Assembly Bill A8807

2009-2010 Legislative Session

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2010	3rd reading cal.585 substituted for s6070b
Mar 16, 2010	referred to children and families delivered to senate passed assembly
Feb 24, 2010	amended on third reading (t) 8807b
Jan 25, 2010	amended on third reading (t) 8807a
Jan 06, 2010	ordered to third reading cal.625 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.575 rules report cal.575 reported
Jun 15, 2009	reported referred to rules
Jun 10, 2009	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8807 - Details

See Senate Version of this Bill:: S6070
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:: A88, S1428

2009-A8807 - Summary

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

2009-A8807 - Sponsor Memo

                                BILL NUMBER:A8807

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to determining the expiration date of an order of protection

PURPOSE OF BILL: This bill would amend certain sections of the criminal
procedure law with respect to entering an order of protection upon
sentencing.

SUMMARY OF SPECIFIC 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, by allowing for the entering
of an order of protection upon sentencing on a conviction of any crime
or violation between spouses, between parent and child or between
members of the same family or household.  Section one also amends subdi-
vision five of section 530.12 of the CPL by defining "members of the
same family or household" as such phrase is defined in subdivision one
of section 530.11 of the CPL.

Section two amends subdivision five of section 530.12 of the CPL by
clarifying that an order of protection shall continue to begin on the
date of sentencing.

Section three amends the opening paragraph of subdivision four of
section 530.13 of the CPL, as amended by chapter 215 of the laws of
2006, by allowing for the entering of an order of protection upon

sentencing on a conviction for any offense.

Section four amends subdivision four of section 530.13 of the CPL by
clarifying that an order of protection shall continue to begin on the
date of sentencing.

Section five establishes the effective date, and states that this act
shall apply to all criminal actions whenever commenced provided the
sentence therein has not been imposed prior to such effective date.

JUSTIFICATION: Pursuant to subdivision five of Criminal Procedure Law
section 530.12, a criminal court, "upon conviction of a defendant of any
crime or violation between spouses, parent and child, or between members
of the same family or household," may, in addition to any other disposi-
tion, issue a final order of protection. Similarly, pursuant to subdivi-
sion four of CPL section 530.13, a criminal court, "upon conviction* of
a defendant of any offense, where the court has not issued an order of
protection pursuant to CPL section 530.12," may, in addition to any
other disposition, issue a final order of protection. This bill would
correct an anomaly in CPL sections 530.12(5) and 530.13(4) by amending
these two provisions to provide that a final order of protection shall
be issued not on the date of conviction, as is currently required under
the statutes, but on the date of sentencing. A final order of protection
is intended to provide protection to a victim or witness during the
period following disposition of the case, when the defendant may no
longer be subject to a temporary order of protection issued as a condi-

tion of bail or recognizance (see, CPL sections 530.12(1) and 530.13(1).
It makes no sense, therefore, to require that the final order be issued
"upon conviction," when the defendant may lawfully be subject to a
temporary order of protection (i.e. one issued as a condition of bail or
recognizance) right up until the date of sentencing.

Additionally, this bill allows that a final order of protection may be
issued for any crime or violation between "members of the same family or
household," as such phrase is defined in subdivision one of section
530.11 of this article. This definition includes former spouses, those
who have never been married but have a child in common and those who are
or have been in an intimate relationship, among others.

This bill shall take effect thirty days after it becomes law, and shall
apply to all criminal actions whenever commenced provided sentence ther-
ein has not been imposed prior to such date.

*Both subdivision five of CPL section 530.12 and subdivision four of
CPT, section 530.13 provide that, for purposes of determining the dura-
tion of a final order of protection under those subdivisions, "a
conviction shall be deemed to include a conviction that has been
replaced by a youthful offender adjudication." CPL sections 530.12(5)
and 530.13(4).

LEGISLATIVE HISTORY: A.6824, 2007 and 2008 referred to codes. Same as
S.4693, 2007 and 2008 passed senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty days after becoming
law, and would apply to all criminal actions whenever commenced provided
sentence therein has not been imposed prior to such effective date.

