NY State Assembly Bill 2013-A4259

Assembly Bill A4259

2013-2014 Legislative Session

Provides for issuance of order of protection in criminal cases when defendant is found not responsible by reason of mental disease or defect

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Archive: Last Bill Status - In Assembly Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Apr 30, 2013	held for consideration in codes
Feb 01, 2013	referred to codes

co-Sponsors

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multi-Sponsors

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2013-A4259 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4787
2011-2012: A4072
2015-2016: A4815
2017-2018: A3454
2019-2020: A5123

2013-A4259 (ACTIVE) - Summary

Provides for the issuance of orders of protection in family offense cases when defendant is found not responsible by reason of mental disease or defect, and the court issues an order of conditions in conjunction with such finding; such order of protection shall run concurrent with the order of conditions and any extensions thereof; also authorizes the issuance of a family offense order of protection in conjunction with an order of observation pursuant to article 730 of the criminal procedure law; such order shall have a term not to exceed three years following the final or temporary order of observation or from the release from the custody of the commissioner of mental health.

2013-A4259 (ACTIVE) - Bill Text download pdf

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

                                  4259

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M. of A. RAIA, FITZPATRICK, KOLB, McKEVITT, STEVENSON --
  Multi-Sponsored by -- M. of A. FINCH, GIGLIO, McDONOUGH,  SALADINO  --
  read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to the issuance
  of orders 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,  between  a  parent  and  child, or between members of the same
family or household; OR WHEN A DEFENDANT IS  FOUND  NOT  RESPONSIBLE  BY
REASON OF MENTAL DISEASE OR DEFECT FOR SUCH A CRIME AND THE COURT PURSU-
ANT  TO SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF CONDITIONS; OR
UPON THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT
TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH  A  CRIME
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, 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, or (ii) five years from the date of the expira-
tion of the maximum term of a definite  or  intermittent  term  actually

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05356-01-3

A. 4259                             2

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; OR IN THE CASE OF THE
ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCURRENTLY WITH THE TERM
OF SUCH ORDER OF CONDITIONS AND ANY EXTENSIONS THEREOF. IN THE CASE OF A
FINAL OR TEMPORARY ORDER OF  OBSERVATION,  ISSUED  PURSUANT  TO  ARTICLE
SEVEN  HUNDRED  THIRTY  OF  THIS  PART, THE DURATION OF SUCH AN ORDER OF
PROTECTION SHALL BE FIXED BY THE COURT AND SHALL NOT EXCEED  A  TERM  OF
THREE  YEARS  AFTER THE DATE OF THE FINAL OR TEMPORARY ORDER OF OBSERVA-
TION. 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 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, between a parent and child, or  between  members  of  the  same
family  or  household;  OR  WHEN A DEFENDANT IS FOUND NOT RESPONSIBLE BY
REASON OF METAL DISEASE OR DEFECT FOR SUCH A CRIME AND THE COURT  PURSU-
ANT  TO SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF CONDITIONS; OR
UPON THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT
TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH  A  CRIME
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, in the case of a felony  conviction,  shall  not  exceed  the
greater  of:  (i)  five  years from the date of such sentencing, or (ii)
three years from the date of the expiration of the maximum  term  of  an
indeterminate  sentence of imprisonment actually imposed; or in the case
of a conviction for a class A misdemeanor, shall not exceed three  years
from the date of such sentencing; or in the case of a conviction for any
other offense, shall not exceed one year from the date of sentencing; OR
IN THE CASE OF THE ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCUR-
RENTLY  WITH  THE  TERM  OF  SUCH ORDER OF CONDITIONS AND ANY EXTENSIONS
THEREOF. IN THE CASE OF A  FINAL  OR  TEMPORARY  ORDER  OF  OBSERVATION,
ISSUED  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, THE DURA-
TION OF SUCH AN ORDER OF PROTECTION SHALL BE  FIXED  BY  THE  COURT  AND
SHALL  NOT  EXCEED  A TERM OF THREE YEARS AFTER THE DATE OF THE FINAL OR
TEMPORARY ORDER OF OBSERVATION.  For purposes of determining  the  dura-
tion  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;  OR  WHEN  A  DEFENDANT  IS  FOUND NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT FOR SUCH OFFENSE  AND  THE  COURT  PURSUANT  TO

