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Assembly Bill A4072

2011-2012 Legislative Session

Provides for issuance of order of protection in criminal cases when defendant is found not responsible by reason of mental disease or defect

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Archive: Last Bill Status - In Assembly Committee

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2011-A4072 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4787
2013-2014: A4259
2015-2016: A4815
2017-2018: A3454
2019-2020: A5123

2011-A4072 (ACTIVE) - Summary

Provides for the issuance of orders of protection in family offense cases when defendant is found not responsible by reason of mental disease or defect, and the court issues an order of conditions in conjunction with such finding; such order of protection shall run concurrent with the order of conditions and any extensions thereof; also authorizes the issuance of a family offense order of protection in conjunction with an order of observation pursuant to article 730 of the criminal procedure law; such order shall have a term not to exceed three years following the final or temporary order of observation or from the release from the custody of the commissioner of mental health.

2011-A4072 (ACTIVE) - Bill Text download pdf 

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

                                  4072

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A. RAIA, BURLING, FITZPATRICK, KOLB, McKEVITT --
  Multi-Sponsored by -- M.  of A. CALHOUN, CONTE, FINCH,  GIGLIO,  McDO-
  NOUGH -- read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to the issuance
  of orders 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 476 of the laws of
2009, 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; OR WHEN A
DEFENDANT IS FOUND NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT
FOR SUCH A CRIME AND THE COURT PURSUANT TO SECTION 330.20 OF THIS  CHAP-
TER  ISSUES  AN  ORDER OF CONDITIONS; OR UPON THE ISSUANCE OF A FINAL OR
TEMPORARY ORDER OF OBSERVATION, PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY
OF THIS PART, RELATING TO SUCH A CRIME as defined in subdivision one  of
section  530.11  of this article, 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 expi-
ration of the maximum term of an indeterminate or the term of a determi-
nate sentence of imprisonment actually imposed; or (B) 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  inter-
mittent  term  actually  imposed; or (C) in the case of a conviction for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06713-01-1

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