2009-A8807 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8807

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, WEINSTEIN, JOHN, BENJAMIN, CANESTRARI,
  COOK, CYMBROWITZ, DINOWITZ, ESPAILLAT, GALEF, JAFFEE, PHEFFER,  ROBIN-
  SON, SCHIMMINGER, SWEENEY, CHRISTENSEN -- Multi-Sponsored by -- M.  of
  A. MAGEE, MARKEY, REILLY -- read once and referred 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,  BETWEEN A parent and child, or between members of the
same family or household, AS SUCH PHRASE IS 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  offen-
der  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 felo-
ny conviction, shall not exceed the greater of: (i) eight years from the
date  of such [conviction] 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;  or  in  the  case  of  a
conviction  for  any  other offense, shall not exceed two years from the
date of [conviction] SENTENCING.  For purposes of determining the  dura-
tion  of  an order of protection entered pursuant to this subdivision, a
conviction shall be  deemed  to  include  a  conviction  that  has  been

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD14293-02-9

A. 8807                             2

replaced  by  a youthful offender adjudication. In addition to any other
conditions, such an order may require the defendant:
  S  2.  The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 384 of the laws  of  2001,
is amended to read as follows:
  Upon  SENTENCING  ON  A  conviction  [of]  FOR  any crime or violation
between spouses, BETWEEN A parent and child, or between members  of  the
same  family  or household, AS SUCH PHRASE IS 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 offen-
der 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 felo-
ny conviction, shall not exceed the greater of: (i) five years from  the
date  of such [conviction] SENTENCING, or (ii) three 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
[conviction]  SENTENCING;  or  in the case of a conviction for any other
offense, shall not  exceed  one  year  from  the  date  of  [conviction]
SENTENCING.    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:
  S  3.  The opening paragraph of subdivision 4 of section 530.13 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 offense, where the court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing 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,  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;  or  in the case of a conviction for any other
offense, shall not exceed  two  years  from  the  date  of  [conviction]
SENTENCING.    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 that the defendant:
  S  4.  The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by chapter 384 of the laws  of  2001,
is amended to read as follows:
  Upon  SENTENCING ON A conviction [of] FOR any offense, where the court
has not issued an order of protection pursuant to section 530.12 of this
article, the court may, in addition to any other disposition,  including
a  conditional  discharge  or  youthful  offender adjudication, enter an

A. 8807                             3

order of protection. Where a temporary order of protection  was  issued,
the court shall state on the record the reasons for issuing or not issu-
ing 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) five  years  from  the  date  of  such  [conviction]
SENTENCING,  or  (ii) three 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 [conviction] SENTENCING; or
in  the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] 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 that the defendant:
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law  and  shall  apply to all criminal actions whenever
commenced provided sentence therein has not been imposed prior  to  such
effective  date;  provided,  however, that the amendments to the opening
paragraph of subdivision 5 of section 530.12 and the  opening  paragraph
of subdivision 4 of section 530.13 of the criminal procedure law made by
sections  one  and  three of this act shall be subject to the expiration
and reversion of such paragraphs pursuant to chapter 3 of  the  laws  of
1995, as amended, when upon such date the provisions of sections two and
four of this act shall take effect.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8807A - Details

See Senate Version of this Bill:: S6070
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:: A88, S1428

2009-A8807A - Summary

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

2009-A8807A - Sponsor Memo

                                BILL NUMBER:A8807A

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to determining the expiration date of an order  of  protection;  and  to
amend  the  sentencing reform act of 1995, in relation to the effective-
ness thereof

PURPOSE OF BILL: This bill would amend certain sections of the  criminal
procedure  law  with  respect  to  entering  an order of protection upon
sentencing.

SUMMARY OF SPECIFIC 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, by allowing for the entering
of  an  order of protection upon sentencing on a conviction of any crime
or violation between  spouses,  between  parent  and  child  or  between
members of the same family or household.

Section  two amends the opening paragraph of subdivision four of section
530.13 of the CPL, as amended by chapter 215 of the  laws  of  2006,  by
allowing for the entering of an order of protection upon sentencing on a
conviction for any offense.

Section  three  amends  subdivision  d of section 74 of chapter 3 of the
laws of 1995, constituting the sentencing reform act of 1995, as amended
by section 21 of part 0 of chapter 56  of  the  laws  of  2009,  to  add

sections 35 and 38 to be deemed repealed on September 1, 2011.

