senate Bill S7908

2021-2022 Legislative Session

Allows lifetime orders of protection in certain cases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 16, 2022 advanced to third reading
May 11, 2022 2nd report cal.
May 10, 2022 1st report cal.1296
Jan 19, 2022 referred to children and families

Votes

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May 10, 2022 - Children and Families committee Vote

S7908
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 10, 2022

Co-Sponsors

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S7908 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, add §530.13-a, CP L

S7908 (ACTIVE) - Summary

Allows lifetime orders of protection when the respondent is convicted of certain felonies or an attempt to commit such felonies.

S7908 (ACTIVE) - Sponsor Memo

S7908 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7908
 
                             I N  S E N A T E
 
                             January 19, 2022
                                ___________
 
 Introduced  by  Sens. PALUMBO, JORDAN -- 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 allowing
   lifetime orders of protection in certain cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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:  (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 (III) THE LIFETIME OF THE DEFENDANT
 OR THE VICTIM, WHICHEVER IS SHORTER, IN THE CASE OF A CONVICTION FOR ANY
 FELONY  UNDER  ARTICLE  ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE, ONE
 HUNDRED THIRTY,  ONE HUNDRED THIRTY-FIVE OR TWO HUNDRED  SIXTY-THREE  OR
 SECTION  255.25,  255.26  OR  255.27  OF THE PENAL LAW, OR AN ATTEMPT TO
 COMMIT ANY FELONY UNDER SUCH ARTICLES OR SECTIONS; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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