NY State Senate Bill 2015-S4340B

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

download bill text pdf

Archive: Last Bill Status Via A1797 - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

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
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

Votes

- Jun 11, 2015 - Floor Vote
  A1797
  
  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
  May 11, 2015 - Children And Families Committee Vote
  S4340B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 11, 2015
      
      aye (7)
      
      Bonacic
      
      Felder
      
      Montgomery
      
      Savino
      
      Serino
      
      Serrano
      
      Young

Bill Amendments

Original

B (Active)

2015-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

2015-S4340 - Summary

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

2015-S4340 - Sponsor Memo

                                BILL NUMBER:S4340

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to determining
the expiration date of an order of protection

PURPOSE:

This bill would amend certain sections of the criminal procedure law
with respect to the duration of orders of protection.

SUMMARY OF PROVISIONS:

Section one amends 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, to provide for the entering of an order
of protection upon sentencing on a conviction of any crime or
violation between former spouses, in addition to between spouses,
parent and child or between members of the same family or household.
In addition, this section provides that in the case of a felony
conviction, 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, the court shall fix the
duration of an order of protection at ten years from the date of such
sentencing. In the case of a conviction for a class A misdemeanor,

where the sentence is or includes a sentence of probation on a
conviction for a class a misdemeanor sexual assault, as defined in
subdivision 3 of section 65.00 of the penal law, the duration of an
order of protection shall be fixed at six years from the date of such
sentencing.

This section further provides that 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, 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 2 of section 70.45
of the penal law.

Section two amends 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, to provide for the entering of an order
of protection upon sentencing on a conviction of any crime or
violation between former spouses, in addition to between spouses,
parent and child or between members of the same family or household.
In addition, this section provides that in the case of a felony
conviction, the court shall fix the duration of an order of protection
at not more than the greater of (i) eight years from the date of
sentencing, except where the sentence is or includes a sentence of
probation on a conviction for a felony sexual assault, as defined in
subdivision 3 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. In
the case of a conviction for a class A misdemeanor, the duration of an
order of protection shall be fixed at not more than the greater of (i)
five years from the date of 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 3 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 intermittent term actually imposed. In
the case of a conviction for any other offense, the duration of an
order of protection 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.

This section further provides that 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, 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 2 of section 70.45
of the penal law.

Section three amends 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, to provide that in the case of a felony
conviction, 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, the court shall fix the
duration of an order of protection at ten years from the date of such
sentencing. In addition, in the case of a conviction for a class A
misdemeanor, where the sentence is or includes a sentence of probation
on a conviction for a class A misdemeanor sexual assault, as defined
in subdivision 3 of section 65.00 of the penal law, the duration of an
order of protection shall be fixed at six years from the date of such
sentencing.

This section further provides that 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, 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 2 of section 70.45
of the penal law.

Section four amends 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, to provide that where an order of
protection is issued, in the case of a felony conviction, the court
shall fix the duration of the order at not more than the greater of
(i) eight years from the date of sentencing, except where the sentence


is or includes a sentence of probation on a conviction for a felony
sexual assault, as defined in subdivision 3 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.

In the case of a conviction for a class A misdemeanor, the duration of
an order of protection shall be fixed at not more than the greater of
(i) five years from the date of 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 3 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 intermittent term actually imposed. In
the case of a conviction for any other offense, the duration of an
order of protection 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.

This section further provides that 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, 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 2 of section 70.45
of the penal law.

Section five establishes an effective date of thirty days after
becoming law, and would apply to all criminal actions whenever
commenced provided the sentence therein has not been imposed prior to
such date; provided, however, that the amendments to the opening
paragraphs of subdivision 5 of section 530.12 and 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 when upon such date the provisions of sections two and
four of this act shall take effect.