Section  four  establishes  the effective date, and states that this act
shall apply to all criminal  actions  whenever  commenced  provided  the
sentence therein has not been imposed prior to such effective date.

JUSTIFICATION:  Pursuant  to  subdivision five of Criminal Procedure Law
section 530.12, a criminal court, "upon conviction of  a'  defendant  of
any  crime  or  violation  between spouses, parent and child, or between
members of the same family or household," may, in addition to any  other
disposition,  issue  a final order of protection. Similarly, pursuant to
subdivision  four  of  CPL  section  530.13,  a  criminal  court,  "upon
conviction*  of  a  defendant  of  any  offense, where the court has not
issued an order of protection pursuant to CPL section 530.12,"  may,  in
addition  to  any  other disposition, issue a final order of protection.
This bill would  correct  an  anomaly  in  CPL  sections  530.12(5)  and
530.13(4) by amending these two provisions to provide that a final order
of  protection  shall  be  issued  not  on the date of conviction, as is
currently required under the statutes, but on the date of sentencing.  A
final  order of protection is intended to provide protection to a victim
or witness during the period following disposition of the case, when the
defendant may no longer be subject to a temporary  order  of  protection
issued  as  a  condition  of  bail  or  recognizance  (see, CPL sections
530.12(1) and 530.13(1). It makes no sense, therefore, to  require  that
the  final  order  be  issued  "upon conviction," when the defendant may
lawfully be subject to a temporary order of protection (i.e. one  issued

as  a  condition  of  bail  or  recognizance) right up until the date of
sentencing.

This  bill shall take effect thirty days after it becomes law, and shall
apply to all criminal actions whenever commenced provided sentence ther-
ein has not been imposed prior to such date.

*Both subdivision five of CPL section 530.12  and  subdivision  four  of
CPT,  section 530.13 provide that, for purposes of determining the dura-
tion of a  final  order  of  protection  under  those  subdivisions,  "a
conviction  shall  be  deemed  to  include  a  conviction  that has been
replaced by a youthful offender adjudication."  CPL  sections  530.12(5)
and 530.13(4).

LEGISLATIVE  HISTORY:  A.6824,  2007 and 2008 referred to codes. Same as
S.4693, 2007 and 2008 passed senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty  days  after  becoming
law, and would apply to all criminal actions whenever commenced provided
sentence therein has not been imposed prior to such effective date.

2009-A8807A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8807--A
                                                        Cal. No. 625

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, WEINSTEIN, JOHN, BENJAMIN, CANESTRARI,
  COOK, CYMBROWITZ, DINOWITZ, ESPAILLAT, GALEF, JAFFEE, PHEFFER,  ROBIN-
  SON,  SCHIMMINGER, SWEENEY, CHRISTENSEN -- Multi-Sponsored by -- M. of
  A.  MAGEE, MARKEY, REILLY -- read once and referred to  the  Committee
  on  Codes  --  reported  from  committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to amend the criminal procedure law, in relation to determining
  the expiration date of an  order  of  protection;  and  to  amend  the
  sentencing reform act of 1995, in relation to the effectiveness there-
  of

  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 476  of  the  laws  of
2009, is amended to read as follows:
  Upon  SENTENCING  ON  A  conviction  [of]  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:  (i)  eight  years  from the date of such
[conviction] SENTENCING, or (ii) eight years from the date of the  expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate  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 [conviction] SENTENCING, or (ii)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14293-05-0

A. 8807--A                          2

five years from the date of the expiration of  the  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 [conviction] 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:
  S 2. The opening paragraph of subdivision 4 of section 530.13  of  the
criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
is amended to read as follows:
  Upon SENTENCING ON A conviction [of] FOR any offense, where the  court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing 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:  (i)  eight  years  from  the  date  of  such
[conviction] SENTENCING, or (ii) eight years from the date of the  expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate  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 [conviction] SENTENCING, or (ii)
five years from the date of the expiration of  the  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 [conviction] 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 that the defendant:
  S 3. Subdivision d of section 74 of chapter 3 of  the  laws  of  1995,
constituting the sentencing reform act of 1995, as amended by section 21
of  part  U  of  chapter  56  of the laws of 2009, is amended to read as
follows:
  d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
thirty  through  THIRTY-FIVE,  THIRTY-EIGHT,  thirty-nine, forty-two and
forty-four of this act shall be deemed repealed on September 1, 2011;
  S 4. This act shall take effect immediately;  provided  that  sections
one  and two of this act shall take effect on the thirtieth day after it
shall have become a law and shall apply to all criminal actions whenever
commenced provided sentence therein has not been imposed prior  to  such
effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8807B (ACTIVE) - Details

See Senate Version of this Bill:: S6070
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:: A88, S1428

2009-A8807B (ACTIVE) - Summary

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

2009-A8807B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8807B

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 amends certain sections of  the  criminal  procedure
law with respect to entering an order of protection upon sentencing.

