NY State Senate Bill S1994A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to codes delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1531
Jun 07, 2016	reported and committed to rules
May 10, 2016	reported and committed to finance
Jan 06, 2016	referred to children and families returned to senate died in assembly
Jun 10, 2015	referred to codes delivered to assembly passed senate
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1264
May 18, 2015	reported and committed to finance
May 11, 2015	print number 1994a
May 11, 2015	amend and recommit to children and families
Jan 21, 2015	referred to children and families

Votes

view votes

Jun 15, 2016 - floor Vote

S1994A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2016 - Rules committee Vote

S1994A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2016 - Finance committee Vote

S1994A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 10, 2016 - Children and Families committee Vote

S1994A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Children and Families committee vote details

Children and Families Committee Vote: May 10, 2016

aye (6)

aye wr (1)

Montgomery

Jun 10, 2015 - floor Vote

S1994A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 2, 2015 - Finance committee Vote

S1994A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 18, 2015 - Children and Families committee Vote

S1994A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S1994 - Details

See Assembly Version of this Bill:: A6086
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6865, A9952
2011-2012: S4259, A5261
2013-2014: S2243, A7998, A9340
2017-2018: S1611, A6942

S1994 - Summary

Provides a mandatory jail sentence for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants.

S1994 - Sponsor Memo

BILL NUMBER:S1994

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to orders of protection for family and non-family offenses

PURPOSE:

The purpose of this bill is to increase public safety by improving the
effectiveness of protection orders.

SUMMARY OF PROVISIONS:

Section one of this bill amends Criminal Procedure Law section
530.12(11) to require that any sentence imposed by a court for
violating an order of protection issued pursuant to section 530.12, or
by a Court of competent jurisdiction in another State, territorial or
tribal jurisdiction, must be for a period of at least 30 days.

Section two of this bill amends Criminal Procedure Law section 530.12
by adding a new subdivision 11-a requiring the Court to order the
attachment of a global positioning system (ankle bracelet) for repeat
offenders of offenses set forth in Penal Law Part 3, Title H (Offenses
Against The Person Involving Physical Injury, Sexual Conduct,
Restraint And Intimidation) who are also found to have violated this
section. This penalty is in addition to the penalty that the Court
imposes pursuant to Criminal Procedure Law section 530.12(11).

Section three of this bill amends Criminal Procedure Law section
530.13(8) to require that any sentence imposed by a court for
violating an order of protection issued pursuant to section 530.13
must be for a period of at least 30 days.

Section four of this bill amends Criminal Procedure Law section 530.13
to renumber subdivision 9 as subdivision 10 and add a new subdivision
9 requiring the Court to order the attachment of a global positioning
system (ankle bracelet) for repeat offenders of Penal Law Part 3,
Title H (Offenses Against The Person Involving Physical Injury, Sexual
Conduct, Restraint And Intimidation) who are found to have violated
this section. This penalty is in addition to the penalty that the
Court imposes pursuant to Criminal Procedure Law section 530.13(8).

Section five provides that this act shall take effect on the sixtieth
day after it shall have become a law.

EXISTING LAW:

Current law neither provides fixed minimum prison sentences for
violations of protection orders nor requires the use of global
positioning systems as described in this bill.

JUSTIFICATION:

Orders of protection were created to provide a level of safety from an
individual that poses a risk of harm to another. Sadly, there have
been a string of cases in recent years in which orders of protection
did not prevent victims from serious harm or death. In 2010, Qian Wu,
a 46 year-old woman from Queens, had nine orders of protection against


an acquaintance that stabbed her to death outside her home.  On
numerous occasions, she asked for further assistance, but the repeat
offender remained loose to stalk and harass her and violate his orders
of protection.

It is possible for individuals to continually violate orders of
protection and never serve any jail time. This bill would remedy that
situation.

