assembly Bill A1877

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

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A1877 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.12 & 530.13, CP L
Versions Introduced in 2015-2016 Legislative Session:
A1797

A1877 (ACTIVE) - Summary

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

A1877 (ACTIVE) - Bill Text download pdf

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

                                  1877

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PAULIN, GALEF, DINOWITZ, COOK, WEISENBERG, BENE-
  DETTO, JAFFEE, TITUS -- 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 section 1 of chapter 9 of the
laws of 2011, is amended to read as follows:
  Upon sentencing on a conviction 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 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  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 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

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