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.
              

                                                           LBD03040-01-3

A. 1877                             2

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
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 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 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 5 of section 530.12  of  the
criminal procedure law, as amended by section 2 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) [five] 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) [three]  EIGHT
years from the date of the expiration of the maximum term of an indeter-
minate  OR THE TERM OF THE DETERMINATE sentence of imprisonment actually
imposed; or (B) in the case of a conviction for a class  A  misdemeanor,
shall not exceed [three] 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 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 EXPIRATION OF THE MAXIMUM TERM OF A DEFINITE OR  INTER-
MITTENT  TERM  ACTUALLY  IMPOSED; or (C) in the case of a conviction for
any other offense, shall not exceed [one year from the date of  sentenc-
ing]  THE GREATER OF: (I) TWO YEARS FROM THE DATE OF SENTENCING, OR (II)
TWO YEARS FROM THE DATE OF THE EXPIRATION OF THE MAXIMUM TERM OF A DEFI-
NITE OR INTERMITTENT TERM ACTUALLY IMPOSED. FOR PURPOSES OF THIS  SUBDI-
VISION  ONLY,  IN CALCULATING 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

A. 1877                             3

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 3. The opening paragraph of subdivision 4 of section 530.13  of  the
criminal procedure law, as amended by section 3 of chapter 9 of the laws
of 2011, is amended to read as follows:
  Upon  sentencing  on a conviction 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 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  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 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 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 INDE-
TERMINATE 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 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-RE-
LEASE 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 that the defendant:
  S  4.  The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 4 of chapter 9 of the laws
of 2011, is amended to read as follows:

A. 1877                             4

  Upon sentencing on a conviction 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)  [five] 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) [three] 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 [three] 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 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  [one  year  from  the  date  of
sentencing]  THE  GREATER OF: (I) TWO YEARS FROM THE DATE OF 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 that the defendant:
  S  5.  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, however, 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 three of this act shall be subject  to  the  expiration
and reversion of such paragraphs pursuant to subdivision d of section 74
of  chapter  3  of the laws of 1995, as amended, when upon such date the
provisions of sections two and four of this act shall take effect.