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Senate Bill S6070

2009-2010 Legislative Session

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

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Archive: Last Bill Status Via A8807 - On Floor Calendar

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Bill Amendments

2009-S6070 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:
S1428

2009-S6070 - Summary

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

2009-S6070 - Sponsor Memo

2009-S6070 - Bill Text download pdf

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

                                  6070

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
replaced by a youthful offender adjudication. In addition to  any  other
conditions, such an order may require the defendant:

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

              

2009-S6070A - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:
S1428

2009-S6070A - Summary

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

2009-S6070A - Sponsor Memo

2009-S6070A - Bill Text download pdf

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

                                 6070--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Children and Families in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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)
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14293-06-0
              

2009-S6070B (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2011-2012 Legislative Session:
S1428

2009-S6070B (ACTIVE) - Summary

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

2009-S6070B (ACTIVE) - Sponsor Memo

2009-S6070B (ACTIVE) - Bill Text download pdf

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

                                 6070--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Children and Families in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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
definite or intermittent term actually imposed; or (C) in the case of  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14293-10-0
              

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