senate Bill S1428

Signed By Governor
2011-2012 Legislative Session

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense

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Archive: Last Bill Status Via A88 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2011 signed chap.9
Apr 01, 2011 delivered to governor
Mar 30, 2011 returned to assembly
passed senate
3rd reading cal.217
substituted for s1428
Mar 30, 2011 substituted by a88
Mar 16, 2011 advanced to third reading
Mar 15, 2011 2nd report cal.
Mar 14, 2011 1st report cal.217
Jan 07, 2011 referred to children and families

Votes

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Mar 14, 2011 - Children and Families committee Vote

S1428
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
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Children and Families Committee Vote: Mar 14, 2011

absent (1)

Co-Sponsors

S1428 - Bill Details

See Assembly Version of this Bill:
A88
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.12 & 530.13, CP L
Versions Introduced in 2009-2010 Legislative Session:
S6070B, A8807B

S1428 - Bill Texts

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Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

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BILL NUMBER:S1428

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring sex offenders to
verify their registration with the sex offender registry on a biannual
basis

PURPOSE:
To increase the number of times a sex offender has to verify
their registration with the Division of Criminal Justice Services.

SUMMARY OF PROVISIONS:
Section One - Subdivision 4 of Section 168-b of the Correction Law, as
added by Chapter 192 of the Laws of 1995, is amended to provide that
DCJS shall on random dates in each six month period of the year mail
a non-forwardable verification form to sex offenders.

Section Two - The opening paragraph of subdivision 2 of section 168-f
of the Correction Law, as added by Chapter 192 of the Laws of 1995,
is amended to change from an annual verification date to a random
biannual verification procedure.

Section Three - Subdivision 2 of section 168-g of the Correction Law,
as amended by section 18 of subpart B of part C of Chapter 62 of the
laws of 2011, is amended to provide that sex offenders must comply
with the random biannual address verification.

Section Four - Subdivisions 1 and 2 of section 168-h of the Correction
Law, as amended by Chapter 1 of the Laws of 2006, are amended to
change annually to biannually.

Section Five - Sets forth the effective date.

JUSTIFICATION:
Terrifying examples of the need for stricter laws
regulating sex offenders permeate the news across the country evening
after evening. The killing of children like Jessica Lunsford in
Florida is a sad commentary indeed that sex offender registration and
community notification are not enough to keep our children and
communities safe from such vicious predators. Law enforcement
officers need better tools to be able to keep track of the most
dangerous offenders, especially those who choose to ignore their
registration requirements under New York State's version of Megan's
Law. Therefore, it is vitally important to verify the registered
location of sex offenders to make sure that they have not moved and
are still following
their registration requirements. Under current law, level three
offenders must verify their registration every 90 days. However,
level 1 and 2 offenders are only checked on once a year with a
verification form on their anniversary of registration. Recent

attacks on children across the country have shown that sex offenders
will often abscond from their registered address to areas where law
enforcement and residents are unaware of their existence. Therefore,
it is important to verify that a sex offender is indeed living where
they are registered at least once in each six month period of time.
It also makes great sense to have this card sent randomly rather than
on a specific anniversary date when an offender knows that it is
coming.

LEGISLATIVE HISTORY:
2011-2012: S.1829A - Reported to Finance
2009-2010: S.1485 - Referred to Codes
2007-2008: S.434 - Passed Senate, Non-Controversial/Assembly
Corrections
2005-2006: S.S404A - Passed Senate/Assembly Corrections

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that any rules, regu-
lations and forms necessary to implement the provisions of this act on
its effective date are authorized and directed to be completed on or
before such date.

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

                                  1428

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND,  DeFRANCISCO,  MAZIARZ  -- 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 determining
  the expiration date 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 476 of the laws of
2009, is amended to read as follows:
  Upon SENTENCING ON A  conviction  [of]  FOR  any  crime  or  violation
between  spouses,  BETWEEN A parent and child, or between members of the
same family or household 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]  SENTENCING, 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]  SENTENCING,  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] SENTENCING, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00910-01-1

S. 1428                             2

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 youthful offender adjudication. In addition to  any  other
conditions, such an order may require the defendant:
  S  2.  The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 384 of the laws  of  2001,
is amended to read as follows:
  Upon  SENTENCING  ON  A  conviction  [of]  FOR  any crime or violation
between spouses, BETWEEN A parent and child, or between members  of  the
same family or household 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, in the case of a felony conviction, shall not
exceed the greater of: (i) five years from the date of such [conviction]
SENTENCING,  or  (ii) three years from the date of the expiration of the
maximum term of  an  indeterminate  sentence  of  imprisonment  actually
imposed; or in the case of a conviction for a class A misdemeanor, shall
not exceed three years from the date of such [conviction] SENTENCING; or
in  the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] SENTENCING.  For purposes  of  deter-
mining  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 youthful offender adjudication. In addition to
any other conditions, such an order may require the defendant:
  S 3. The opening paragraph of subdivision 4 of section 530.13  of  the
criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
is amended to read as follows:
  Upon SENTENCING ON A conviction [of] FOR any offense, where the  court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing 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] SENTENCING, 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] SENTENCING, 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] SENTENCING, 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 youthful offender adjudication.  In addition to any other
conditions such an order may require that the defendant:

S. 1428                             3

  S 4. The opening paragraph of subdivision 4 of section 530.13  of  the
criminal  procedure  law, as amended by chapter 384 of the laws of 2001,
is amended to read as follows:
  Upon  SENTENCING ON A conviction [of] FOR any offense, where the court
has not issued an order of protection pursuant to section 530.12 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 issu-
ing an order of protection. The duration of such an order shall be fixed
by  the  court and, in the case of a felony conviction, shall not exceed
the greater of: (i) five  years  from  the  date  of  such  [conviction]
SENTENCING,  or  (ii) three years from the date of the expiration of the
maximum term of  an  indeterminate  sentence  of  imprisonment  actually
imposed; or in the case of a conviction for a class A misdemeanor, shall
not exceed three years from the date of such [conviction] SENTENCING; or
in  the case of a conviction for any other offense, shall not exceed one
year from the date of [conviction] SENTENCING.  For purposes  of  deter-
mining  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 youthful offender adjudication. In addition to
any other conditions such an order may require that the defendant:
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law  and  shall  apply to all criminal actions whenever
commenced provided sentence therein has not been imposed prior  to  such
effective  date;  provided,  however, that the amendments to the opening
paragraph of subdivision 5 of section 530.12 and the  opening  paragraph
of subdivision 4 of section 530.13 of the criminal procedure law made by
sections  one  and  three of this act shall be subject to the expiration
and reversion of such paragraphs pursuant to chapter 3 of  the  laws  of
1995, as amended, when upon such date the provisions of sections two and
four of this act shall take effect.

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