S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5740
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of A. GIGLIO, BARCLAY, FINCH, GOODELL, HAWLEY, KOLB,
   LAWRENCE, McDONOUGH, B. MILLER, MORINELLO, PALMESANO, REILLY,  SAYEGH,
   TAGUE -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the family court act and the criminal procedure law, in
   relation to extensions of orders of protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 154-c of the family court act, as
 added by chapter 186 of the laws of 1997, is amended to read as follows:
   1. Expiration dates AND EXTENSIONS.  (A) Any order  of  protection  or
 temporary  order of protection issued under articles four, five, six and
 eight of this act shall plainly state the date that such order expires.
   (B) ANY ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION  ISSUED
 UNDER  THIS ACT SHALL BE EXTENDED FOR UP TO TWO YEARS PAST THE DATE THAT
 SUCH ORDER EXPIRES IF THE COURT FINDS AN EXTREME CASE FOR SUCH EXTENSION
 AND STATES ON THE RECORD THE REASONS FOR THE EXTENSION. FOR PURPOSES  OF
 THIS  PARAGRAPH,  "EXTREME  CASE"  SHALL  MEAN A   THREAT OF HARM TO THE
 PROTECTED PARTY CONTINUES; RESPONDENT HAS BEEN FOUND GUILTY OF  REPEATED
 CRIMINAL CONTEMPT DUE TO A VIOLATION OF AN ORDER OF PROTECTION; RESPOND-
 ENT  HAS  CONTINUED  TO  EXPRESS INTENT TO COMMIT HARM TO, INTIMIDATE OR
 THREATEN THE PROTECTED PARTY.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06939-01-9

 A. 5740                             2
 
 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:  (i)  eight  years  from  the  date  of  such
 sentencing,  except  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 years from the date of the expiration of the
 maximum term of an indeterminate 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 sexu-
 al  assault, as provided in subparagraph (ii) of paragraph (b) of subdi-
 vision 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 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.
 ANY ORDER OF PROTECTION  ENTERED  PURSUANT  TO  THIS  SECTION  SHALL  BE
 EXTENDED  FOR  UP  TO TWO YEARS PAST THE DATE THAT SUCH ORDER EXPIRES IF
 THE COURT FINDS AN EXTREME CASE FOR SUCH EXTENSION  AND  STATES  ON  THE
 RECORD  THE  REASONS  FOR THE EXTENSION. FOR PURPOSES OF THIS PARAGRAPH,
 "EXTREME CASE" SHALL MEAN A  THREAT  OF  HARM  TO  THE  PROTECTED  PARTY
 CONTINUES; DEFENDANT HAS BEEN FOUND GUILTY OF REPEATED CRIMINAL CONTEMPT
 DUE TO A VIOLATION OF AN ORDER OF PROTECTION; DEFENDANT HAS CONTINUED TO
 EXPRESS  INTENT  TO COMMIT HARM TO, INTIMIDATE OR THREATEN THE PROTECTED
 PARTY. In addition to any other conditions, such an  order  may  require
 the defendant:
   §  3.  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: (i) five years from the date of such  sentencing,
 or  (ii) three 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  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. ANY ORDER OF PROTECTION ENTERED PURSUANT TO  THIS

 A. 5740                             3
 
 SECTION  SHALL  BE  EXTENDED FOR UP TO TWO YEARS PAST THE DATE THAT SUCH
 ORDER EXPIRES IF THE COURT FINDS AN EXTREME CASE FOR SUCH EXTENSION  AND
 STATES ON THE RECORD THE REASONS FOR THE EXTENSION. FOR PURPOSES OF THIS
 PARAGRAPH,  "EXTREME  CASE" SHALL MEAN A THREAT OF HARM TO THE PROTECTED
 PARTY CONTINUES; DEFENDANT HAS BEEN FOUND GUILTY  OF  REPEATED  CRIMINAL
 CONTEMPT  DUE  TO  A  VIOLATION OF AN ORDER OF PROTECTION; DEFENDANT HAS
 CONTINUED TO EXPRESS INTENT TO COMMIT HARM TO,  INTIMIDATE  OR  THREATEN
 THE  PROTECTED PARTY. In addition to any other conditions, such an order
 may require the defendant:
   § 4. The opening paragraph of subdivision 4 of section 530.13  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 offense, where the  court  has
 not  issued  an  order  of protection pursuant to section 530.12 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 issu-
 ing 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: (i) eight years from the date of such sentencing,
 except 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 years from the date of the expiration of the maximum term of
 an indeterminate 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 expira-
 tion 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  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. ANY ORDER OF
 PROTECTION ENTERED PURSUANT TO THIS SECTION SHALL BE EXTENDED FOR UP  TO
 TWO  YEARS  PAST  THE DATE THAT SUCH ORDER EXPIRES IF THE COURT FINDS AN
 EXTREME CASE FOR SUCH EXTENSION AND STATES ON THE RECORD THE REASONS FOR
 THE EXTENSION. FOR PURPOSES OF THIS PARAGRAPH, "EXTREME CASE" SHALL MEAN
 A THREAT OF HARM TO THE PROTECTED PARTY CONTINUES;  DEFENDANT  HAS  BEEN
 FOUND  GUILTY  OF  REPEATED  CRIMINAL  CONTEMPT DUE TO A VIOLATION OF AN
 ORDER OF PROTECTION; DEFENDANT HAS CONTINUED TO EXPRESS INTENT TO COMMIT
 HARM TO, INTIMIDATE OR THREATEN THE PROTECTED PARTY. In addition to  any
 other conditions such an order may require that the defendant:
   §  5.  The opening paragraph of subdivision 4 of section 530.13 of the
 criminal procedure law, as amended by section 4 of chapter 9 of the laws
 of 2011, is amended to read as follows:
   Upon sentencing on a conviction for any offense, where the  court  has
 not  issued  an  order  of protection pursuant to section 530.12 of this

 A. 5740                             4
 
 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 issu-
 ing 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: (i) five years from the date of such sentencing, or (ii)
 three 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 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 adju-
 dication. ANY ORDER OF PROTECTION ENTERED PURSUANT TO THIS SECTION SHALL
 BE EXTENDED FOR UP TO TWO YEARS PAST THE DATE THAT SUCH ORDER EXPIRES IF
 THE COURT FINDS AN EXTREME CASE FOR SUCH EXTENSION  AND  STATES  ON  THE
 RECORD  THE  REASONS  FOR THE EXTENSION. FOR PURPOSES OF THIS PARAGRAPH,
 "EXTREME CASE" SHALL MEAN A  THREAT  OF  HARM  TO  THE  PROTECTED  PARTY
 CONTINUES; DEFENDANT HAS BEEN FOUND GUILTY OF REPEATED CRIMINAL CONTEMPT
 DUE TO A VIOLATION OF AN ORDER OF PROTECTION; DEFENDANT HAS CONTINUED TO
 EXPRESS  INTENT  TO COMMIT HARM TO, INTIMIDATE OR THREATEN THE PROTECTED
 PARTY. In addition to any other conditions such  an  order  may  require
 that the defendant:
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the amendments to the opening paragraph
 of subdivision 5 of section 530.12 of the criminal procedure  law,  made
 by  section two of this act, and the amendments to the opening paragraph
 of subdivision 4 of section 530.13 of the criminal procedure  law,  made
 by  section  four  of  this  act, shall be subject to the expiration and
 reversion of such paragraphs pursuant to subdivision d of section 74  of
 chapter  3  of  the  laws  of  1995, as amended, when upon such date the
 provisions of sections three and five of this act shall take effect.