Senate Bill S2275

2023-2024 Legislative Session

Allows lifetime orders of protection in certain cases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S2275 (ACTIVE) - Details

See Assembly Version of this Bill:
A6395
Current Committee:
Senate Children And Families
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, add §530.13-a, CP L
Versions Introduced in 2021-2022 Legislative Session:
S7908

2023-S2275 (ACTIVE) - Summary

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

2023-S2275 (ACTIVE) - Sponsor Memo

2023-S2275 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2275
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced by Sens. PALUMBO, BORRELLO, MATTERA, OBERACKER, ORTT, WEIK --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06755-01-3
              

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