Provides a mandatory jail sentence of thirty days for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants.

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S2243-2013 Actions

• May 20, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 15, 2013: REFERRED TO CHILDREN AND FAMILIES

S2243-2013 Meetings

Children and Families: May 20, 2013

S2243-2013 Votes

S2243-2013 Memo

BILL NUMBER:S2243               REVISED 1/28/13

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to orders of protection
for family and non-family offenses

PURPOSE:
The purpose of this bill is to increase public safety by improving the
effectiveness of protection orders.

SUMMARY OF PROVISIONS:

Section one amends Criminal Procedure Law section 530.12(11) to
require that any sentence imposed by a court fox violating an order
of protection issued pursuant to section 530.12, or by a Court of
competent jurisdiction in another State, territorial or tribal
jurisdiction, must be for a period of at least 30 days.

Section two amends Criminal Procedure Law section 530.12 by adding a
new subdivision 11-a requiring the Court to order the attachment of a
global positioning system (ankle bracelet) for repeat offenders of
Penal Law Part 3, Title H who are also found to have violated this
section. This penalty is in addition to the penalty that the Court
imposes pursuant to subdivision 11.

Section three amends Criminal Procedure Law section 530.13(8) to
require that any sentence imposed by a court for violating an order
of protection issued pursuant to section 530.13 must be for a period
of at least 30 days.

Section four amends Criminal Procedure Law section 530.13 to renumber
subdivision 9 as subdivision 10 and add a new subdivision 9 requiring
the Court to order the attachment of a global positioning system
(ankle bracelet) for repeat offenders of Penal Law Part 3, Title H
who are found to have violated this section. This penalty is in
addition to the penalty that the Court imposes pursuant to
subdivision 8.

Section five provides that this act shall take effect on the sixtieth
day after it shall have become a law.

EXISTING LAW:
Current law neither provides fox minimum prison sentences for
violations of protection orders nor requires the use of global
positioning systems as described in this bill.

JUSTIFICATION:
Orders of protection were created to provide a level of safety from an
individual that poses a risk of harm to another. Sadly, there have
been a string of cases in recent years in which orders of protection
did not prevent victims from serious harm or death. In 2010, Qian Wu,
a 46 year-old woman from Queens, had nine orders of protection
against an acquaintance, yet was stabbed to death by him outside her
home. In numerous instances, she asked for further assistance, but


the repeat offender remained loose to stalk and harass her and
violate his orders of protection.

It is possible for individuals to continually violate orders of
protection and never serve any jail time. This bill would remedy that
situation.

LEGISLATIVE HISTORY:
2011-2: S.4259 - Referred to Children and Families 2010: 5.6865 -
Referred to Codes

FISCAL IMPLICATIONS:
To be determined

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S2243-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2243

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 15, 2013
                                 ___________

  Introduced  by  Sen.  GOLDEN -- 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  orders  of
    protection for family and non-family offenses

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Subdivision 11 of section 530.12 of the criminal procedure
  law, as amended by chapter 498 of the laws of 1993,  the  opening  para-
  graph  as  amended  by chapter 597 of the laws of 1998, paragraph (a) as
  amended by chapter 222 of the laws of 1994 and paragraph (d) as  amended
  by chapter 644 of the laws of 1996, is amended to read as follows:

    11. If a defendant is brought before the court for failure to obey any
  lawful order issued under this section, or an order of protection issued
  by  a  court  of competent jurisdiction in another state, territorial or
  tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
  competent proof that the defendant has willfully failed to obey any such
  order, the court [may] SHALL:

