S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8221
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal  procedure  law,  in  relation  to  issuing
   restraining orders for certain offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The criminal procedure law is amended by adding a new title
 V to read as follows:
                                  TITLE V
             RESTRAINING ORDERS WITH RESPECT TO DEFENDANTS IN
                     CRIMINAL ACTIONS AND PROCEEDINGS
 
                                ARTICLE 735
          RESTRAINING ORDER FROM LOCATION; DRUG RELATED OFFENSES
 SECTION 735.00 RESTRAINING ORDER - USE OF A CHILD TO COMMIT A CONTROLLED
                  SUBSTANCE OFFENSE.
         735.10 RESTRAINING  ORDER  -  CRIMINAL  SALE  OF  A   CONTROLLED
                  SUBSTANCE IN THE FOURTH DEGREE.
         735.15 RESTRAINING   ORDER  -  CRIMINAL  SALE  OF  A  CONTROLLED
                  SUBSTANCE TO A CHILD.
         735.20 RESTRAINING ORDER - UNLAWFUL MANUFACTURE OF  METHAMPHETA-
                  MINE IN THE THIRD DEGREE.
         735.25 RESTRAINING  ORDER - UNLAWFUL MANUFACTURE OF METHAMPHETA-
                  MINE IN THE SECOND DEGREE.
         735.30 RESTRAINING ORDER - UNLAWFUL MANUFACTURE OF  METHAMPHETA-
                  MINE IN THE FIRST DEGREE.
         735.35 RESTRAINING ORDER - OPERATING AS A MAJOR TRAFFICKER.
         735.40 RESTRAINING  ORDER  -  EXCEPTIONS, CONTENT, DISTRIBUTION,
                  MODIFICATIONS.
         735.45 CERTIFICATION OF OFFENSE LOCATION.
         735.50 DISCRETION TO NOT SEEK RESTRAINING ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11972-01-7

 A. 8221                             2
 
 § 735.00 RESTRAINING ORDER - USE OF  A  CHILD  TO  COMMIT  A  CONTROLLED
            SUBSTANCE OFFENSE.
   1.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.28 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM  CUSTODY
 BEFORE  TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED  IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.28 OF THE PENAL LAW ON A SUMMONS, THE COURT,  UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.28 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON  APPLI-
 CATION  OF  A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT
 AS PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE,  SHALL
 ISSUE  AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS AS PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF  THIS  ARTI-
 CLE.
   4.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.28 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING  ATTORNEY  SHALL  PREPARE  AN APPLICATION FOR FILING ON THE NEXT
 DAY. THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE  THE
 JUVENILE  AND  HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE THAT AN
 ORDER SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY  PROHIB-
 ITING  THE  JUVENILE  FROM  ENTERING  ANY PLACE WHERE THE CRIME OCCURRED
 INCLUDING A BUFFER  ZONE  SURROUNDING  THE  PLACE  OR  MODIFICATIONS  AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL  ISSUE  SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE RELEASE OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE MAY APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON  THE  GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.10 RESTRAINING  ORDER - CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
            THE FOURTH DEGREE.
   1. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.34 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM CUSTODY
 BEFORE TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON  APPLICA-
 TION  OF  A LAW ENFORCEMENT OFFICER OR PROSECUTING DISTRICT ATTORNEY AND
 EXCEPT AS PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE,
 SHALL AS A CONDITION OF RELEASE ISSUE AN ORDER  PROHIBITING  THE  PERSON
 FROM  ENTERING  ANY  PLACE  WHERE THE CRIME OCCURRED, INCLUDING A BUFFER
 ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED  BY  SUBDIVISION
 TWO OF SECTION 735.40 OF THIS ARTICLE.

 A. 8221                             3
 
   2.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.34 OF THE PENAL LAW ON A SUMMONS, THE COURT,  UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.34 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS  RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON APPLI-
 CATION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY  AND  EXCEPT
 AS  PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL
 ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE  THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS  AS  PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTI-
 CLE.
   4. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.34 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING ATTORNEY SHALL PREPARE AN APPLICATION FOR  FILING  ON  THE  NEXT
 DAY.  THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE THE
 JUVENILE AND HIS PARENT OR GUARDIAN WITH WRITTEN NOTICE  THAT  AN  ORDER
 SHALL  BE  ISSUED  BY THE FAMILY COURT ON THE NEXT COURT DAY PROHIBITING
 THE JUVENILE FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED  INCLUDING
 A  BUFFER  ZONE  SURROUNDING  THE  PLACE OR MODIFICATIONS AS PROVIDED BY
 SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT SHALL ISSUE
 SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE RELEASE OF THE JUVENILE.
 IF  THE  RESTRAINTS  CONTAINED  IN  THE  COURT  ORDER  DIFFER  FROM  THE
 RESTRAINTS  CONTAINED  IN  THE  NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE MAY APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON  THE  GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.15 RESTRAINING  ORDER - CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO
            A CHILD.
   1. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.48 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM CUSTODY
 BEFORE TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL  AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING  ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.48  OF THE PENAL LAW ON A SUMMONS, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.48 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS  RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON APPLI-
 CATION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY  AND  EXCEPT

 A. 8221                             4

 AS  PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL
 ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE  THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS  AS  PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTI-
 CLE.
   4. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.48 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING ATTORNEY SHALL PREPARE AN APPLICATION FOR  FILING  ON  THE  NEXT
 DAY.  THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE THE
 JUVENILE AND HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE  THAT  AN
 ORDER  SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY PROHIB-
 ITING THE JUVENILE FROM ENTERING ANY  PLACE  WHERE  THE  CRIME  OCCURRED
 INCLUDING  A  BUFFER  ZONE  SURROUNDING  THE  PLACE  OR MODIFICATIONS AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL ISSUE SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE  RELEASE  OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE  MAY  APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON THE GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.20 RESTRAINING ORDER - UNLAWFUL MANUFACTURE OF METHAMPHETAMINE  IN
            THE THIRD DEGREE.
   1.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.73 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM  CUSTODY
 BEFORE  TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED  IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.73 OF THE PENAL LAW ON A SUMMONS, THE COURT,  UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.73 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON  APPLI-
 CATION  OF  A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT
 AS PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE,  SHALL
 ISSUE  AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS AS PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF  THIS  ARTI-
 CLE.
   4.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.73 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING  ATTORNEY  SHALL  PREPARE  AN APPLICATION FOR FILING ON THE NEXT
 DAY. THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE  THE
 JUVENILE  AND  HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE THAT AN
 ORDER SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY  PROHIB-

