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Senate Bill S3978

2009-2010 Legislative Session

Provides limits on the duration of an order of protection depending on the level of the conviction

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S3978 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.12, CP L

2009-S3978 (ACTIVE) - Summary

Provides limits on the duration of orders of protection depending on the level of the conviction; tolls family offense orders of protection for periods of imprisonment.

2009-S3978 (ACTIVE) - Sponsor Memo

2009-S3978 (ACTIVE) - Bill Text download pdf 

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

                                  3978

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the criminal procedure  law, in relation to the duration
  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 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 and[,]: (A) in
the case of a felony conviction, shall not exceed the  greater  of:  (i)
eight  years  from the date of such conviction, 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; (B)
or  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,
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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06405-01-9

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