Assembly Bill A6905

2009-2010 Legislative Session

Requires court to require prosecutors to make statement whether they are seeking a final order of protection when there is a temporary order of protection

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2009-A6905 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L

2009-A6905 (ACTIVE) - Summary

Provides that if there is a temporary order of protection against the defendant then the court must ask the prosecutor to make a statement whether he or she is also seeking a final order of protection to be part of the sentence.

2009-A6905 (ACTIVE) - Bill Text download pdf 

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

                                  6905

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced  by  M.  of  A.  SCOZZAFAVA  -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to statements at
  the time of sentencing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 380.50 of the criminal procedure
law, as amended by chapter 307 of the laws of 1992, is amended  to  read
as follows:
  1.  At  the  time  of  pronouncing sentence, the court must accord the
prosecutor an opportunity to make a statement with respect to any matter
relevant to the question of sentence.  IF THERE IS A TEMPORARY ORDER  OF
PROTECTION AGAINST THE DEFENDANT PURSUANT TO SECTION 530.12 OR 530.13 OF
THIS CHAPTER, THEN THE COURT MUST ASK THE PROSECUTOR TO MAKE A STATEMENT
WHETHER HE OR SHE IS ALSO SEEKING A FINAL ORDER OF PROTECTION TO BE PART
OF THE SENTENCE. The court must then accord counsel for the defendant an
opportunity  to speak on behalf of the defendant. The defendant also has
the right to make a statement personally in his or her own  behalf,  and
before  pronouncing sentence the court must ask the defendant whether he
or she wishes to make such a statement.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08517-01-9

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