NY State Assembly Bill 2015-A1797A

Assembly Bill A1797A

Signed By Governor

2015-2016 Legislative Session

Provides clarification on determining the expiration date of an order of protection issued in relation to a family offense

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 22, 2015	signed chap.240
Sep 15, 2015	delivered to governor
Jun 11, 2015	returned to assembly passed senate substituted for s4340b
Apr 23, 2015	referred to children and families delivered to senate passed assembly
Apr 22, 2015	ordered to third reading rules cal.24 rules report cal.24 reported reported referred to rules
Apr 15, 2015	print number 1797a
Apr 15, 2015	amend and recommit to codes
Jan 13, 2015	referred to codes

Votes

- Jun 11, 2015 - Floor Vote
  A1797A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Libous

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-A1797 - Details

See Senate Version of this Bill:: S4340
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in 2013-2014 Legislative Session:: A1877

2015-A1797 - Summary

Provides clarification on determining the expiration date of an order of protection issued in relation to a family offense.

2015-A1797 - Bill Text download pdf

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

                                  1797

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. PAULIN, GALEF, DINOWITZ, COOK, BENEDETTO, 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05050-01-5

A. 1797                             2

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
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

A. 1797                             3

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:
  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

A. 1797                             4

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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A1797A (ACTIVE) - Details

See Senate Version of this Bill:: S4340
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in 2013-2014 Legislative Session:: A1877

2015-A1797A (ACTIVE) - Summary

Provides clarification on determining the expiration date of an order of protection issued in relation to a family offense.

2015-A1797A (ACTIVE) - Bill Text download pdf

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

                                 1797--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. PAULIN, GALEF, DINOWITZ, COOK, BENEDETTO, JAFFEE,
  TITUS -- read once and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,  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  PROVIDED  IN
SUBPARAGRAPH  (III)  OF  PARAGRAPH  (A)  OF 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 MISDEMEANOR SEXU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05050-05-5

A. 1797--A                          2

AL  ASSAULT, AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDI-
VISION 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  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 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 PROVIDED IN SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF 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 MISDEMEANOR SEXUAL  ASSAULT,
AS  PROVIDED  IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF 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 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. 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 that the defendant:
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law and shall apply to offenses committed on or after 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 two of this act shall not affect the expiration of such
paragraphs and shall be deemed to expire therewith.

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Assembly Bill A1797A

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Sponsored By

PAULIN

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Sandy Galef

Jeffrey Dinowitz

Vivian Cook

Michael Benedetto

2015-A1797 - Details

2015-A1797 - Summary

2015-A1797 - Bill Text download pdf

co-Sponsors

Sandy Galef

Jeffrey Dinowitz

Vivian Cook

Michael Benedetto

multi-Sponsors

N. Nick Perry

2015-A1797A (ACTIVE) - Details

2015-A1797A (ACTIVE) - Summary

2015-A1797A (ACTIVE) - Bill Text download pdf

Comments