S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6942
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 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.
              

                                                            LBD06037-01-7

 A. 6942                             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.
   § 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.
   § 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.
   § 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.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.