A. 4259                             3

SECTION  330.20  OF  THIS CHAPTER ISSUES AN ORDER OF CONDITIONS; OR UPON
THE ISSUANCE OF A FINAL OR TEMPORARY ORDER OF OBSERVATION,  PURSUANT  TO
ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH OFFENSE, 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, 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, or (ii) five years from the date of the expira-
tion 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; OR IN THE  CASE  OF  THE
ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCURRENTLY WITH THE TERM
OF  SUCH ORDER OF CONDITIONS AND ANY EXTENSION THEREOF. IN THE CASE OF A
FINAL OR TEMPORARY ORDER OF  OBSERVATION,  ISSUED  PURSUANT  TO  ARTICLE
SEVEN  HUNDRED  THIRTY  OF  THIS  PART, THE DURATION OF SUCH AN ORDER OF
PROTECTION SHALL BE FIXED BY THE COURT AND SHALL NOT EXCEED  A  TERM  OF
THREE  YEARS  AFTER THE DATE OF THE FINAL OR TEMPORARY ORDER OF OBSERVA-
TION. 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  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:
  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; OR WHEN A DEFENDANT IS  FOUND  NOT  RESPONSIBLE  BY  REASON  OF
MENTAL  DISEASE  OR  DEFECT  FOR  SUCH OFFENSE AND THE COURT PURSUANT TO
SECTION 330.20 OF THIS CHAPTER ISSUES AN ORDER OF  CONDITIONS;  OR  UPON
THE  ISSUANCE  OF A FINAL OR TEMPORARY ORDER OF OBSERVATION, PURSUANT TO
ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, RELATING TO SUCH  CRIME,  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, in the case of a felony  conviction,  shall  not  exceed  the
greater  of:  (i)  five  years from the date of such sentencing, or (ii)
three years from the date of the expiration of the maximum  term  of  an
indeterminate  sentence of imprisonment actually imposed; or in the case
of a conviction for a class A misdemeanor, shall not exceed three  years
from the date of such sentencing; or in the case of a conviction for any
other offense, shall not exceed one year from the date of sentencing; OR
IN THE CASE OF THE ISSUANCE OF AN ORDER OF CONDITIONS, SHALL RUN CONCUR-
RENTLY  WITH  THE  TERM  OF  SUCH ORDER OF CONDITIONS AND ANY EXTENSIONS
THEREOF. IN THE CASE OF A  FINAL  OR  TEMPORARY  ORDER  OF  OBSERVATION,

A. 4259                             4

ISSUED  PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS PART, THE DURA-
TION OF SUCH ORDER OF PROTECTION SHALL BE FIXED BY THE COURT  AND  SHALL
NOT  EXCEED  A TERM OF THREE YEARS AFTER THE DATE OF THE FINAL OR TEMPO-
RARY  ORDER  OF OBSERVATION. 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 immediately; provided that the amend-
ments to the opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, made by section one of this act, and the  amend-
ments to the opening paragraph of subdivision 4 of section 530.13 of the
criminal  procedure  law,  made  by  section three of this act, shall be
subject to 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, respectively, shall take effect.

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Assembly Bill A4259

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Sponsored By

RAIA

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Michael J. Fitzpatrick

Brian Kolb

Thomas McKevitt

Stephen Hawley

multi-Sponsors

William A. Barclay

Jane Corwin

Janet Duprey

Gary Finch

2013-A4259 (ACTIVE) - Details

2013-A4259 (ACTIVE) - Summary

2013-A4259 (ACTIVE) - Bill Text download pdf

Comments