BILL NUMBER:A9952
TITLE OF BILL: An act to amend the criminal procedure law, in relation
to orders of protection for non-family offenses
PURPOSE: To amend Subdivision 8 of Section 530.12 of the Criminal
Procedure Law dealing with failure to obey orders of protection issued
by a court.
JUSTIFICATION: The legislation provides for a mandatory jail sentence
for persons who violate non family orders of protection and establishes
a procedure for requiring global positioning system (ankle bracelet) for
repeat offenders of this section.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: Sixty days after it shall have become a law.
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6865 A. 9952
S E N A T E - A S S E M B L Y
February 17, 2010
___________
IN SENATE -- Introduced by Sen. PADAVAN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. MENG -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders of
protection for non-family offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 530.13 of the criminal procedure
law, as added by chapter 388 of the laws of 1984, is amended to read as
follows:
8. If a defendant is brought before the court for failure to obey any
lawful order issued under this section and if, after hearing, the court
is satisfied by competent proof that the defendant has willfully failed
to obey any such order, the court [may] SHALL:
(a) revoke an order of recognizance or bail and commit the defendant
to custody FOR A MINIMUM OF THIRTY DAYS; or
(b) restore the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant to custody
[or impose or increase bail pending a trial of the original crime or
violation] FOR A MINIMUM OF THIRTY DAYS; or
(c) revoke a conditional discharge in accordance with section 410.70
of this chapter and [impose probation supervision or] impose a sentence
of imprisonment in accordance with the penal law based on the original
conviction WHICH SHALL BE FOR A MINIMUM OF THIRTY DAYS; or
(d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the penal law
based on the original conviction WHICH SHALL BE FOR A MINIMUM OF THIRTY
DAYS. In addition, if the act which constitutes the violation of the
order of protection or temporary order of protection is a crime or a
violation the defendant may be charged with and tried for that crime or
violation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15814-01-0
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