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 476 of the laws of 2009, by allowing for the entering
of  an  order of protection upon sentencing on a conviction of any crime
or violation between  spouses,  between  parent  and  child  or  between
members  of the same family or household. Section one also amends subdi-
vision five of section 530,12 of the CPL by  defining  "members  of  the
same  family  or household" as such phrase is defined in subdivision one
of section 530.11 of the CPL.

Section two amends subdivision five of section  530.12  of  the  CPL  by
clarifying  that  an  order of protection shall continue to begin on the
date of sentencing.

Section three amends  the  opening  paragraph  of  subdivision  four  of
section  530.13  of  the  CPL,  as amended by chapter 476 of the laws of
2009, by allowing for the  entering  of  an  order  of  protection  upon
sentencing on a conviction for any offense.

Section  four  amend  subdivision  four  of section 530.13 of the CPL by
clarifying that an order of protection shall continue to  begin  on  the
date of sentencing,

Section  five  establishes  the effective date, and states that this act
shall apply to all criminal  actions  whenever  commenced  provided  the
sentence therein has not been imposed prior to such effective date.

JUSTIFICATION:    Pursuant to subdivision five of Criminal Procedure Law
section 530.12, a criminal court, "upon conviction of a defendant of any
crime or violation between spouses, parent and child, or between members
of the same family or household," may, in addition to any other disposi-
tion, issue a final order of protection. Similarly, pursuant to subdivi-
sion four of CPL section 530.13, a criminal court may, "upon conviction"
of a defendant of any offense, where the court has not issued  an  order
of  protection  pursuant  to CPL section 530.12, may, in addition to any
other disposition, issue a final order of protection.  This  bill  would
correct  an  anomaly in CPL sections 530.12(5) and 530.13(4) by amending
these two provisions to provide that a final order of  protection  shall
be  issued not on the date of conviction, as is currently required under
the statutes, but  on  the  date  of  sentencing.    A  final  order  of
protection  is  intended  to  provide  protection to a victim or witness
during the period following disposition of the case, when the  defendant
may  no  longer be the subject to a temporary order of protection issued
as a condition of bail or recognizance (see, CPL sections 530.12(1)  and

530.13(1)).  It  makes  no  sense,  therefore, to require that the final
order be issued "upon conviction," when the defendant  may  lawfully  be
subject  to a temporary order of protection (i.e. one issued as a condi-
tion of bail or recognizance) right up until the date of sentencing.

Additionally,  this  bill allows that a final order of protection may be
issued for any crime or violation between "members of the same family or
household," as such phrase is defined  in  subdivision  one  of  section
530.11  of  this article. This definition includes former spouses, those
who have never been married but have a child in common,  and  those  who
are in an intimate relationship, among others.

This  bill shall take effect thirty days after it becomes law, and shall
apply to all criminal actions whenever commenced provided sentence ther-
ein has not been imposed prior to such date.

* Both subdivision five of CPL section 530.12 and  subdivision  four  of
CPL,  section 530.13 provide that, for purposes of determining the dura-
tion of a  final  order  of  protection  under  those  subdivisions,  "a
conviction  shall  be  deemed  to  include  a  conviction  that has been
replaced with a youthful offender adjudication." CPL sections  530.12(5)
and 530.13(4).

LEGISLATIVE  HISTORY:   A.6824, 2007 and 2008 referred to Codes. Same as
S.4693 2007 and 2008 passed senate

FISCAL IMPLICATIONS:; None.

EFFECTIVE DATE:  This act shall take effect 30 days after becoming  law,
and  would  apply  to  all  criminal actions whenever commenced provided
sentence therein has not been imposed prior to such effective date.

