NY State Senate Bill 2017-S1611

Senate Bill S1611

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jan 10, 2017	referred to children and families

2017-S1611 (ACTIVE) - Details

See Assembly Version of this Bill:: A6942
Current Committee:: Senate Children And Families
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
2015-2016: S1994, A6086

2017-S1611 (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.

2017-S1611 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1611

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

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 has become quite apparent that individuals can continue to violate
orders of protection and never serve any jail time. This bill will
remedy these unfortunate situations.

 PRIOR LEGISLATIVE HISTORY :

2016: S.1994-A - Passed the Senate
2015: S.1994 - Passed the Senate
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.

2017-S1611 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1611
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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.

                                                            LBD06037-01-7

 S. 1611                             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.

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