Senate Bill S1994A

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Bill Amendments

2015-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

2015-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.

2015-S1994 - Sponsor Memo

2015-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
              

2015-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

2015-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.

2015-S1994A (ACTIVE) - Sponsor Memo

2015-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
              

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