    (a)  revoke  an  order  of  recognizance or revoke an order of bail or
  order forfeiture of such bail and commit the defendant to custody FOR  A
  MINIMUM PERIOD OF THIRTY DAYS; or
    (b)  restore  the case to the calendar when there has been an adjourn-
  ment in contemplation of dismissal and commit the defendant  to  custody
  FOR A MINIMUM PERIOD OF THIRTY DAYS; or
    (c)  revoke  a conditional discharge in accordance with section 410.70
  of this chapter and impose probation supervision or impose a sentence of
  imprisonment in accordance with the penal  law  based  on  the  original
  conviction FOR A MINIMUM PERIOD OF THIRTY DAYS; or
    (d) revoke probation in accordance with section 410.70 of this chapter
  and  impose  a sentence of imprisonment in accordance with the penal law
  based on the original conviction FOR A MINIMUM PERIOD OF THIRTY DAYS. In
  addition, if the act which constitutes the violation  of  the  order  of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03018-01-3

 S. 2243                             2

  protection  or  temporary  order of protection is a crime or a violation
  the defendant may be charged with and tried for that crime or violation.
    S 2. Section 530.12 of the criminal procedure law is amended by adding
  a new subdivision 11-a to read as follows:

    11-A.  IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ELEVEN OF
  THIS SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE
  SET  FORTH  IN  TITLE  H OF PART THREE OF THE PENAL LAW, THE COURT SHALL
  ORDER THAT THE DEFENDANT BE EQUIPPED WITH A  GLOBAL  POSITIONING  SYSTEM
  DEVICE  WHICH  SHALL  RELIABLY MONITOR, TRACK AND LOCATE THE POSITION OF
  SUCH DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL  POSI-
  TIONING DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER OF PROTECTION OR
  ANY RENEWAL THEREOF.
    S 3. Subdivision 8 of section 530.13 of the criminal procedure law, as
  added by chapter 388 of the laws of 1984, is amended to read as follows:

    8.  If a defendant is brought before the court for failure to obey any
  lawful order issued under this section and if, after hearing, the  court
  is  satisfied by competent proof that the defendant has willfully failed
  to obey any such order, the court [may] SHALL:

    (a) revoke an order of recognizance or bail and commit  the  defendant
  to custody FOR A MINIMUM PERIOD OF THIRTY DAYS; or
    (b)  restore  the case to the calendar when there has been an adjourn-
  ment in contemplation of dismissal and commit the defendant  to  custody
  [or  impose  or  increase  bail pending a trial of the original crime or
  violation] FOR A MINIMUM PERIOD OF THIRTY DAYS; or
    (c) revoke a conditional discharge in accordance with  section  410.70
  of  this chapter and [impose probation supervision or] impose a sentence
  of imprisonment in accordance with the penal law based on  the  original
  conviction WHICH SHALL BE FOR A MINIMUM PERIOD OF THIRTY DAYS; or
    (d) revoke probation in accordance with section 410.70 of this chapter
  and  impose  a sentence of imprisonment in accordance with the penal law
  based on the original conviction WHICH SHALL BE FOR A MINIMUM PERIOD  OF
  THIRTY DAYS.  In addition, if the act which constitutes the violation of
  the order of protection or temporary order of protection is a crime or a
  violation  the defendant may be charged with and tried for that crime or
  violation.
    S 4. Subdivision 9 of section 530.13 of the criminal procedure law, as
  renumbered by chapter 388 of the laws of 1984, is renumbered subdivision
  10 and a new subdivision 9 is added to read as follows:

    9. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION EIGHT OF THIS
  SECTION, IF A DEFENDANT HAS BEEN PREVIOUSLY CONVICTED OF AN OFFENSE  SET
  FORTH  IN  TITLE H OF PART THREE OF THE PENAL LAW, THE COURT SHALL ORDER
  THAT THE DEFENDANT BE EQUIPPED WITH A GLOBAL POSITIONING  SYSTEM  DEVICE
  WHICH  SHALL  RELIABLY  MONITOR,  TRACK  AND LOCATE THE POSITION OF SUCH
  DEFENDANT. SUCH DEFENDANT SHALL BE EQUIPPED WITH SUCH GLOBAL POSITIONING
  DEVICE FOR THE DURATION OF SUCH TEMPORARY ORDER  OF  PROTECTION  OR  ANY
  RENEWAL THEREOF.
    S  5.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.