JUSTIFICATION:

In 2006, the criminal procedure law was amended to extend the
permissible duration of a final order of protection issued in criminal
cases. However, the amendments did not account fully for the
statutorily required longer probation periods for class A misdemeanor
sexual assault convictions and felony sexual assault convictions.
Thus, when a final order of protection is issued on a sexual assault
conviction where probation is imposed, the order will expire before
the defendant has completed his probation. This bill would amend CPL
sections 530.12(5) and 530.13(4) to provide that the duration of a
final order of protection issued in a case where the defendant is
convicted of sexual assault and probation is ordered, or is ordered as
part of his sentence, a final order of protection shall not exceed ten


years in the case of a felony sexual assault, or six years in the case
of a class A misdemeanor sexual assault.

In addition, this bill will simplify the process of calculating the
maximum permissible duration of a final order of protection. The law
requires every order of protection issued under sections 530.12 and
530.13 to "plainly state the date that such order expires." CPL
sections 530.12(6) and 530.13(5). The provisions for calculating the
maximum permissible duration of a final order of protection seem
relatively straightforward, but can be difficult to apply, especially
in cases where the order is imposed in conjunction with a prison
sentence. A court, for example, that imposes a determinate or
indeterminate sentence of imprisonment, must, in determining the exact
expiration date of the term or maximum term of such sentence for
purposes of calculating the maximum permissible expiration date of a
final order of protection, take into account any jail time credit the
defendant may have earned prior to sentence. See, generally, People v.
Nieves, 2 N.Y.3d 310 (2004). The exact amount of jail time credit a
defendant has earned, however, is ordinarily not available to the
court at the time of sentencing. Id., at 317. This may result in the
court setting an expiration date on the order of protection that
exceeds the statutory maximum, thus requiring that the defendant be
returned to the sentencing court (once the correct jail credit
information is obtained by the Department of Corrections) so the order
can be amended and a new (i.e. earlier) expiration date set. As with
the original order of protection, a copy of the amended order must
then be provided to the protected party or parties and to the
appropriate law enforcement authorities. See, generally, CPL sections
530.12(6) and (8); and 530.13(5) and (6).

This bill would eliminate the need for this cumbersome and costly
procedure by amending CPL sections 530.12(5) and 530.13(4) to
expressly provide that, for purposes of calculating the maximum
permissible duration of a final order of protection, the sentencing
court "shall disregard any jail time credit that may be applied
against the defendant's sentence." In addition, the bill would amend
these same two CPL provisions to clarify that, for purposes of
calculating the maximum expiration date of a final order of
protection, the expiration date of a term of a determinate sentence
shall be calculated 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. The latter amendment, which
codifies a 2002 ruling of the Appellate Division, Third Department
(see, People v. Goodband, 291 A.D.2d 584 3d Dept., 2002; but see,
People v. Wheeler, 268 A.D.2d 448 2d Dept., 2000, leave to appeal
denied, 94 N.Y.2d 926), is intended to both clarify the law in this
area and further simplify the process of calculating the maximum
permissible expiration date of a final order of protection issued in a
case where a determinate sentence is imposed. Together, these
amendments will help to ensure that all orders of protection "contain
specific and correct expiration dates to provide certainty for
defendants, the protected victims and witnesses, and law enforcement
authorities who may be called to enforce them." Nieves, supra., at
317.

Finally, this bill makes a technical amendment to the opening sentence
of subdivision five of CPL section 530.12 to clarify that a final


order of protection may also be issued under that subdivision where
the conviction is for a crime or violation between former spouses.
See, CPL section 530.12(13) providing, in relevant part, that a
temporary or final order of protection issued under that section "may
be entered against a former spouse"; and CPL section 530.11 (1) (c)
including with-in the definition of "members of the same family or
household" "persons formerly married to one another."

This bill will take effect thirty days after it becomes law, and would
apply to all criminal actions whenever commenced provided sentence
therein has not been imposed prior to such date; provided, however,
that the amendments to the opening paragraphs of subdivision 5 of
section 530.12 and 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 when upon
such date the provisions of sections two and four of this act shall
take effect.

