LBD11972-01-7
S. 7880 2
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.
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
S. 7880 3
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
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-
S. 7880 4
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-
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
S. 7880 5
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.
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
S. 7880 6
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
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.
S. 7880 7
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
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.
S. 7880 8
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
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
S. 7880 9
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.
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
S. 7880 10
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
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
S. 7880 11
(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
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
S. 7880 12
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
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
S. 7880 13
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.