  under  this  section.    The order of
 protection may  set  forth  reasonable  conditions  of  behavior  to  be
 observed for a specified time by any party.  IN CASES INVOLVING DOMESTIC
 VIOLENCE,  AN  ORDER  OF PROTECTION SHALL BE OBSERVED FOR A PERIOD OF NO
 LESS THAN FIVE YEARS. Such an order may require any party:
   § 4. The opening paragraph of subdivision 5 of section 530.12  of  the
 criminal  procedure  law, as amended by chapter 240 of the laws of 2015,
 is amended to read as follows:
   Upon sentencing on a conviction for any  crime  or  violation  between
 spouses,  between  a  parent  and  child, or between members of the same
 family or household as defined in subdivision one of section  530.11  of
 this  article,  the  court  may  in  addition  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: (A) in  the  case  of  a  felony  conviction,
 [shall  not  exceed  the  greater  of] BE NO LESS THAN:  (i) [eight] TEN
 years from the date of such sentencing,  [except]  INCLUDING  where  the
 sentence  is  or  includes a sentence of probation on a conviction for a
 felony sexual assault, as provided in subparagraph  (iii)  of  paragraph
 (a)  of  subdivision  three of section 65.00 of the penal law[, in which
 case, ten years from the date of such sentencing], or (ii)  [eight]  TEN
 years from the date of the expiration of the maximum term of an indeter-
 minate  or  the  term of a determinate sentence of imprisonment actually
 imposed; or (B) in the case of a conviction for a class  A  misdemeanor,
 shall  not  exceed  the greater of: (i) five years from the date of such
 sentencing, except where the sentence  is  or  includes  a  sentence  of
 probation  on a conviction for a misdemeanor sexual assault, as provided
 in subparagraph (ii) of paragraph (b) of subdivision  three  of  section
 65.00  of  the penal law, in which case, six years from the date of such
 sentencing, or (ii) five years from the date of the  expiration  of  the

 A. 1909                             3
 
 maximum term of a definite or intermittent term actually imposed; or (C)
 in  the case of a conviction for any other offense, shall not exceed the
 greater of: (i) two years from the date of sentencing, or (ii) two years
 from  the  date  of  the expiration of the maximum term of a definite or
 intermittent term actually imposed.  For  purposes  of  determining  the
 duration of an order of protection entered pursuant to this subdivision,
 a  conviction  shall  be  deemed  to  include a conviction that has been
 replaced by a youthful offender adjudication.  In addition to any  other
 conditions, such an order may require the defendant:
   §  5.  The opening paragraph of subdivision 5 of section 530.12 of the
 criminal procedure law, as amended by chapter 9 of the laws of 2011,  is
 amended to read as follows:
   Upon  sentencing  on  a  conviction for any crime or violation between
 spouses, between a parent and child, or  between  members  of  the  same
 family  or  household as defined in subdivision one of section 530.11 of
 this article, the court  may  in  addition  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] BE NO LESS THAN:  (i) [five] TEN years  from
 the  date of such sentencing, or (ii) [three] TEN years from the date of
 the expiration of the maximum  term  of  an  indeterminate  sentence  of
 imprisonment  actually  imposed;  or  in  the case of a conviction for a
 class A misdemeanor, shall not exceed three years from the date of  such
 sentencing;  or in the case of a conviction for any other offense, shall
 not exceed one year from the date of sentencing. For purposes of  deter-
 mining  the  duration of an order of protection entered pursuant to this
 subdivision, a conviction shall be deemed to include a  conviction  that
 has  been  replaced  by a youthful offender adjudication. In addition to
 any other conditions, such an order may require the defendant:
   § 6. This act shall take effect immediately, provided that the  amend-
 ments to the opening paragraph of subdivision 5 of section 530.12 of the
 criminal procedure law made by section four of this act shall be subject
 to  the  expiration  and reversion of such opening paragraph pursuant to
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date the provisions of section five of this act shall take effect.