Senate Bill S6865

2009-2010 Legislative Session

Provides a mandatory jail sentence for violations of non-family orders of protection and global positioning system monitoring for certain defendants

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S6865 (ACTIVE) - Details

See Assembly Version of this Bill:
A9952
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.13, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4259, A5261
2013-2014: S2243, A7998, A9340
2015-2016: S1994, A6086
2017-2018: S1611, A6942

2009-S6865 (ACTIVE) - Summary

Provides a mandatory jail sentence of thirty days for violations of non-family orders of protection and global positioning system monitoring for certain defendants.

2009-S6865 (ACTIVE) - Sponsor Memo

2009-S6865 (ACTIVE) - Bill Text download pdf 

                            
                    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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