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

                                  1667

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  CAHILL, STEVENSON, ZEBROWSKI, MILLER, ORTIZ,
  MAGNARELLI, ROBINSON, CRESPO, GIBSON, GUNTHER, TITONE,  LAVINE,  SCHI-
  MEL,  CASTRO,  JAFFEE,  ENGLEBRIGHT,  COOK,  GABRYSZAK, PERRY, HOOPER,
  WEPRIN -- Multi-Sponsored by -- M.  of  A.    ABBATE,  ARROYO,  AUBRY,
  BOYLAND,  CERETTO, CROUCH, DUPREY, FINCH, MARKEY, RAIA, WRIGHT -- read
  once and referred to the Committee on Judiciary

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-

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

                                                           LBD03956-01-3

A. 1667                             2

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
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

A. 1667                             3

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  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.