 A. 8221                             5
 
 ITING  THE  JUVENILE  FROM  ENTERING  ANY PLACE WHERE THE CRIME OCCURRED
 INCLUDING A BUFFER  ZONE  SURROUNDING  THE  PLACE  OR  MODIFICATIONS  AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL  ISSUE  SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE RELEASE OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE MAY APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON  THE  GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.25 RESTRAINING  ORDER - UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN
            THE SECOND DEGREE.
   1. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.74 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM CUSTODY
 BEFORE TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL  AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING  ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.74  OF THE PENAL LAW ON A SUMMONS, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.74 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS  RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON APPLI-
 CATION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY  AND  EXCEPT
 AS  PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL
 ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE  THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS  AS  PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTI-
 CLE.
   4. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.74 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING ATTORNEY SHALL PREPARE AN APPLICATION FOR  FILING  ON  THE  NEXT
 DAY.  THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE THE
 JUVENILE AND HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE  THAT  AN
 ORDER  SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY PROHIB-
 ITING THE JUVENILE FROM ENTERING ANY  PLACE  WHERE  THE  CRIME  OCCURRED
 INCLUDING  A  BUFFER  ZONE  SURROUNDING  THE  PLACE  OR MODIFICATIONS AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL ISSUE SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE  RELEASE  OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE  MAY  APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON THE GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.30 RESTRAINING ORDER - UNLAWFUL MANUFACTURE OF METHAMPHETAMINE  IN
            THE FIRST DEGREE.

 A. 8221                             6
 
   1.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.75 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM  CUSTODY
 BEFORE  TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED  IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.75 OF THE PENAL LAW ON A SUMMONS, THE COURT,  UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL, AT
 THE TIME OF THE DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   3. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SECTION  220.75 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT AND
 IS RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON  APPLI-
 CATION  OF  A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT
 AS PROVIDED IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE,  SHALL
 ISSUE  AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS AS PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF  THIS  ARTI-
 CLE.
   4.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.75 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING  ATTORNEY  SHALL  PREPARE  AN APPLICATION FOR FILING ON THE NEXT
 DAY. THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE  THE
 JUVENILE  AND  HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE THAT AN
 ORDER SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY  PROHIB-
 ITING  THE  JUVENILE  FROM  ENTERING  ANY PLACE WHERE THE CRIME OCCURRED
 INCLUDING A BUFFER  ZONE  SURROUNDING  THE  PLACE  OR  MODIFICATIONS  AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL  ISSUE  SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE RELEASE OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE MAY APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON  THE  GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.35 RESTRAINING ORDER - OPERATING AS A MAJOR TRAFFICKER.
   1.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.77 OF THE PENAL LAW AND THE PERSON IS RELEASED FROM  CUSTODY
 BEFORE  TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE COURT, UPON APPLICA-
 TION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT  AS
 PROVIDED  IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE, SHALL AS
 A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING THE PERSON FROM ENTER-
 ING ANY  PLACE  WHERE  THE  CRIME  OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   2.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.77 OF THE PENAL LAW ON A SUMMONS, THE COURT,  UPON  APPLICA-
 TION  OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF SECTION 735.40, SHALL, AT THE TIME OF THE

