NY State Senate Bill 2025-S7360

Current Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2025	referred to codes

2025-S7360 (ACTIVE) - Details

See Assembly Version of this Bill:: A5895
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.13, CP L

2025-S7360 (ACTIVE) - Summary

Provides for orders of protection for harassment.

2025-S7360 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7360

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to orders of
protection for harassment

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize criminal court to issue an order of protection for harass-
ment in the second degree or any other penal law violation with a victim

 
SUMMARY OF PROVISIONS:

Section 1 modifies Criminal Procedure Law § 530.13(1) to include penal
law violations in offenses qualifying for a temporary order of
protection.

Sections 2 and 3 modify Criminal Procedure Law § 530.13(4) to include
penal law violations in offenses qualifying for an order of protection.

Section 4 provides an effective date.

 
JUSTIFICATION:

Harassment in the Second Degree is a Penal Law violation in which a
person who intends to harass, annoy or alarm another person shoves,
hits, or kicks the other person or threatens to shove, hit or kick them,
follows the person in a public place, or engages in a course of conduct
or repeatedly commits acts which alarm or seriously annoy the other
person without serving'any legitimate purpose. Examples of Harassment in
the Second Degree include intentionally attempting to annoy or alarm
someone by sending a series of unwanted text messages, repeatedly making
unwanted phone calls in the middle of the night, threatening to punch
someone, or following someone around town.

In family court, a victim may obtain an order of protection against
someone in their family who has committed Harassment in the Second
Degree but in criminal court no such order of protection is currently
available against a non-family member, because Harassment in the Second
Degree is a violation rather than a misdemeanor or felony. This bill
would allow a victim of Harassment in the Second Degree, or a victim of
any other violation under New York's penal laws, to obtain an order of
protection against a non-family member in criminal court, restraining
them from further harassing behavior.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect one hundred twenty days after it shall have
become a law

2025-S7360 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7360
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to orders of
   protection for harassment
 
   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 1 of section 530.13 of
 the  criminal  procedure  law,  as  amended by section 14 of part JJJ of
 chapter 59 of the laws of 2019, is amended to read as follows:
   When any criminal action is pending INVOLVING ANY CRIME OR  VIOLATION,
 and the court has not issued a temporary order of protection pursuant to
 section  530.12  of  this  article,  the court, in addition to the other
 powers conferred upon it by this chapter, may for good cause shown issue
 a temporary order of protection in conjunction with any  securing  order
 or  an  adjournment  in  contemplation  of dismissal. In addition to any
 other conditions, such an order may require that the defendant:
   § 2. 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 CRIMINAL offense OR VIOLATION,
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07765-01-5

 S. 7360                             2
 
 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 para-
 graph (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 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.    In  addition  to any other conditions such an
 order may require that the defendant:
   § 3. The opening paragraph of subdivision 4 of section 530.13  of  the
 criminal  procedure law, as amended by chapter 9 of the laws of 2011, is
 amended to read as follows:
   Upon sentencing on a conviction for any CRIMINAL offense OR VIOLATION,
 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 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  expi-
 ration  of the maximum term of an indeterminate sentence of imprisonment
 actually imposed; or in the case of a conviction for a class A misdemea-
 nor, 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  dura-
 tion  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. In addition to any other
 conditions such an order may require that the defendant:
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided that the amendments to the  opening
 paragraph  of  subdivision 4 of section 530.13 of the criminal procedure
 law made by section two of this act shall be subject to  the  expiration
 and reversion of such subdivision pursuant to section 74 of chapter 3 of
 the  laws  of  1995,  as  amended, when upon such date the provisions of
 section three of this act shall take effect.

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Senate Bill S7360

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Actions

2025-S7360 (ACTIVE) - Details

2025-S7360 (ACTIVE) - Summary

2025-S7360 (ACTIVE) - Sponsor Memo

2025-S7360 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Codes Committee

Actions

2025-S7360 (ACTIVE) - Details

2025-S7360 (ACTIVE) - Summary

2025-S7360 (ACTIVE) - Sponsor Memo

2025-S7360 (ACTIVE) - Bill Text download pdf

Comments