|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
|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|
senate Bill S888
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S888 - Details
S888 - Summary
Provides clarification on determining the expiration date of an order of protection issued in relation to a family offense.
S888 - Sponsor Memo
BILL NUMBER:S888 TITLE OF BILL: An act to amend the criminal procedure law, in relation to determining the expiration date of an order of protection PURPOSE: This bill would amend certain sections of the criminal procedure law with respect to the duration of orders of protection. SUMMARY OF PROVISIONS: Section one amends the opening paragraph of subdivision five of section 530.12 of the criminal procedure law, as amended by chapter 215 of the laws of 2006, to provide for the entering of an order of protection upon sentencing on a conviction of any crime or violation between spouses or former spouses, between parent and child or between members of the same family or household. In the case of a felony conviction, the court shall fix the duration of an order of protection at not more than eight years from the date of 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 eight years from the date of the expiration of the maximum term of an indeterminate or the
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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