S T A T E O F N E W Y O R K
________________________________________________________________________
409
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
ARROYO, AUBRY, COOK, CRESPO, ENGLEBRIGHT, FINCH, GUNTHER, JAFFEE,
MAGNARELLI, ORTIZ, PERRY, RA, WEPRIN, ZEBROWSKI -- read once and
referred to the Committee on Judiciary
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01979-01-9
A. 409 2
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
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
A. 409 3
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
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 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.