 A. 8221                             7
 
 DEFENDANT'S FIRST APPEARANCE, ISSUE AN ORDER PROHIBITING THE PERSON FROM
 ENTERING ANY PLACE WHERE THE CRIME OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 735.40 OF THIS ARTICLE.
   3.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.77 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS  RELEASED FROM CUSTODY AT A DETENTION HEARING, THE COURT, UPON APPLI-
 CATION OF A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY  AND  EXCEPT
 AS  PROVIDED  IN SUBDIVISION ONE OF SECTION 735.40, SHALL ISSUE AN ORDER
 PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED,
 INCLUDING A BUFFER  ZONE  SURROUNDING  THE  PLACE  OR  MODIFICATIONS  AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE.
   4.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SECTION 220.77 OF THE PENAL LAW ON A JUVENILE DELINQUENCY COMPLAINT  AND
 IS RELEASED WITHOUT BEING DETAINED, THE LAW ENFORCEMENT OFFICER OR PROS-
 ECUTING  ATTORNEY  SHALL  PREPARE  AN APPLICATION FOR FILING ON THE NEXT
 DAY. THE LAW ENFORCEMENT OFFICER RELEASING THE JUVENILE SHALL SERVE  THE
 JUVENILE  AND  HIS OR HER PARENT OR GUARDIAN WITH WRITTEN NOTICE THAT AN
 ORDER SHALL BE ISSUED BY THE FAMILY COURT ON THE NEXT COURT DAY  PROHIB-
 ITING  THE  JUVENILE  FROM  ENTERING  ANY PLACE WHERE THE CRIME OCCURRED
 INCLUDING A BUFFER  ZONE  SURROUNDING  THE  PLACE  OR  MODIFICATIONS  AS
 PROVIDED BY SUBDIVISION TWO OF SECTION 735.40 OF THIS ARTICLE. THE COURT
 SHALL  ISSUE  SUCH ORDER ON THE FIRST COURT DAY FOLLOWING THE RELEASE OF
 THE JUVENILE. IF THE RESTRAINTS CONTAINED IN THE COURT ORDER DIFFER FROM
 THE RESTRAINTS CONTAINED IN THE NOTICE, THE ORDER SHALL NOT BE EFFECTIVE
 UNTIL THE THIRD COURT DAY FOLLOWING THE ISSUANCE OF THE ORDER. THE JUVE-
 NILE MAY APPLY TO THE COURT TO STAY OR MODIFY THE ORDER ON  THE  GROUNDS
 SET FORTH IN SUBDIVISION ONE OF SECTION 735.40 OF THIS ARTICLE.
 § 735.40 RESTRAINING  ORDER - EXCEPTIONS, CONTENT, DISTRIBUTION, MODIFI-
            CATIONS.
   1. THE COURT MAY FOREGO ISSUING A RESTRAINING ORDER FOR WHICH APPLICA-
 TION HAS BEEN MADE ONLY  IF  THE  DEFENDANT  ESTABLISHES  BY  CLEAR  AND
 CONVINCING  EVIDENCE  THAT: (A) THE DEFENDANT LAWFULLY RESIDES AT OR HAS
 LEGITIMATE BUSINESS ON OR NEAR  THE  PLACE,  OR  OTHERWISE  LEGITIMATELY
 NEEDS  TO  ENTER THE PLACE. IN  SUCH EVENT, THE COURT SHALL NOT ISSUE AN
 ORDER PURSUANT TO THIS ARTICLE UNLESS THE  COURT  IS  CLEARLY  CONVINCED
 THAT  THE  NEED TO BAR THE PERSON FROM THE PLACE IN ORDER TO PROTECT THE
 PUBLIC SAFETY AND THE RIGHTS, SAFETY AND HEALTH  OF  THE  RESIDENTS  AND
 PERSONS  WORKING IN THE PLACE OUTWEIGHS THE PERSON'S INTEREST IN RETURN-
 ING TO THE PLACE. IF THE BALANCE OF THE INTEREST OF THE PERSON  AND  THE
 PUBLIC  SO  WARRANTS,  THE  COURT MAY ISSUE AN ORDER IMPOSING CONDITIONS
 UPON THE PERSON'S ENTRY AT, UPON OR NEAR THE PLACE; OR
   (B) THE ISSUANCE OF AN ORDER WOULD CAUSE UNDUE  HARDSHIP  TO  INNOCENT
 PERSONS  AND  WOULD  CONSTITUTE  A SERIOUS INJUSTICE WHICH OVERRIDES THE
 NEED TO PROTECT THE RIGHTS, SAFETY AND HEALTH OF PERSONS RESIDING IN  OR
 HAVING BUSINESS IN THE PLACE.
   2.  A RESTRAINING ORDER ISSUED PURSUANT TO THIS ARTICLE SHALL DESCRIBE
 THE PLACE FROM WHICH THE PERSON HAS BEEN BARRED AND ANY CONDITIONS  UPON
 THE PERSON'S ENTRY INTO THE PLACE, WITH SUFFICIENT SPECIFICITY TO ENABLE
 THE PERSON TO GUIDE HIS CONDUCT ACCORDINGLY AND TO ENABLE A LAW ENFORCE-
 MENT  OFFICER  TO  ENFORCE  THE ORDER. THE ORDER SHALL ALSO PROHIBIT THE
 PERSON FROM ENTERING AN AREA OF UP TO FIVE HUNDRED FEET SURROUNDING  THE
 PLACE,  UNLESS THE COURT RULES THAT A DIFFERENT BUFFER ZONE WOULD BETTER
 EFFECTUATE THE PURPOSES OF THIS ARTICLE. IN THE DISCRETION OF THE COURT,
 THE ORDER MAY CONTAIN MODIFICATIONS TO PERMIT THE PERSON  TO  ENTER  THE
 AREA  DURING  SPECIFIED  TIMES  FOR SPECIFIED PURPOSES SUCH AS ATTENDING

