Bill S6070B-2009

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense

Provides clarification to determine the expiration date of an order of protection issued in relation to a family offense.

Details

Actions

  • May 26, 2010: SUBSTITUTED BY A8807B
  • May 25, 2010: ADVANCED TO THIRD READING
  • May 24, 2010: 2ND REPORT CAL.
  • May 18, 2010: 1ST REPORT CAL.585
  • Apr 7, 2010: REPORTED AND COMMITTED TO CODES
  • Mar 2, 2010: PRINT NUMBER 6070B
  • Mar 2, 2010: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • Feb 5, 2010: PRINT NUMBER 6070A
  • Feb 5, 2010: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • Jan 6, 2010: REFERRED TO CHILDREN AND FAMILIES
  • Jun 29, 2009: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Apr 7, 2010
Ayes (6): Montgomery, Schneiderman, Huntley, Duane, McDonald, Marcellino

Memo

 BILL NUMBER:  S6070B

TITLE OF BILL : An act to amend the criminal procedure law, in relation to determining the expiration date of an order of protection

PURPOSE : This bill amends certain sections of the criminal procedure law with respect to entering an order of protection upon sentencing.

SUMMARY OF PROVISIONS : Sections 1 through 4 amend the Criminal Procedure Law by allowing for the entering of an order of protection upon sentencing on a conviction of any crime or violation between spouses, between parent and child or between members of the same family or household.

Section 5 establishes the effective date on the thirtieth day after it shall have become law.

JUSTIFICATION : A final order of protection is intended to provide protection to a victim or witness during the period following disposition of the case, when the defendant may no longer be subject to a temporary order of protection issued as a condition of bail or recognizance. As the defendant is may lawfully be subject to a temporary order of protection right up to the date of sentencing, it serves the victim's best interest to have the final order begin at sentencing rather than conviction which may allow for an extended period in which the order is valid. Additionally this bill allows that a final order of protection may be issued for any crime or violation between "members of the same family or household" as defined in subdivision one of section 530.11 of the CPL. This definition includes former spouses, those who have never been married but have a child in common and those who have been in an intimate relationship. Expanding the definition for the purposes of a final order provides more victims with protection under this statute.

LEGISLATIVE HISTORY : S.4693 2007-08 Passed Senate

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect 30 days after becoming law, and would apply to all criminal actions whenever commenced provided sentence therein has not been imposed prior to such effective date.

Text

STATE OF NEW YORK ________________________________________________________________________ 6070--B 2009-2010 Regular Sessions IN SENATE June 29, 2009 ___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to determining the expiration date of an order of protection 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 476 of the laws of 2009, is amended to read as follows: Upon SENTENCING ON A conviction [of] 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 [conviction] SENTENCING, or (ii) eight years from the date of the expi- ration of the maximum term of an indeterminate or the term of a determi- nate 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 [conviction] 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 [conviction] 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 the defendant: S 2. The opening paragraph of subdivision 5 of section 530.12 of the criminal procedure law, as amended by chapter 384 of the laws of 2001, is amended to read as follows: Upon SENTENCING ON A conviction [of] 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 [conviction] 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 [conviction] SENTENCING; or in the case of a conviction for any other offense, shall not exceed one year from the date of [conviction] SENTENCING. 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. In addition to any other conditions, such an order may require the defendant: S 3. The opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: Upon SENTENCING ON A conviction [of] 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 [conviction] SENTENCING, or (ii) eight years from the date of the expi- ration of the maximum term of an indeterminate or the term of a determi- nate 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 [conviction] 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 [conviction] 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: S 4. The opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law, as amended by chapter 384 of the laws of 2001, is amended to read as follows: Upon SENTENCING ON A conviction [of] 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, in the case of a felony conviction, shall not exceed the greater of: (i) five years from the date of such [conviction] 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 [conviction] SENTENCING; or in the case of a conviction for any other offense, shall not exceed one year from the date of [conviction] SENTENCING. 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. In addition to any other conditions such an order may require that the defendant: S 5. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all criminal actions whenever commenced provided sentence therein has not been imposed prior to such effective date; provided, however, that the amendments to the opening paragraph of subdivision 5 of section 530.12 and the opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law made by sections one and three of this act shall be subject to the expiration and reversion of such paragraphs pursuant to chapter 3 of the laws of 1995, as amended, when upon such date the provisions of sections two and four of this act shall take effect.

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