LEGISLATIVE HISTORY:

A.1877, 2013 and 2014 referred to Codes.
A.87, 2011 and 2012 referred to Codes.  Same as S.888, 2011 passed
Senate, and 2012 referred to Children and Families.
A.776A, 2009 and 2010 referred to Codes.  Same as S.4591, 2009 and
2010 referred to Codes.
A.6824, 2007 and 2008 referred to Codes.  Same as S.4693, 2007 and
2008 passed Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect thirty days after becoming law, and would
apply to all criminal actions whenever commenced provided sentence
therein has not been imposed prior to such date; provided, however,
that the amendments to the opening paragraphs of subdivision 5 of
section 530.12 and 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 when upon
such date the provisions of sections two and four of this act shall
take effect.

2015-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

S. 4340                             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

S. 4340                             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

S. 4340                             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.

2015-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

2015-S4340A - Summary

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

2015-S4340A - Sponsor Memo

                                BILL NUMBER:S4340A

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to determining the expiration date of an order of protection

PURPOSE:  This bill would amend certain sections of the criminal
procedure law with respect to the duration of orders of protection.

SUMMARY OF PROVISIONS:

Section one amends 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, to provide that in the case of a felony
conviction, 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, the court shall fix the duration of an order
of protection at ten years from the date of such sentencing. In the
case of a conviction for a misdemeanor, 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, the duration of
an order of protection shall be fixed at six years from the date of
such sentencing.

Section two amends 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, to provide that in the case of a felony
conviction, where the sentence is or includes a sentence of probation
on a conviction for a felony sexual assault, as provided subparagraph
(iii) of paragraph (a) of subdivision three of section 65.00 of the
penal law, the court shall fix the duration of an order of protection
at ten years from the date of such sentencing. In addition, in the
case of a conviction for a misdemeanor, 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, the duration of
an order of protection shall be fixed at six year's from the date of
such sentencing.

Section three establishes an effective date of thirty days after
becoming law, and will apply to offenses committed on or after such
effective date; provided, however, that the amendments to the opening
paragraphs of subdivision 5 of section 530.12 and 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.

JUSTIFICATION:  In 2006, the criminal procedure law was amended to
extend the permissible duration of a final order of protection issued
in criminal cases. However, the amendments did not account fully for
the statutorily required longer probation periods for misdemeanor
sexual assault convictions and felony sexual assault convictions.
Thus, when a final order of protection is issued on a sexual assault
conviction where probation is imposed, the order will expire before
the defendant has completed his probation. This bill would amend CPL
sections 530.12(5) and 530.13(4) to provide that the duration of a


final order of protection issued in a case where the defendant is
convicted of sexual assault and probation is ordered, or is ordered as
part of his sentence, a final order of protection shall not exceed ten
years in the case of a felony sexual assault, or six years in the case
of a misdemeanor sexual assault.

This bill will take effect thirty days after it becomes law, and will
apply to offenses committed on or after such effective date; provided,
however, that the amendments to the opening paragraphs of subdivision
5 of section 530.12 and 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.

LEGISLATIVE HISTORY:  A.1877, 2013 and 2014 referred to Codes. A.87,
2011 and 2012 referred to Codes. Same as S.888, 2011 passed Senate,
and 2012 referred to Children and Families. A.776A, 2009 and 2010
referred to Codes. Same as S.4591, 2009 and 2010 referred to Codes. A
6824, 2007 and 2008 referred to Codes. Same as S.4693, 2007 and 2008
passed Senate.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect thirty days after becoming
law, and will apply to offenses committed on or after such effective
date, provided, however, that the amendments to the opening paragraphs
of subdivision 5 of section 530,12 and 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.