 A. 8221                             8
 
 SCHOOL DURING REGULAR SCHOOL HOURS.  WHEN  APPROPRIATE,  THE  COURT  MAY
 APPEND TO THE ORDER A MAP DEPICTING THE PLACE. THE PERSON SHALL BE GIVEN
 A  COPY OF THE RESTRAINING ORDER AND ANY APPENDED MAP AND SHALL ACKNOWL-
 EDGE IN WRITING THE RECEIPT THEREOF.
   3.  (A) THE COURT SHALL PROVIDE NOTICE OF THE RESTRAINING ORDER TO THE
 LOCAL LAW ENFORCEMENT AGENCY WHERE THE ARREST OCCURRED AND TO THE COUNTY
 DISTRICT ATTORNEY.
   (B) PRIOR TO THE PERSON'S CONVICTION OR  ADJUDICATION  OF  DELINQUENCY
 FOR A CRIMINAL OFFENSE, THE LOCAL LAW ENFORCEMENT AGENCY MAY POST A COPY
 OF  ANY  ORDERS ISSUED PURSUANT TO THIS ARTICLE, OR AN EQUIVALENT NOTICE
 CONTAINING THE TERMS OF THE ORDER, UPON ONE OR  MORE  OF  THE  PRINCIPAL
 ENTRANCES  OF THE PLACE OR IN ANY OTHER CONSPICUOUS LOCATION. SUCH POST-
 ING SHALL BE FOR THE PURPOSE OF INFORMING THE PUBLIC, AND THE FAILURE TO
 POST A COPY OF THE ORDER SHALL IN NO WAY EXCUSE  ANY  VIOLATION  OF  THE
 ORDER.
   (C)  PRIOR  TO  THE PERSON'S CONVICTION OR ADJUDICATION OF DELINQUENCY
 FOR A CRIMINAL OFFENSE, ANY LAW ENFORCEMENT AGENCY MAY PUBLISH A COPY OF
 ANY ORDERS ISSUED PURSUANT TO THIS  ARTICLE,  OR  AN  EQUIVALENT  NOTICE
 CONTAINING  THE  TERMS  OF  THE ORDER, IN A NEWSPAPER CIRCULATING IN THE
 AREA OF THE RESTRAINING ORDER. SUCH PUBLICATION SHALL BE FOR THE PURPOSE
 OF INFORMING THE PUBLIC, AND THE FAILURE TO PUBLISH A COPY OF THE  ORDER
 SHALL IN NO WAY EXCUSE ANY VIOLATION OF THE ORDER.
   (D)  PRIOR  TO  THE PERSON'S CONVICTION OR ADJUDICATION OF DELINQUENCY
 FOR A CRIMINAL OFFENSE, ANY LAW ENFORCEMENT AGENCY MAY DISTRIBUTE COPIES
 OF ANY ORDERS ISSUED PURSUANT TO THIS ARTICLE, OR AN  EQUIVALENT  NOTICE
 CONTAINING  THE  TERMS  OF THE ORDER, TO RESIDENTS OR BUSINESSES LOCATED
 WITHIN THE AREA DELINEATED IN THE ORDER OR, IN THE CASE OF A  SCHOOL  OR
 ANY  GOVERNMENT-OWNED  PROPERTY, TO THE APPROPRIATE ADMINISTRATOR, OR TO
 ANY TENANT ASSOCIATION REPRESENTING THE RESIDENTS OF THE AFFECTED  AREA.
 SUCH  PUBLICATION  SHALL BE FOR THE PURPOSE OF INFORMING THE PUBLIC, AND
 THE FAILURE TO PUBLISH A COPY OF THE ORDER SHALL IN NO  WAY  EXCUSE  ANY
 VIOLATION OF THE ORDER.
   4.  WHEN  A  PERSON  IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR ANY
 CRIMINAL OFFENSE DESCRIBED IN THIS ARTICLE, THE COURT, UPON  APPLICATION
 OF  A  LAW  ENFORCEMENT  OFFICER  OR  PROSECUTING ATTORNEY AND EXCEPT AS
 PROVIDED IN SUBDIVISION ONE OF THIS SECTION, SHALL, BY SEPARATE ORDER OR
 WITHIN THE JUDGMENT OF CONVICTION, ISSUE AN ORDER PROHIBITING THE PERSON
 FROM ENTERING ANY PLACE WHERE THE CRIME  OCCURRED,  INCLUDING  A  BUFFER
 ZONE  SURROUNDING  THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION
 TWO OF THIS SECTION. UPON THE PERSON'S  CONVICTION  OR  ADJUDICATION  OF
 DELINQUENCY  FOR  A  CRIMINAL  OFFENSE  DESCRIBED IN THIS ARTICLE, A LAW
 ENFORCEMENT AGENCY, IN ADDITION TO POSTING, PUBLISHING AND  DISTRIBUTING
 THE  ORDER  OR AN EQUIVALENT NOTICE PURSUANT TO PARAGRAPHS (B), (C), AND
 (D) OF SUBDIVISION THREE OF THIS SECTION, MAY  ALSO  POST,  PUBLISH  AND
 DISTRIBUTE A PHOTOGRAPH OF THE PERSON.
   5.  WHEN  A JUVENILE HAS BEEN ADJUDICATED DELINQUENT FOR AN ACT WHICH,
 IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL OFFENSE, IN ADDITION TO AN
 ORDER REQUIRED BY SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER DISPOSI-
 TION AUTHORIZED BY LAW, THE COURT MAY ORDER THE JUVENILE AND ANY PARENT,
 GUARDIAN OR ANY FAMILY MEMBER OVER WHOM THE COURT  HAS  JURISDICTION  TO
 TAKE SUCH ACTIONS OR OBEY SUCH RESTRAINTS AS MAY BE NECESSARY TO FACILI-
 TATE  THE  REHABILITATION OF THE JUVENILE OR TO PROTECT PUBLIC SAFETY OR
 TO SAFEGUARD OR ENFORCE THE RIGHTS OF RESIDENTS OF THE PLACE. THE  COURT
 MAY COMMIT THE JUVENILE TO THE CARE OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNTIL SUCH TIME AS THE JUVENILE REACHES THE AGE OF EIGHTEEN OR

