S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5151
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- 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
 not issuing an order of protection. The duration of such an order  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09951-01-3
              

 A. 5151                             2
 
 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
 SECTION SHALL BE EXTENDED FOR UP TO TWO YEARS PAST THE  DATE  THAT  SUCH
 A. 5151                             3
 
 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
 article,  the court may, in addition to any other disposition, including
 A. 5151                             4
 
 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.