2015-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

S. 4340--A                          2

NOR 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 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 CLASS A MISDEMEANOR SEXUAL
ASSAULT, AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (B)  OF  SUBDIVI-
SION  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  actu-
ally  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 sentenc-
ing, 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 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 all convictions entered on or after
such effective date; provided, however, that the amendments to the open-
ing  paragraph  of subdivision 5 of section 530.12 and the opening para-
graph 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.

2015-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

2015-S4340B (ACTIVE) - Summary

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

2015-S4340B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4340B

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to determining the expiration date of an order of protection

PURPOSE:  This bill would amend certain sections of the criminal
procedure law with respect to the duration of orders of protection.

SUMMARY OF PROVISIONS:

Section one amends 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, to provide that in the case of a felony
conviction, 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, the court shall fix the duration of an order
of protection at ten years from the date of such sentencing. In the
case of a conviction for a misdemeanor, 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, the duration of
an order of protection shall be fixed at six years from the date of
such sentencing.

Section two amends 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, to provide that in the case of a felony
conviction, where the sentence is or includes a sentence of probation
on a conviction for a felony sexual assault, as provided subparagraph
(iii) of paragraph (a) of subdivision three of section 65.00 of the
penal law, the court shall fix the duration of an order of protection
at ten years from the date of such sentencing. In addition, in the
case of a conviction for a misdemeanor, 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, the duration of
an order of protection shall be fixed at six years from the date of
such sentencing.

Section three establishes an effective date of thirty days after
becoming law, and will apply to offenses committed on or after such
effective date; provided, however, that the amendments to the opening
paragraphs of subdivision 5 of section 530.12 and 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.

JUSTIFICATION:  In 2006, the criminal procedure law was amended to
extend the permissible duration of a final order of protection issued
in criminal cases. However, the amendments did not account fully for
the statutorily required longer probation periods for misdemeanor
sexual assault convictions and felony sexual assault convictions.
Thus, when a final order of protection is issued on a sexual assault
conviction where probation is imposed, the order will expire before
the defendant has completed his probation. This bill would amend CPL
sections 530.12(5) and 530 13(4) to provide that the duration of a


final order of protection issued in a case where the defendant is
convicted of sexual assault and probation is ordered, or is ordered as
part of his sentence, a final order of protection shall not exceed ten
years in the case of a felony sexual assault, or six years in the case
of a misdemeanor sexual assault.

This bill will take effect thirty days after it becomes law, and will
apply to offenses committed on or after such effective date; provided,
however, that the amendments to the opening paragraphs of subdivision
5 of section 530.12 and 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,

LEGISLATIVE HISTORY:  A.1877, 2013 and 2014 referred to Codes. A 87,
2011 and 2012 referred to Codes. Same as S.888, 2011 passed Senate,
and 2012 referred to Children and Families. A 776A, 2009 and 2010
referred to Codes. Same as S.4591, 2009 and 2010 referred to Codes.
A,6824, 2007 and 2008 referred to Codes. Same as S 4693, 2007 and 2008
passed Senate.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect thirty days after becoming
law, and will apply to offenses committed on or after such effective
date; provided, however, that the amendments to the opening paragraphs
of subdivision 5 of section 530.12 and 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.

2015-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

S. 4340--B                          2

INCLUDES A SENTENCE OF PROBATION ON A CONVICTION FOR A MISDEMEANOR SEXU-
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4340B

Share this bill

Sponsored By

Susan Serino

Archive: Last Bill Status Via A1797 - Signed by Governor

Bill Amendments

2015-S4340 - Details

2015-S4340 - Summary

2015-S4340 - Sponsor Memo

2015-S4340 - Bill Text download pdf

2015-S4340A - Details

2015-S4340A - Summary

2015-S4340A - Sponsor Memo

2015-S4340A - Bill Text download pdf

2015-S4340B (ACTIVE) - Details

2015-S4340B (ACTIVE) - Summary

2015-S4340B (ACTIVE) - Sponsor Memo

2015-S4340B (ACTIVE) - Bill Text download pdf

Comments