Assembly Bill A88

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 - Signed by Governor

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

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2011-A88 (ACTIVE) - Details

See Senate Version of this Bill:
S1428
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2009-2010 Legislative Session:
A8807, S6070

2011-A88 (ACTIVE) - Summary

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

2011-A88 (ACTIVE) - Bill Text download pdf 

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

                                   88

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, CANESTRARI, COOK, CYMBROWITZ, DINOWITZ,
  GALEF, JAFFEE, PHEFFER, ROBINSON, SCHIMMINGER, SWEENEY,  M. MILLER  --
  Multi-Sponsored  by  --  M.    of A. MAGEE, MARKEY, McENENY, MOLINARO,
  REILLY -- read once and referred to the Committee on Codes

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

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

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