Do you support this bill?

Assembly Bill A4935

2009-2010 Legislative Session

Extends final orders of protection and allows for the court to renew such orders for a duration

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

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

2009-A4935 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.12, CP L

2009-A4935 (ACTIVE) - Summary

Extends final orders of protection after a conviction of a felony to ten years from the date of such conviction or ten 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; and allows for the court to renew such orders for a duration upon finding by the issuing court.

2009-A4935 (ACTIVE) - Bill Text download pdf 

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

                                  4935

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A. ESPAILLAT, N. RIVERA, FIELDS, LAVINE, WRIGHT,
  BOYLAND, COOK, REILLY -- Multi-Sponsored by -- M. of A. ABBATE,  ALFA-
  NO,  BACALLES,  BARRA,  BENJAMIN,  CHRISTENSEN, DIAZ, ERRIGO, FARRELL,
  GREENE, GUNTHER, JOHN, V. LOPEZ, LUPARDO, MAYERSOHN,  PERRY,  PHEFFER,
  ROBINSON,  WEISENBERG,  ZEBROWSKI  --  read  once  and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  extending
  final orders of protection after a conviction

  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  conviction of any crime or violation between spouses, parent and
child, or between members of the same family or household, 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 FOR SUCH PERI-
OD  AS  THE  COURT,  IN  ITS DISCRETION, DEEMS APPROPRIATE TO SECURE THE
PROTECTION OF PERSONS AFFECTED BY ITS TERMS, UP TO THE LIFETIME OF  SUCH
PERSON,  and[,  in]  SUCH DURATION SHALL BE STATED IN THE ORDER.  IN the
case of a felony conviction,  shall  not  exceed  the  greater  of:  (i)
[eight]  TEN years from the date of such conviction, 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 in the case of a conviction for a class A misdemeanor, shall
not  exceed  five years from the date of such conviction; or in the case
of a conviction for any other offense, shall not exceed two  years  from
the  date  of conviction.   A COURT SHALL HAVE THE AUTHORITY TO RENEW AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08394-01-9

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.