2009-A8807B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8807--B
                                                        Cal. No. 625

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, WEINSTEIN, JOHN, BENJAMIN, CANESTRARI,
  COOK, CYMBROWITZ, DINOWITZ, ESPAILLAT, GALEF, JAFFEE, PHEFFER,  ROBIN-
  SON,  SCHIMMINGER, SWEENEY, CHRISTENSEN -- Multi-Sponsored by -- M. of
  A.  MAGEE, MARKEY, REILLY -- read once and referred to  the  Committee
  on  Codes  --  reported  from  committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third  reading  --  again amended on third reading, ordered reprinted,
  retaining its place on the order of third reading

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 476  of  the  laws  of
2009, is amended to read as follows:
  Upon  SENTENCING  ON  A  conviction  [of]  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:  (i)  eight  years  from the date of such
[conviction] SENTENCING, or (ii) eight years from the date of the  expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate  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 [conviction] SENTENCING, or (ii)
five years from the date of the expiration of  the  maximum  term  of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14293-09-0

A. 8807--B                          2

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 [conviction] 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:
  S  2.  The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 384 of the laws  of  2001,
is amended to read as follows:
  Upon  SENTENCING  ON  A  conviction  [of]  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: (i) five years from the date of such [conviction]
SENTENCING,  or  (ii) three 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 [conviction] SENTENCING; or
in  the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] 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:
  S 3. The opening paragraph of subdivision 4 of section 530.13  of  the
criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
is amended to read as follows:
  Upon SENTENCING ON A conviction [of] FOR any offense, where the  court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing 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:  (i)  eight  years  from  the  date  of  such
[conviction] SENTENCING, or (ii) eight years from the date of the  expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate  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 [conviction] SENTENCING, or (ii)
five years from the date of the expiration of  the  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 [conviction] 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. 8807--B                          3

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 that the defendant:
  S  4.  The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by chapter 384 of the laws  of  2001,
is amended to read as follows:
  Upon  SENTENCING ON A conviction [of] FOR any offense, where the court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing 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) five  years  from  the  date  of  such  [conviction]
SENTENCING,  or  (ii) three 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 [conviction] SENTENCING; or
in  the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] 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 that the defendant:
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law  and  shall  apply to all criminal actions whenever
commenced provided sentence therein has not been imposed prior  to  such
effective  date;  provided,  however, that the amendments to the opening
paragraph of subdivision 5 of section 530.12 and the  opening  paragraph
of subdivision 4 of section 530.13 of the criminal procedure law made by
sections  one  and  three of this act shall be subject to the expiration
and reversion of such paragraphs pursuant to chapter 3 of  the  laws  of
1995, as amended, when upon such date the provisions of sections two and
four of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A8807

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A8807 - Details

2009-A8807 - Summary

2009-A8807 - Sponsor Memo

2009-A8807 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8807A - Details

2009-A8807A - Summary

2009-A8807A - Sponsor Memo

2009-A8807A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8807B (ACTIVE) - Details

2009-A8807B (ACTIVE) - Summary

2009-A8807B (ACTIVE) - Sponsor Memo

2009-A8807B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A8807

Assembly Bill A8807

Share this bill

Sponsored By

PAULIN

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Helene Weinstein

Susan John

Michael Benjamin

Ronald Canestrari

multi-Sponsors

William Magee

Margaret Markey

Robert Reilly

2009-A8807 - Details

2009-A8807 - Summary

2009-A8807 - Sponsor Memo

2009-A8807 - Bill Text download pdf

co-Sponsors

Helene Weinstein

Susan John

Michael Benjamin

Ronald Canestrari

multi-Sponsors

William Magee

Margaret Markey

Robert Reilly

2009-A8807A - Details

2009-A8807A - Summary

2009-A8807A - Sponsor Memo

2009-A8807A - Bill Text download pdf

co-Sponsors

Helene Weinstein

Susan John

Michael Benjamin

Ronald Canestrari

multi-Sponsors

William Magee

Margaret Markey

John McEneny

Marcus Molinaro

2009-A8807B (ACTIVE) - Details

2009-A8807B (ACTIVE) - Summary

2009-A8807B (ACTIVE) - Sponsor Memo

2009-A8807B (ACTIVE) - Bill Text download pdf

Comments