NY State Assembly Bill 2015-A4815

Assembly Bill A4815

2015-2016 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2016	held for consideration in codes
Jan 06, 2016	referred to codes
Feb 06, 2015	referred to codes

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multi-Sponsors

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2015-A4815 (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
2013-2014: A4259
2017-2018: A3454
2019-2020: A5123

2015-A4815 (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.

2015-A4815 (ACTIVE) - Bill Text download pdf

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

                                  4815

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by  M.  of  A.  RAIA,  FITZPATRICK,  KOLB, McKEVITT, HAWLEY,
  CROUCH, MONTESANO, LUPINACCI,  GIGLIO,  BRABENEC,  BORELLI,  FINCH  --
  Multi-Sponsored  by -- M. of A.  BARCLAY, CORWIN, DUPREY, LOPEZ, McDO-
  NOUGH, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07054-01-5

A. 4815                             2

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 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

A. 4815                             3

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 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

A. 4815                             4

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 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 A4815

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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

Kenneth Blankenbush

Jane Corwin

Janet Duprey

2015-A4815 (ACTIVE) - Details

2015-A4815 (ACTIVE) - Summary

2015-A4815 (ACTIVE) - Bill Text download pdf

Comments