senate Bill S888

2011-2012 Legislative Session

Provides clarification on determining 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 - In Senate Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
returned to senate
died in assembly
May 03, 2011 referred to codes
delivered to assembly
passed senate
Mar 16, 2011 advanced to third reading
Mar 15, 2011 2nd report cal.
Mar 14, 2011 1st report cal.216
Jan 05, 2011 referred to children and families

Co-Sponsors

S888 - Details

See Assembly Version of this Bill:
A87
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.12 & 530.13, CP L
Versions Introduced in 2009-2010 Legislative Session:
S4591, A776A

S888 - Summary

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

S888 - Sponsor Memo

S888 - Bill Text download pdf

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

                                   888

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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[,] OR FORMER SPOUSES, BETWEEN A  parent  and  child,  or
between  members  of the same family or household as defined in subdivi-
sion 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, EXCEPT WHERE THE  SENTENCE  IS
OR  INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A FELONY SEXUAL
ASSAULT, AS DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF  THE  PENAL
LAW,  IN WHICH CASE, TEN YEARS FROM THE DATE OF SUCH SENTENCING, 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; 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, EXCEPT WHERE THE  SENTENCE  IS  OR
INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A CLASS A MISDEMEA-
NOR  SEXUAL ASSAULT, AS DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF

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

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