S T A T E O F N E W Y O R K
________________________________________________________________________
5630
2025-2026 Regular Sessions
I N A S S E M B L Y
February 18, 2025
___________
Introduced by M. of A. SEMPOLINSKI -- 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 402 of the laws of 2023, is amended to read as follows:
1. Expiration dates AND EXTENSIONS. (A) Any order of protection or
temporary order of protection issued under articles three, four, five,
six, seven, eight, ten and ten-A 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.
LBD08561-01-5
A. 5630 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. 5630 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. 5630 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.