senate Bill S4393

2013-2014 Legislative Session

Relates to duration of orders of protection in cases involving domestic violence

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Archive: Last Bill Status - In 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 children and families
Mar 26, 2013 referred to children and families

S4393 - Bill Details

See Assembly Version of this Bill:
A1667
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§842 & 1056, Fam Ct Act; amd §240, Dom Rel L; amd §530.12, CP L
Versions Introduced in 2011-2012 Legislative Session:
A7367

S4393 - Bill Texts

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Relates to duration of orders of protection in cases involving domestic violence.

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BILL NUMBER:S4393

TITLE OF BILL: An act to amend the family court act, the domestic
relations law and the criminal procedure law, in relation to orders of
protection in cases involving domestic violence

PURPOSE OR GENERAL IDEA OF BILL:

Enacts the "Domestic Violence Reform Act" and extends the period of
time for orders of protection in cases of domestic violence to five
years fox family court and ten years for criminal court.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends section 842 of the family court act, subdivision 1 of
section 1056 of the family court act and subdivision 3 of section 240
of the domestic relations law to extend the order of protection to a
period of no less than five years in cases involving domestic
violence.

The bill also amends subdivision 5 of section 530.12 of the criminal
procedure law and subdivision 5 of section 530.12 of the criminal
procedure law to extend the order of protection to a period of no less
than ten years in cases involving domestic violence.

JUSTIFICATION:

In order to ensure the safety of victims of domestic violence, it is
critical that restraining orders axe structured to provide sufficient
security in terms of the time protected. In the past, restraining
orders have been time limited, and by providing judges with the
flexibility to ensure that the time of the restraining order will
protect the victim is essential. Therefore, sentencing should at a
minimum require five years protection if awarded by a family court
judge and ten years protection if awarded by a criminal court judge.

PRIOR LEGISLATIVE HISTORY:

2011-2012: A.7367 - Referred to Judiciary

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  4393

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, the domestic relations law and the
  criminal procedure law, in relation to orders of protection  in  cases
  involving domestic violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 842 of  the  family  court
act,  as separately amended by chapters 325 and 341 of the laws of 2010,
is amended to read as follows:
  An order of protection under section eight hundred forty-one  of  this
part  shall  set  forth reasonable conditions of behavior to be observed
for a period not in excess of two years by the petitioner or  respondent
or  for  a  period not in excess of five years upon (i) a finding by the
court on the record of the existence  of  aggravating  circumstances  as
defined  in  paragraph (vii) of subdivision (a) of section eight hundred
twenty-seven of this article; or (ii) a finding  by  the  court  on  the
record  that  the  conduct  alleged in the petition is in violation of a
valid order of protection.   IN CASES INVOLVING  DOMESTIC  VIOLENCE,  AN
ORDER  OF  PROTECTION  SHALL BE OBSERVED BY THE PETITIONER OR RESPONDENT
FOR A PERIOD OF NO LESS THAN FIVE  YEARS.  Any  finding  of  aggravating
circumstances pursuant to this section shall be stated on the record and
upon  the  order  of protection. The court may also, upon motion, extend
the order of protection for a reasonable period of time upon  a  showing
of  good  cause  or  consent of the parties. The fact that abuse has not
occurred during the pendency of an order shall not, in  itself,  consti-
tute  sufficient  ground for denying or failing to extend the order. The
court must articulate a basis for its decision on the record. The  dura-
tion of any temporary order shall not by itself be a factor in determin-
ing  the length or issuance of any final order.  Any order of protection
issued pursuant to this section shall specify if an order  of  probation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03956-01-3

S. 4393                             2

is  in  effect.  Any order of protection issued pursuant to this section
may require the petitioner or the respondent:
  S  2.  The  opening  paragraph of subdivision 1 of section 1056 of the
family court act, as amended by chapter 622 of  the  laws  of  1990,  is
amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion  of  any other order made under this part. Such order of protection
shall remain in effect concurrently with, shall expire no later than the
expiration date of, and may be extended concurrently  with,  such  other
order  made  under  this part, except as provided in subdivision four of
this section. The order of protection may set  forth  reasonable  condi-
tions of behavior to be observed for a specified time by a person who is
before the court and is a parent or a person legally responsible for the
child's care or the spouse of the parent or other person legally respon-
sible  for  the  child's  care,  or  both.   IN CASES INVOLVING DOMESTIC
VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED BY THE PETITIONER  OR
RESPONDENT  FOR  A  PERIOD OF NO LESS THAN FIVE YEARS. Such an order may
require any such person
  S 3. The opening paragraph of paragraph a of subdivision 3 of  section
240 of the domestic relations law, as amended by chapter 597 of the laws
of 1998, is amended to read as follows:
  The court may make an order of protection in assistance or as a condi-
tion  of  any  other  order  made  under  this  section.    The order of
protection may  set  forth  reasonable  conditions  of  behavior  to  be
observed for a specified time by any party.  IN CASES INVOLVING DOMESTIC
VIOLENCE,  AN  ORDER  OF PROTECTION SHALL BE OBSERVED FOR A PERIOD OF NO
LESS THAN FIVE YEARS. Such an order may require any party:
  S 4. 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 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] BE NO LESS THAN:  (i) [eight] TEN years from
the  date of such sentencing, or (ii) [eight] TEN 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 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 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. 4393                             3

  S 5. 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 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] BE NO LESS THAN:  (i) [five] TEN years  from
the  date of such sentencing, or (ii) [three] TEN 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. For purposes of  deter-
mining  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 6. 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 four of this act shall be subject
to  the  expiration  and reversion of such opening paragraph pursuant to
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section five of this act shall take effect.

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