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.
LBD00901-01-1
S. 888 2
THE PENAL LAW, IN WHICH CASE, SIX YEARS FROM THE DATE OF SUCH
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 THIS
SUBDIVISION ONLY, IN CALCULATING THE EXPIRATION DATE OF THE MAXIMUM TERM
OF AN INDETERMINATE OR THE TERM OF A DETERMINATE SENTENCE OF IMPRISON-
MENT ACTUALLY IMPOSED, THE COURT SHALL DISREGARD ANY JAIL TIME CREDIT
THAT MAY BE APPLIED AGAINST THE DEFENDANT'S SENTENCE PURSUANT TO SUBDI-
VISION THREE OF SECTION 70.30 OF THE PENAL LAW, AND SHALL, IN ADDITION,
WITH RESPECT TO A DETERMINATE SENTENCE, CALCULATE THE EXPIRATION DATE OF
THE TERM OF SUCH SENTENCE BY ADDING THE FULL TERM OF THE IMPRISONMENT
PORTION OF SUCH SENTENCE AS IMPOSED BY THE COURT AND THE FULL PERIOD OF
POST-RELEASE SUPERVISION IMPOSED IN ACCORDANCE WITH SUBDIVISION TWO OF
SECTION 70.45 OF THE PENAL LAW. 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 the defendant:
S 2. 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, 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 MISDEMEANOR SEXUAL ASSAULT, AS
DEFINED IN SUBDIVISION THREE OF SECTION 65.00 OF THE PENAL LAW, IN WHICH
CASE, SIX YEARS FROM THE DATE OF SUCH 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 THIS SUBDIVISION ONLY, IN CALCU-
LATING THE EXPIRATION DATE OF THE MAXIMUM TERM OF AN INDETERMINATE OR
THE TERM OF A DETERMINATE SENTENCE OF IMPRISONMENT ACTUALLY IMPOSED, THE
COURT SHALL DISREGARD ANY JAIL TIME CREDIT THAT MAY BE APPLIED AGAINST
THE DEFENDANT'S SENTENCE PURSUANT TO SUBDIVISION THREE OF SECTION 70.30
OF THE PENAL LAW, AND SHALL, IN ADDITION, WITH RESPECT TO A DETERMINATE
S. 888 3
SENTENCE, CALCULATE THE EXPIRATION DATE OF THE TERM OF SUCH SENTENCE BY
ADDING THE FULL TERM OF THE IMPRISONMENT PORTION OF SUCH SENTENCE AS
IMPOSED BY THE COURT AND THE FULL PERIOD OF POST-RELEASE SUPERVISION
IMPOSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL
LAW. 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 adju-
dication. In addition to any other conditions such an order may require
that the defendant:
S 3. 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, further, 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 two of this act shall not affect the expiration of such
paragraphs and shall be deemed to expire therewith.