LEGISLATIVE HISTORY:

2014: S.2243 - Referred to Children and Families
2013: S.2243 - Passed the Senate
2011-2: S.4259 - Referred to Children and Families both years
2010: S.6865 - Referred to Codes

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

S1994 - Bill Text download pdf

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

                                  1994

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  orders  of
  protection for family and non-family offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 11 of section 530.12 of the criminal procedure
law, as amended by chapter 498 of the laws of 1993,  the  opening  para-
graph  as  amended  by chapter 597 of the laws of 1998, paragraph (a) as
amended by chapter 222 of the laws of 1994 and paragraph (d) as  amended
by chapter 644 of the laws of 1996, is amended to read as follows:
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by  a  court  of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
competent proof that the defendant has willfully failed to obey any such
order, the court [may] SHALL:
  (a)  revoke  an  order  of  recognizance or revoke an order of bail or
order forfeiture of such bail and commit the defendant to custody FOR  A
MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c)  revoke  a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal  law  based  on  the  original
conviction FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction FOR A MINIMUM PERIOD OF THIRTY DAYS. In
addition, if the act which constitutes the violation  of  the  order  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00555-01-5

S. 1994                             2

protection  or  temporary  order of protection is a crime or a violation
the defendant may be charged with and tried for that crime or violation.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 11-a to read as follows:
  11-A.  IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ELEVEN OF
THIS SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE
SET  FORTH  IN  TITLE  H OF PART THREE OF THE PENAL LAW, THE COURT SHALL
ORDER THAT THE DEFENDANT BE EQUIPPED WITH A  GLOBAL  POSITIONING  SYSTEM
DEVICE  WHICH  SHALL  RELIABLY MONITOR, TRACK AND LOCATE THE POSITION OF
SUCH DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL  POSI-
TIONING DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER OF PROTECTION OR
ANY RENEWAL THEREOF.
  S 3. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, is amended to read as follows:
  8.  If a defendant is brought before the court for failure to obey any
lawful order issued under this section and if, after hearing, the  court
is  satisfied by competent proof that the defendant has willfully failed
to obey any such order, the court [may] SHALL:
  (a) revoke an order of recognizance or bail and commit  the  defendant
to custody FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
[or  impose  or  increase  bail pending a trial of the original crime or
violation] FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c) revoke a conditional discharge in accordance with  section  410.70
of  this chapter and [impose probation supervision or] impose a sentence
of imprisonment in accordance with the penal law based on  the  original
conviction WHICH SHALL BE FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction WHICH SHALL BE FOR A MINIMUM PERIOD  OF
THIRTY DAYS.  In addition, if the act which constitutes the violation of
the order of protection or temporary order of protection is a crime or a
violation  the defendant may be charged with and tried for that crime or
violation.
  S 4. Subdivision 9 of section 530.13 of the criminal procedure law, as
renumbered by chapter 388 of the laws of 1984, is renumbered subdivision
10 and a new subdivision 9 is added to read as follows:
  9. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE  SET
FORTH  IN  TITLE H OF PART THREE OF THE PENAL LAW, THE COURT SHALL ORDER
THAT THE DEFENDANT BE EQUIPPED WITH A GLOBAL POSITIONING  SYSTEM  DEVICE
WHICH  SHALL  RELIABLY  MONITOR,  TRACK  AND LOCATE THE POSITION OF SUCH
DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL POSITIONING
DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER  OF  PROTECTION  OR  ANY
RENEWAL THEREOF.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S1994A (ACTIVE) - Details

See Assembly Version of this Bill:: A6086
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6865, A9952
2011-2012: S4259, A5261
2013-2014: S2243, A7998, A9340
2017-2018: S1611, A6942

S1994A (ACTIVE) - Summary

Provides a mandatory jail sentence for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants.

S1994A (ACTIVE) - Sponsor Memo

BILL NUMBER:S1994A

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to orders of protection for family and non-family offenses

PURPOSE:

The purpose of this bill is to increase public safety by  improving  the
effectiveness of protection orders.