 A. 8221                             9
 
 UNTIL THE ORDER  OF  REMOVAL  AND  RESTRAINT  EXPIRES,  WHICHEVER  FIRST
 OCCURS, OR TO SUCH ALTERNATIVE RESIDENTIAL PLACEMENT AS IS PRACTICABLE.
   6.  AN  ORDER  ISSUED  PURSUANT  TO  SECTIONS  735.00, 735.10, 735.15,
 735.20, 735.25, 735.30, AND 735.35  OF  THIS  ARTICLE  SHALL  REMAIN  IN
 EFFECT UNTIL THE CASE HAS BEEN ADJUDICATED OR DISMISSED, OR FOR NOT LESS
 THAN  TWO YEARS, WHICHEVER IS LESS. AN ORDER ISSUED PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION SHALL REMAIN IN EFFECT  FOR  SUCH  PERIOD  OF,
 TIME  AS  SHALL  BE  FIXED  BY THE COURT BUT NOT LONGER THAN THE MAXIMUM
 TERMS OF IMPRISONMENT OR INCARCERATION ALLOWED BY LAW FOR THE UNDERLYING
 OFFENSE OR OFFENSES. WHEN THE COURT ISSUES A RESTRAINING ORDER  PURSUANT
 TO  SUBDIVISION FOUR OF THIS SECTION AND THE PERSON IS ALSO SENTENCED TO
 ANY FORM OF PROBATIONARY SUPERVISION, THE COURT  SHALL  MAKE  CONTINUING
 COMPLIANCE  WITH  THE  ORDER AN EXPRESS CONDITION OF PROBATION. WHEN THE
 PERSON HAS BEEN SENTENCED TO A TERM OF INCARCERATION, CONTINUING COMPLI-
 ANCE WITH THE TERMS AND CONDITIONS OF THE ORDER SHALL BE MADE AN EXPRESS
 CONDITION OF THE PERSON'S RELEASE FROM CONFINEMENT OR  INCARCERATION  ON
 PAROLE.  AT THE TIME OF SENTENCING OR, IN THE CASE OF A JUVENILE, AT THE
 TIME OF DISPOSITION OF THE JUVENILE CASE, THE  COURT  SHALL  ADVISE  THE
 DEFENDANT  THAT  THE RESTRAINING ORDER SHALL INCLUDE A FIXED TIME PERIOD
 IN ACCORDANCE WITH THIS SUBDIVISION AND SHALL INCLUDE THAT PROVISION  IN
 THE JUDGMENT OF CONVICTION, DISPOSITIONAL ORDER, SEPARATE ORDER OR ORDER
 VACATING  AN  EXISTING  RESTRAINING ORDER, TO THE LAW ENFORCEMENT AGENCY
 THAT MADE THE ARREST AND TO THE COUNTY DISTRICT ATTORNEY.
   7. ALL APPLICATIONS TO STAY OR MODIFY AN ORDER ISSUED PURSUANT TO THIS
 SECTION SHALL BE MADE IN SUPREME  COURT.  THE  COURT  SHALL  IMMEDIATELY
 NOTIFY  THE  COUNTY DISTRICT ATTORNEY IN WRITING WHENEVER AN APPLICATION
 IS MADE TO STAY OR MODIFY AN ORDER ISSUED PURSUANT TO THIS  SECTION.  IF
 THE  COURT  DOES  NOT ISSUE A RESTRAINING ORDER, THE SENTENCE IMPOSED BY
 THE COURT FOR A CRIMINAL OFFENSE AS DEFINED IN THIS  ARTICLE  SHALL  NOT
 BECOME  FINAL  FOR TEN DAYS IN ORDER TO PERMIT THE APPEAL OF THE COURT'S
 FINDINGS BY THE PROSECUTION.
   8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED IN ANY WAY TO LIMIT  THE
 AUTHORITY  OF  THE  COURT  TO  TAKE  SUCH OTHER ACTIONS OR TO ISSUE SUCH
 ORDERS AS MAY BE NECESSARY TO PROTECT THE PUBLIC SAFETY OR TO  SAFEGUARD
 OR ENFORCE THE RIGHTS OF OTHERS WITH RESPECT TO THE PLACE.
   9.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COURT MAY
 PERMIT THE PERSON TO RETURN TO THE PLACE TO OBTAIN  PERSONAL  BELONGINGS
 AND  EFFECTS AND, BY COURT ORDER, MAY RESTRICT THE TIME AND DURATION AND
 PROVIDE FOR POLICE SUPERVISION OF SUCH VISIT.
 § 735.45 CERTIFICATION OF OFFENSE LOCATION.
   THE COURT SHALL ISSUE A RESTRAINING ORDER  PURSUANT  TO  THIS  ARTICLE
 ONLY  UPON  REQUEST BY A LAW ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY
 AND SUBMISSION  OF  A  CERTIFICATION  DESCRIBING  THE  LOCATION  OF  THE
 OFFENSE.
 § 735.50 DISCRETION TO NOT SEEK RESTRAINING ORDER.
   A LAW ENFORCEMENT OR PROSECUTING ATTORNEY SHALL HAVE DISCRETION TO NOT
 SEEK  A  RESTRAINING  ORDER  IF THE DEFENDANT IS CHARGED WITH AN OFFENSE
 RESULTING FROM THE STOP OF A MOTOR VEHICLE OR IF THE DEFENDANT WAS USING
 PUBLIC TRANSPORTATION.
                                ARTICLE 740
              RESTRAINING ORDER FROM LOCATION; CERTAIN CRIMES
 SECTION 740.00 RESTRAINING ORDER - CRIMINAL POSSESSION OF  A  WEAPON  IN
                  THE THIRD DEGREE.
         740.10 RESTRAINING  ORDER  -- EXCEPTIONS, CONTENT, DISTRIBUTION,
                  MODIFICATIONS.
         740.15 CERTIFICATION OF OFFENSE LOCATION.

