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

download bill text pdf

Sponsored By

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

view actions (11)
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

view votes

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
show Children and Families committee vote details

Children and Families Committee Vote: Mar 14, 2011

absent (1)

Co-Sponsors

S1428 - 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 - Summary

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

S1428 - Sponsor Memo

S1428 - Bill Text download pdf

                    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

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