SUMMARY OF PROVISIONS:

Section   one  of  this  bill  amends  Criminal  Procedure  Law  section
530.12(11) to require that any sentence imposed by a court for violating
an order of protection issued pursuant to section 530.12, or by a  Court
of competent jurisdiction in another State, territorial or tribal juris-
diction, must be for a period of at least 30 days.

Section two of this bill amends Criminal Procedure Law section 530.12 by
adding  a  new subdivision 11-a requiring the Court to order the attach-
ment of a global positioning system (ankle bracelet) for  repeat  offen-
ders  of  offenses  set  forth  in  Penal  Law Part 3, Title H (Offenses
Against The Person Involving Physical Injury, Sexual Conduct,  Restraint
And Intimidation) who are also found to have violated this section. This
penalty is in addition to the penalty that the Court imposes pursuant to
Criminal Procedure Law section 530.12(11).

Section  three  of  this  bill  amends  Criminal  Procedure  Law section
530.13(8) to require that any sentence imposed by a court for  violating
an  order  of protection issued pursuant to section 530.13 must be for a
period of at least 30 days.

Section four of this bill amends Criminal Procedure Law  section  530.13
to  renumber subdivision 9 as subdivision 10 and add a new subdivision 9
requiring the Court to order the  attachment  of  a  global  positioning
system  (ankle bracelet) for repeat offenders of Penal Law Part 3, Title
H  (Offenses  Against  The  Person  Involving  Physical  Injury,  Sexual
Conduct, Restraint And Intimidation) who are found to have violated this
section.  This  penalty  is  in  addition  to the penalty that the Court
imposes pursuant to Criminal Procedure Law section 530.13(8).

Section five provides that this act shall take effect  on  the  sixtieth
day after it shall have become a law.

EXISTING LAW:

Current   law  neither  provides  fixed  minimum  prison  sentences  for
violations of protection orders nor requires the use of global position-
ing systems as described in this bill.

JUSTIFICATION:

Orders of protection were created to provide a level of safety  from  an
individual  that poses a risk of harm to another. Sadly, there have been
a string of cases in recent years in which orders of protection did  not
prevent victims from serious harm or death. In 2010, Qian Wu, a 46 year-
old  woman  from  Queens,  had  nine  orders  of  protection  against an
acquaintance that stabbed her to death outside her home.    On  numerous
occasions,  she  asked  for  further assistance, but the repeat offender
remained loose to stalk  and  harass  her  and  violate  his  orders  of
protection.

It  is  possible  for  individuals  to  continually  violate  orders  of
protection and never serve any jail time. This bill  would  remedy  that
situation.

LEGISLATIVE HISTORY:

2014: S.2243 - Referred to Children and Families
2013: S.2243 - Passed the Senate
2011-2: S.4259 - Referred to Children and Families both years
2010: S.6865 - Referred to Codes

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This  act  shall  take  effect  on  the sixtieth day after it shall have
become a law.

S1994A (ACTIVE) - Bill Text download pdf

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

                                 1994--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  orders  of
  protection for family and non-family offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 11 of section 530.12 of the criminal procedure
law, as amended by chapter 498 of the laws of 1993,  the  opening  para-
graph  as  amended  by chapter 597 of the laws of 1998, paragraph (a) as
amended by chapter 222 of the laws of 1994 and paragraph (d) as  amended
by chapter 644 of the laws of 1996, is amended to read as follows:
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by  a  court  of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
competent proof that the defendant has willfully failed to obey any such
order, the court [may] SHALL:
  (a)  revoke  an  order  of  recognizance or revoke an order of bail or
order forfeiture of such bail and commit the defendant to custody FOR  A
MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c)  revoke  a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal  law  based  on  the  original
conviction FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00555-02-5