 A. 8221                            10
 
         740.20 DISCRETION TO NOT SEEK RESTRAINING ORDER.
 § 740.00 RESTRAINING  ORDER  -  CRIMINAL  POSSESSION  OF A WEAPON IN THE
            THIRD DEGREE.
   1. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SUBDIVISION  SEVEN  OF SECTION 265.02 OF THE PENAL LAW AND THE PERSON IS
 RELEASED FROM CUSTODY BEFORE TRIAL ON BAIL OR PERSONAL RECOGNIZANCE, THE
 COURT, UPON APPLICATION OF A  LAW  ENFORCEMENT  OFFICER  OR  PROSECUTING
 ATTORNEY  AND EXCEPT AS PROVIDED IN SUBDIVISION ONE OF SECTION 740.10 OF
 THIS ARTICLE, SHALL AS A CONDITION OF RELEASE ISSUE AN ORDER PROHIBITING
 THE PERSON FROM ENTERING ANY PLACE WHERE THE CRIME OCCURRED, INCLUDING A
 BUFFER ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDI-
 VISION TWO OF SECTION 740.10 OF THIS ARTICLE.
   2. WHEN A PERSON IS CHARGED WITH A  CRIMINAL  OFFENSE  AS  DEFINED  IN
 SUBDIVISION  SEVEN  OF SECTION 265.02 OF THE PENAL LAW ON A SUMMONS, THE
 COURT, UPON APPLICATION OF A  LAW  ENFORCEMENT  OFFICER  OR  PROSECUTING
 ATTORNEY  AND EXCEPT AS PROVIDED IN SUBDIVISION ONE OF SECTION 740.10 OF
 THIS ARTICLE, SHALL, AT THE TIME OF THE  DEFENDANT'S  FIRST  APPEARANCE,
 ISSUE  AN ORDER PROHIBITING THE PERSON FROM ENTERING ANY PLACE WHERE THE
 CRIME OCCURRED, INCLUDING A BUFFER ZONE SURROUNDING THE PLACE OR MODIFI-
 CATIONS AS PROVIDED BY SUBDIVISION TWO OF SECTION 740.10 OF  THIS  ARTI-
 CLE.
   3.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SUBDIVISION SEVEN OF SECTION 265.02 OF  THE  PENAL  LAW  ON  A  JUVENILE
 DELINQUENCY  COMPLAINT AND IS RELEASED FROM CUSTODY AT A DETENTION HEAR-
 ING, THE COURT, UPON APPLICATION OF A LAW ENFORCEMENT OFFICER OR  PROSE-
 CUTING  ATTORNEY  AND  EXCEPT  AS PROVIDED IN SUBDIVISION ONE OF SECTION
 740.10 OF THIS ARTICLE, SHALL ISSUE AN ORDER PROHIBITING THE PERSON FROM
 ENTERING ANY PLACE WHERE THE CRIME OCCURRED,  INCLUDING  A  BUFFER  ZONE
 SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF
 SECTION 740.10 OF THIS ARTICLE.
   4.  WHEN  A  PERSON  IS  CHARGED WITH A CRIMINAL OFFENSE AS DEFINED IN
 SUBDIVISION SEVEN OF SECTION 265.02 OF  THE  PENAL  LAW  ON  A  JUVENILE
 DELINQUENCY  COMPLAINT  AND  IS RELEASED WITHOUT BEING DETAINED, THE LAW
 ENFORCEMENT OFFICER OR PROSECUTING ATTORNEY SHALL PREPARE AN APPLICATION
 FOR FILING ON THE NEXT DAY. THE LAW ENFORCEMENT  OFFICER  RELEASING  THE
 JUVENILE SHALL SERVE THE JUVENILE AND HIS OR HER PARENT OR GUARDIAN WITH
 WRITTEN  NOTICE THAT AN ORDER SHALL BE ISSUED BY THE FAMILY COURT ON THE
 NEXT COURT DAY PROHIBITING THE JUVENILE FROM ENTERING  ANY  PLACE  WHERE
 THE  CRIME  OCCURRED  INCLUDING  A  BUFFER ZONE SURROUNDING THE PLACE OR
 MODIFICATIONS AS PROVIDED BY SUBDIVISION TWO OF SECTION 740.10  OF  THIS
 ARTICLE. THE COURT SHALL ISSUE SUCH ORDER ON THE FIRST COURT DAY FOLLOW-
 ING  THE  RELEASE  OF  THE  JUVENILE. IF THE RESTRAINTS CONTAINED IN THE
 COURT ORDER DIFFER FROM THE RESTRAINTS  CONTAINED  IN  THE  NOTICE,  THE
 ORDER  SHALL  NOT  BE  EFFECTIVE UNTIL THE THIRD COURT DAY FOLLOWING THE
 ISSUANCE OF THE ORDER. THE JUVENILE MAY APPLY TO THE COURT  TO  STAY  OR
 MODIFY  THE ORDER ON THE GROUNDS SET FORTH IN SUBDIVISION ONE OF SECTION
 740.10 OF THIS ARTICLE.
 § 740.10 RESTRAINING ORDER -- EXCEPTIONS, CONTENT, DISTRIBUTION, MODIFI-
            CATIONS.
   1. THE COURT MAY FOREGO ISSUING A RESTRAINING ORDER FOR WHICH APPLICA-
 TION HAS BEEN MADE ONLY  IF  THE  DEFENDANT  ESTABLISHES  BY  CLEAR  AND
 CONVINCING  EVIDENCE  THAT: (A) THE DEFENDANT LAWFULLY RESIDES AT OR HAS
 LEGITIMATE BUSINESS ON OR NEAR  THE  PLACE,  OR  OTHERWISE  LEGITIMATELY
 NEEDS TO ENTER THE PLACE. IN SUCH AN EVENT, THE COURT SHALL NOT ISSUE AN
 ORDER  PURSUANT  TO  THIS  ARTICLE UNLESS THE COURT IS CLEARLY CONVINCED
 THAT THE NEED TO BAR THE PERSON FROM THE PLACE IN ORDER TO  PROTECT  THE

