Bill S2243-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to codes
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1237
  • Jun 11, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 20, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 15, 2013: REFERRED TO CHILDREN AND FAMILIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Children and Families - May 20, 2013
Ayes (6): Felder, Bonacic, Savino, Young, Montgomery, Tkaczyk

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2243 2013-2014 Regular Sessions IN 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
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.

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