S. 1994--A                          2

based on the original conviction FOR A MINIMUM PERIOD OF THIRTY DAYS. In
addition, if the act which constitutes the violation  of  the  order  of
protection  or  temporary  order of protection is a crime or a violation
the defendant may be charged with and tried for that crime or violation.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 11-a to read as follows:
  11-A.  IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ELEVEN OF
THIS SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE
SET  FORTH  IN  TITLE  H OF PART THREE OF THE PENAL LAW, THE COURT SHALL
ORDER THAT THE DEFENDANT BE EQUIPPED WITH A  GLOBAL  POSITIONING  SYSTEM
DEVICE  WHICH  SHALL  RELIABLY MONITOR, TRACK AND LOCATE THE POSITION OF
SUCH DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL  POSI-
TIONING DEVICE FOR THE DURATION OF SUCH ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION OR ANY RENEWAL THEREOF.
  S 3. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, is amended to read as follows:
  8.  If a defendant is brought before the court for failure to obey any
lawful order issued under this section and if, after hearing, the  court
is  satisfied by competent proof that the defendant has willfully failed
to obey any such order, the court [may] SHALL:
  (a) revoke an order of recognizance or bail and commit  the  defendant
to custody FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (b)  restore  the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant  to  custody
[or  impose  or  increase  bail pending a trial of the original crime or
violation] FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (c) revoke a conditional discharge in accordance with  section  410.70
of  this chapter and [impose probation supervision or] impose a sentence
of imprisonment in accordance with the penal law based on  the  original
conviction WHICH SHALL BE FOR A MINIMUM PERIOD OF THIRTY DAYS; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on the original conviction WHICH SHALL BE FOR A MINIMUM PERIOD  OF
THIRTY DAYS.  In addition, if the act which constitutes the violation of
the order of protection or temporary order of protection is a crime or a
violation  the defendant may be charged with and tried for that crime or
violation.
  S 4. Subdivision 9 of section 530.13 of the criminal procedure law, as
renumbered by chapter 388 of the laws of 1984, is renumbered subdivision
10 and a new subdivision 9 is added to read as follows:
  9. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION EIGHT OF THIS
SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE  SET
FORTH  IN  TITLE H OF PART THREE OF THE PENAL LAW, THE COURT SHALL ORDER
THAT THE DEFENDANT BE EQUIPPED WITH A GLOBAL POSITIONING  SYSTEM  DEVICE
WHICH  SHALL  RELIABLY  MONITOR,  TRACK  AND LOCATE THE POSITION OF SUCH
DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL POSITIONING
DEVICE FOR THE DURATION OF SUCH ORDER OF PROTECTION OR  TEMPORARY  ORDER
OF PROTECTION OR ANY RENEWAL THEREOF.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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The New York State Senate

senate Bill S1994A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 10, 2016 - Children and Families committee Vote

Children and Families Committee Vote: May 10, 2016

Jun 10, 2015 - floor Vote

Floor Vote: Jun 10, 2015

Jun 2, 2015 - Finance committee Vote

Finance Committee Vote: Jun 2, 2015

May 18, 2015 - Children and Families committee Vote

Children and Families Committee Vote: May 18, 2015

Bill Amendments

S1994 - Details

S1994 - Summary

S1994 - Sponsor Memo

S1994 - Bill Text download pdf

S1994A (ACTIVE) - Details

S1994A (ACTIVE) - Summary

S1994A (ACTIVE) - Sponsor Memo

S1994A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1994A

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 10, 2016 - Children and Families committee Vote

Children and Families Committee Vote: May 10, 2016

Jun 10, 2015 - floor Vote

Floor Vote: Jun 10, 2015

Jun 2, 2015 - Finance committee Vote

Finance Committee Vote: Jun 2, 2015

May 18, 2015 - Children and Families committee Vote

Children and Families Committee Vote: May 18, 2015

Bill Amendments

S1994 - Details

S1994 - Summary

S1994 - Sponsor Memo

S1994 - Bill Text download pdf

S1994A (ACTIVE) - Details

S1994A (ACTIVE) - Summary

S1994A (ACTIVE) - Sponsor Memo

S1994A (ACTIVE) - Bill Text download pdf

Comments