 A. 8221                            11
 
 PUBLIC  SAFETY  AND  THE  RIGHTS, SAFETY AND HEALTH OF THE RESIDENTS AND
 PERSONS WORKING IN THE PLACE OUTWEIGHS THE PERSON'S INTEREST IN  RETURN-
 ING  TO  THE PLACE. IF THE BALANCE OF THE INTEREST OF THE PERSON AND THE
 PUBLIC  SO  WARRANTS,  THE  COURT MAY ISSUE AN ORDER IMPOSING CONDITIONS
 UPON THE PERSON'S ENTRY AT, UPON OR NEAR THE PLACE; OR
   (B) THE ISSUANCE OF AN ORDER WOULD CAUSE UNDUE  HARDSHIP  TO  INNOCENT
 PERSONS  AND  WOULD  CONSTITUTE  A SERIOUS INJUSTICE WHICH OVERRIDES THE
 NEED TO PROTECT THE RIGHTS, SAFETY AND HEALTH OF PERSONS RESIDING IN  OR
 HAVING BUSINESS IN THE PLACE.
   2.  A RESTRAINING ORDER ISSUED PURSUANT TO THIS ARTICLE SHALL DESCRIBE
 THE PLACE FROM WHICH THE PERSON HAS BEEN BARRED AND ANY CONDITIONS  UPON
 THE PERSON'S ENTRY INTO THE PLACE, WITH SUFFICIENT SPECIFICITY TO ENABLE
 THE PERSON TO GUIDE HIS CONDUCT ACCORDINGLY AND TO ENABLE A LAW ENFORCE-
 MENT  OFFICER  TO  ENFORCE  THE ORDER. THE ORDER SHALL ALSO PROHIBIT THE
 PERSON FROM ENTERING AN AREA OF UP TO FIVE HUNDRED FEET SURROUNDING  THE
 PLACE,  UNLESS THE COURT RULES THAT A DIFFERENT BUFFER ZONE WOULD BETTER
 EFFECTUATE THE PURPOSES OF THIS ACT. IN THE DISCRETION OF THE COURT, THE
 ORDER MAY CONTAIN MODIFICATIONS TO PERMIT THE PERSON TO ENTER  THE  AREA
 DURING  SPECIFIED  TIMES FOR SPECIFIED PURPOSES SUCH AS ATTENDING SCHOOL
 DURING REGULAR SCHOOL HOURS. WHEN APPROPRIATE, THE COURT MAY  APPEND  TO
 THE ORDER A MAP DEPICTING THE PLACE. THE PERSON SHALL BE GIVEN A COPY OF
 THE  RESTRAINING  ORDER  AND  ANY  APPENDED MAP AND SHALL ACKNOWLEDGE IN
 WRITING THE RECEIPT THEREOF.
   3. (A) THE COURT SHALL PROVIDE NOTICE OF THE RESTRAINING ORDER TO  THE
 LOCAL LAW ENFORCEMENT AGENCY WHERE THE ARREST OCCURRED AND TO THE COUNTY
 DISTRICT ATTORNEY.
   (B)  PRIOR  TO  THE PERSON'S CONVICTION OR ADJUDICATION OF DELINQUENCY
 FOR A CRIMINAL OFFENSE, THE LOCAL LAW ENFORCEMENT AGENCY MAY POST A COPY
 OF ANY ORDERS ISSUED PURSUANT TO THIS ARTICLE, OR AN  EQUIVALENT  NOTICE
 CONTAINING  THE  TERMS  OF  THE ORDER, UPON ONE OR MORE OF THE PRINCIPAL
 ENTRANCES OF THE PLACE OR IN ANY OTHER CONSPICUOUS LOCATION. SUCH  POST-
 ING SHALL BE FOR THE PURPOSE OF INFORMING THE PUBLIC, AND THE FAILURE TO
 POST  A  COPY  OF  THE ORDER SHALL IN NO WAY EXCUSE ANY VIOLATION OF THE
 ORDER.
   (C) PRIOR TO THE PERSON'S CONVICTION OR  ADJUDICATION  OF  DELINQUENCY
 FOR A CRIMINAL OFFENSE, ANY LAW ENFORCEMENT AGENCY MAY PUBLISH A COPY OF
 ANY  ORDERS  ISSUED  PURSUANT  TO  THIS ARTICLE, OR AN EQUIVALENT NOTICE
 CONTAINING THE TERMS OF THE ORDER, IN A  NEWSPAPER  CIRCULATING  IN  THE
 AREA OF THE RESTRAINING ORDER. SUCH PUBLICATION SHALL BE FOR THE PURPOSE
 OF  INFORMING THE PUBLIC, AND THE FAILURE TO PUBLISH A COPY OF THE ORDER
 SHALL IN NO WAY EXCUSE ANY VIOLATION OF THE ORDER.
   (D) PRIOR TO THE PERSON'S CONVICTION OR  ADJUDICATION  OF  DELINQUENCY
 FOR A CRIMINAL OFFENSE, ANY LAW ENFORCEMENT AGENCY MAY DISTRIBUTE COPIES
 OF  ANY  ORDERS ISSUED PURSUANT TO THIS ARTICLE, OR AN EQUIVALENT NOTICE
 CONTAINING THE TERMS OF THE ORDER, TO RESIDENTS  OR  BUSINESSES  LOCATED
 WITHIN  THE  AREA DELINEATED IN THE ORDER OR, IN THE CASE OF A SCHOOL OR
 ANY GOVERNMENT-OWNED PROPERTY, TO THE APPROPRIATE ADMINISTRATOR,  OR  TO
 ANY  TENANT ASSOCIATION REPRESENTING THE RESIDENTS OF THE AFFECTED AREA.
 SUCH PUBLICATION SHALL BE FOR THE PURPOSE OF INFORMING THE  PUBLIC,  AND
 THE  FAILURE  TO  PUBLISH A COPY OF THE ORDER SHALL IN NO WAY EXCUSE ANY
 VIOLATION OF THE ORDER.
   4. WHEN A PERSON IS CONVICTED OF OR  ADJUDICATED  DELINQUENT  FOR  ANY
 CRIMINAL  OFFENSE DESCRIBED IN THIS ARTICLE, THE COURT, UPON APPLICATION
 OF A LAW ENFORCEMENT OFFICER  OR  PROSECUTING  ATTORNEY  AND  EXCEPT  AS
 PROVIDED IN SUBDIVISION ONE OF THIS SECTION, SHALL, BY SEPARATE ORDER OR
 WITHIN THE JUDGMENT OF CONVICTION, ISSUE AN ORDER PROHIBITING THE PERSON

