S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1816
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act, the domestic relations law and the
   criminal procedure law, in relation to orders of protection  in  cases
   involving domestic violence

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 842 of  the  family  court
 act,  as  amended by chapter 526 of the laws of 2013, is amended to read
 as follows:
   An order of protection under section eight hundred forty-one  of  this
 part  shall  set  forth reasonable conditions of behavior to be observed
 for a period not in excess of two years by the petitioner or  respondent
 or  for  a  period not in excess of five years upon (i) a finding by the
 court on the record of the existence  of  aggravating  circumstances  as
 defined  in  paragraph (vii) of subdivision (a) of section eight hundred
 twenty-seven of this article; or (ii) a finding  by  the  court  on  the
 record  that  the  conduct  alleged in the petition is in violation of a
 valid order of protection.   IN CASES INVOLVING  DOMESTIC  VIOLENCE,  AN
 ORDER  OF  PROTECTION  SHALL BE OBSERVED BY THE PETITIONER OR RESPONDENT
 FOR A PERIOD OF NO LESS THAN FIVE  YEARS.  Any  finding  of  aggravating
 circumstances pursuant to this section shall be stated on the record and
 upon  the  order  of protection. The court may also, upon motion, extend
 the order of protection for a reasonable period of time upon  a  showing
 of  good  cause  or  consent of the parties. The fact that abuse has not
 occurred during the pendency of an order shall not, in  itself,  consti-
 tute  sufficient  ground for denying or failing to extend the order. The
 court must articulate a basis for its decision on the record. The  dura-
 tion of any temporary order shall not by itself be a factor in determin-
 ing  the length or issuance of any final order.  Any order of protection
 issued pursuant to this section shall specify if an order  of  probation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00617-01-7

 S. 1816                             2
 
 is  in  effect.  Any order of protection issued pursuant to this section
 may require the petitioner or the respondent:
   §  2.  The  opening  paragraph of subdivision 1 of section 1056 of the
 family court act, as amended by chapter 526 of  the  laws  of  2013,  is
 amended to read as follows:
   The court may make an order of protection in assistance or as a condi-
 tion  of  any other order made under this part. Such order of protection
 shall remain in effect concurrently with, shall expire no later than the
 expiration date of, and may be extended concurrently  with,  such  other
 order  made  under  this part, except as provided in subdivision four of
 this section. The order of protection may set  forth  reasonable  condi-
 tions of behavior to be observed for a specified time by a person who is
 before the court and is a parent or a person legally responsible for the
 child's care or the spouse of the parent or other person legally respon-
 sible  for  the  child's  care,  or  both.   IN CASES INVOLVING DOMESTIC
 VIOLENCE, AN ORDER OF PROTECTION SHALL BE OBSERVED BY THE PETITIONER  OR
 RESPONDENT  FOR  A  PERIOD OF NO LESS THAN FIVE YEARS. Such an order may
 require any such person
   § 3. The opening paragraph of paragraph a of subdivision 3 of  section
 240 of the domestic relations law, as amended by chapter 526 of the laws
 of 2013, is amended to read as follows:
   The court may make an order of protection in assistance or as a condi-
 tion  of  any  other  order  made  under  this  section.    The order of
 protection may  set  forth  reasonable  conditions  of  behavior  to  be
 observed for a specified time by any party.  IN CASES INVOLVING DOMESTIC
 VIOLENCE,  AN  ORDER  OF PROTECTION SHALL BE OBSERVED FOR A PERIOD OF NO
 LESS THAN FIVE YEARS. Such an order may require any party:
   § 4. The opening paragraph of subdivision 5 of section 530.12  of  the
 criminal  procedure  law, as amended by chapter 240 of the laws of 2015,
 is amended to read as follows:
   Upon sentencing on a conviction for any  crime  or  violation  between
 spouses,  between  a  parent  and  child, or between members of the same
 family or household as defined in subdivision one of section  530.11  of
 this  article,  the  court  may  in  addition  to any other disposition,
 including a conditional discharge  or  youthful  offender  adjudication,
 enter  an order of protection. Where a temporary order of protection was
 issued, the court shall state on the record the reasons for  issuing  or
 not  issuing an order of protection. The duration of such an order shall
 be fixed by the court and: (A) in  the  case  of  a  felony  conviction,
 [shall  not  exceed  the  greater  of] BE NO LESS THAN:  (i) [eight] TEN
 years from the date of such sentencing,  [except]  INCLUDING  where  the
 sentence  is  or  includes a sentence of probation on a conviction for a
 felony sexual assault, as provided in subparagraph  (iii)  of  paragraph
 (a)  of  subdivision  three of section 65.00 of the penal law[, in which
 case, ten years from the date of such sentencing], or (ii)  [eight]  TEN
 years from the date of the expiration of the maximum term of an indeter-
 minate  or  the  term of a determinate sentence of imprisonment actually
 imposed; or (B) in the case of a conviction for a class  A  misdemeanor,
 shall  not  exceed  the greater of: (i) five years from the date of such
 sentencing, except where the sentence  is  or  includes  a  sentence  of
 probation  on a conviction for a misdemeanor sexual assault, as provided
 in subparagraph (ii) of paragraph (b) of subdivision  three  of  section
 65.00  of  the penal law, in which case, six years from the date of such
 sentencing, or (ii) five years from the date of the  expiration  of  the
 maximum term of a definite or intermittent term actually imposed; or (C)
 in  the case of a conviction for any other offense, shall not exceed the

 S. 1816                             3
 
 greater of: (i) two years from the date of sentencing, or (ii) two years
 from the date of the expiration of the maximum term  of  a  definite  or
 intermittent  term  actually  imposed.  For  purposes of determining the
 duration of an order of protection entered pursuant to this subdivision,
 a  conviction  shall  be  deemed  to  include a conviction that has been
 replaced by a youthful offender adjudication.  In addition to any  other
 conditions, such an order may require the defendant:
   §  5.  The opening paragraph of subdivision 5 of section 530.12 of the
 criminal procedure law, as amended by section 2 of chapter 9 of the laws
 of 2011, is amended to read as follows:
   Upon sentencing on a conviction for any  crime  or  violation  between
 spouses,  between  a  parent  and  child, or between members of the same
 family or household as defined in subdivision one of section  530.11  of
 this  article,  the  court  may  in  addition  to any other disposition,
 including a conditional discharge  or  youthful  offender  adjudication,
 enter  an order of protection. Where a temporary order of protection was
 issued, the court shall state on the record the reasons for  issuing  or
 not  issuing an order of protection. The duration of such an order shall
 be fixed by the court and, in the case of  a  felony  conviction,  shall
 [not  exceed the greater of] BE NO LESS THAN:  (i) [five] TEN years from
 the date of such sentencing, or (ii) [three] TEN years from the date  of
 the  expiration  of  the  maximum  term  of an indeterminate sentence of
 imprisonment actually imposed; or in the case  of  a  conviction  for  a
 class  A misdemeanor, shall not exceed three years from the date of such
 sentencing; or in the case of a conviction for any other offense,  shall
 not  exceed one year from the date of sentencing. For purposes of deter-
 mining the duration of an order of protection entered pursuant  to  this
 subdivision,  a  conviction shall be deemed to include a conviction that
 has been replaced by a youthful offender adjudication.  In  addition  to
 any other conditions, such an order may require the defendant:
   §  6. This act shall take effect immediately, provided that the amend-
 ments to the opening paragraph of subdivision 5 of section 530.12 of the
 criminal procedure law made by section four of this act shall be subject
 to the expiration and reversion of such opening  paragraph  pursuant  to
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section five of this act shall take effect.