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

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Sponsored By

Archive: Last Bill Status - 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 (15)
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

Co-Sponsors

view additional co-sponsors

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

A1797 - Summary

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

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

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

A1797A (ACTIVE) - Summary

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

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