 A. 8221                            12
 
 FROM  ENTERING  ANY  PLACE  WHERE THE CRIME OCCURRED, INCLUDING A BUFFER
 ZONE SURROUNDING THE PLACE OR MODIFICATIONS AS PROVIDED  BY  SUBDIVISION
 TWO  OF  THIS  SECTION.  UPON THE PERSON'S CONVICTION OR ADJUDICATION OF
 DELINQUENCY  FOR  A  CRIMINAL  OFFENSE  DESCRIBED IN THIS ARTICLE, A LAW
 ENFORCEMENT AGENCY, IN ADDITION TO POSTING, PUBLISHING AND  DISTRIBUTING
 THE  ORDER  OR AN EQUIVALENT NOTICE PURSUANT TO PARAGRAPHS (B), (C), AND
 (D) OF SUBDIVISION THREE OF THIS SECTION, MAY  ALSO  POST,  PUBLISH  AND
 DISTRIBUTE A PHOTOGRAPH OF THE PERSON.
   5.  WHEN  A JUVENILE HAS BEEN ADJUDICATED DELINQUENT FOR AN ACT WHICH,
 IF COMMITTED BY AN ADULT, WOULD BE A CRIMINAL OFFENSE, IN ADDITION TO AN
 ORDER REQUIRED BY SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER DISPOSI-
 TION AUTHORIZED BY LAW, THE COURT MAY ORDER THE JUVENILE AND ANY PARENT,
 GUARDIAN OR ANY FAMILY MEMBER OVER WHOM THE COURT  HAS  JURISDICTION  TO
 TAKE SUCH ACTIONS OR OBEY SUCH RESTRAINTS AS MAY BE NECESSARY TO FACILI-
 TATE  THE  REHABILITATION OF THE JUVENILE OR TO PROTECT PUBLIC SAFETY OR
 TO SAFEGUARD OR ENFORCE THE RIGHTS OF RESIDENTS OF THE PLACE. THE  COURT
 MAY COMMIT THE JUVENILE TO THE CARE OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES  UNTIL SUCH TIME AS THE JUVENILE REACHES THE AGE OF EIGHTEEN OR
 UNTIL THE ORDER  OF  REMOVAL  AND  RESTRAINT  EXPIRES,  WHICHEVER  FIRST
 OCCURS, OR TO SUCH ALTERNATIVE RESIDENTIAL PLACEMENT AS IS PRACTICABLE.
   6.  AN  ORDER  ISSUED PURSUANT TO SECTION 740.00 OF THIS ARTICLE SHALL
 REMAIN IN EFFECT UNTIL THE CASE HAS BEEN ADJUDICATED  OR  DISMISSED,  OR
 FOR NOT LESS THAN TWO YEARS, WHICHEVER IS LESS. AN ORDER ISSUED PURSUANT
 TO  SUBDIVISION  FOUR  OF  THIS  SECTION SHALL REMAIN IN EFFECT FOR SUCH
 PERIOD OF TIME AS SHALL BE FIXED BY THE COURT BUT NOT  LONGER  THAN  THE
 MAXIMUM  TERMS  OF  IMPRISONMENT OR INCARCERATION ALLOWED BY LAW FOR THE
 UNDERLYING OFFENSE OR OFFENSES. WHEN  THE  COURT  ISSUES  A  RESTRAINING
 ORDER  PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION AND THE PERSON IS
 ALSO SENTENCED TO ANY FORM OF PROBATIONARY SUPERVISION, THE COURT  SHALL
 MAKE  CONTINUING  COMPLIANCE  WITH  THE  ORDER  AN  EXPRESS CONDITION OF
 PROBATION. WHEN THE PERSON HAS BEEN SENTENCED TO A  TERM  OF  INCARCERA-
 TION,  CONTINUING  COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORDER
 SHALL BE MADE AN EXPRESS CONDITION OF THE PERSON'S RELEASE FROM CONFINE-
 MENT OR INCARCERATION ON PAROLE. AT THE TIME OF SENTENCING  OR,  IN  THE
 CASE OF A JUVENILE, AT THE TIME OF DISPOSITION OF THE JUVENILE CASE, THE
 COURT  SHALL  ADVISE  THE  DEFENDANT  THAT  THE  RESTRAINING ORDER SHALL
 INCLUDE A FIXED TIME PERIOD IN  ACCORDANCE  WITH  THIS  SUBDIVISION  AND
 SHALL  INCLUDE  THAT  PROVISION  IN THE JUDGMENT OF CONVICTION, DISPOSI-
 TIONAL ORDER, SEPARATE ORDER OR ORDER VACATING AN  EXISTING  RESTRAINING
 ORDER,  TO  THE  LAW  ENFORCEMENT AGENCY THAT MADE THE ARREST AND TO THE
 COUNTY DISTRICT ATTORNEY.
   7. ALL APPLICATIONS TO STAY OR MODIFY AN ORDER ISSUED PURSUANT TO THIS
 SECTION SHALL BE MADE IN SUPREME  COURT.  THE  COURT  SHALL  IMMEDIATELY
 NOTIFY  THE  COUNTY DISTRICT ATTORNEY IN WRITING WHENEVER AN APPLICATION
 IS MADE TO STAY OR MODIFY AN ORDER ISSUED PURSUANT TO THIS  SECTION.  IF
 THE  COURT  DOES  NOT ISSUE A RESTRAINING ORDER, THE SENTENCE IMPOSED BY
 THE COURT FOR A CRIMINAL OFFENSE AS DEFINED IN THIS  ARTICLE  SHALL  NOT
 BECOME  FINAL  FOR TEN DAYS IN ORDER TO PERMIT THE APPEAL OF THE COURT'S
 FINDINGS BY THE PROSECUTION.
   8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED IN ANY WAY TO LIMIT  THE
 AUTHORITY  OF  THE  COURT  TO  TAKE  SUCH OTHER ACTIONS OR TO ISSUE SUCH
 ORDERS AS MAY BE NECESSARY TO PROTECT THE PUBLIC SAFETY OR TO  SAFEGUARD
 OR ENFORCE THE RIGHTS OF OTHERS WITH RESPECT TO THE PLACE.
   9.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COURT MAY
 PERMIT THE PERSON TO RETURN TO THE PLACE TO OBTAIN  PERSONAL  BELONGINGS

 A. 8221                            13
 
 AND  EFFECTS AND, BY COURT ORDER, MAY RESTRICT THE TIME AND DURATION AND
 PROVIDE FOR POLICE SUPERVISION OF SUCH VISIT.
 § 740.15 CERTIFICATION OF OFFENSE LOCATION.
   THE  COURT  SHALL  ISSUE  A RESTRAINING ORDER PURSUANT TO THIS ARTICLE
 ONLY UPON REQUEST BY A LAW ENFORCEMENT OFFICER OR  PROSECUTING  DISTRICT
 ATTORNEY  AND  SUBMISSION  OF A CERTIFICATION DESCRIBING THE LOCATION OF
 THE OFFENSE.
 § 740.20 DISCRETION TO NOT SEEK RESTRAINING ORDER.
   A  LAW  ENFORCEMENT  OR  PROSECUTING  DISTRICT  ATTORNEY  SHALL   HAVE
 DISCRETION  TO  NOT SEEK A RESTRAINING ORDER IF THE DEFENDANT IS CHARGED
 WITH AN OFFENSE RESULTING FROM THE STOP OF A MOTOR  VEHICLE  OR  IF  THE
 DEFENDANT WAS USING PUBLIC TRANSPORTATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.