senate Bill S4340B

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

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Sponsored By

Archive: Last Bill Status Via A1797 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
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
Jun 11, 2015 substituted by a1797a
May 18, 2015 advanced to third reading
May 13, 2015 2nd report cal.
May 12, 2015 1st report cal.642
Apr 29, 2015 print number 4340b
Apr 29, 2015 amend and recommit to children and families
Apr 17, 2015 print number 4340a
Apr 17, 2015 amend and recommit to children and families
Mar 16, 2015 referred to children and families

S4340 - Details

See Assembly Version of this Bill:
A1797
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2013-2014 Legislative Session:
A1877

S4340 - Summary

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

S4340 - Sponsor Memo

S4340 - Bill Text download pdf

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

                                  4340

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

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

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

S4340A - Details

See Assembly Version of this Bill:
A1797
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2013-2014 Legislative Session:
A1877

S4340A - Summary

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

S4340A - Sponsor Memo

S4340A - Bill Text download pdf

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

                                 4340--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05050-04-5

S4340B (ACTIVE) - Details

See Assembly Version of this Bill:
A1797
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L
Versions Introduced in 2013-2014 Legislative Session:
A1877

S4340B (ACTIVE) - Summary

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

S4340B (ACTIVE) - Sponsor Memo

S4340B (ACTIVE) - Bill Text download pdf

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

                                 4340--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05050-06-5

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