A. 4042 2
conviction that has been replaced by a youthful offender adjudication.
IF THE COURT FINDS THAT AGGRAVATING CIRCUMSTANCES AS DEFINED IN SUBDIVI-
SION FIVE-A OF THIS SECTION EXIST, THE COURT MAY ENTER AN ORDER OF
PROTECTION FOR A FIXED PERIOD OF TIME IN EXCESS OF THE RELEVANT TERMS
SET FORTH ABOVE, OR MAY ENTER A PERMANENT ORDER OF PROTECTION. THE
COURT'S FINDING OF AGGRAVATING CIRCUMSTANCES SHALL BE STATED UPON THE
ORDER OF PROTECTION. 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 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deemed to include a conviction that has been replaced by a youthful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. IF THE COURT FINDS THAT AGGRAVATING CIRCUM-
STANCES AS DEFINED IN SUBDIVISION FIVE-A OF THIS SECTION EXIST, THE
COURT MAY ENTER AN ORDER OF PROTECTION FOR A FIXED PERIOD OF TIME IN
EXCESS OF THE RELEVANT TERMS SET FORTH ABOVE, OR MAY ENTER A PERMANENT
ORDER OF PROTECTION. THE COURT'S FINDING OF AGGRAVATING CIRCUMSTANCES
SHALL BE STATED UPON THE ORDER OF PROTECTION. In addition to any other
conditions, such an order may require the defendant:
S 3. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 5-a to read as follows:
5-A. FOR THE PURPOSES OF SUBDIVISION FIVE OF THIS SECTION, "AGGRAVAT-
ING CIRCUMSTANCES" SHALL MEAN PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY
TO THE COMPLAINANT CAUSED BY THE DEFENDANT, THE USE OF A DANGEROUS
INSTRUMENT AGAINST THE COMPLAINANT BY THE DEFENDANT, A HISTORY OF
REPEATED VIOLATIONS OF PRIOR ORDERS OF PROTECTION BY THE DEFENDANT,
PRIOR CONVICTIONS FOR CRIMES AGAINST THE COMPLAINANT BY THE DEFENDANT OR
THE EXPOSURE OF ANY FAMILY OR HOUSEHOLD MEMBER TO PHYSICAL INJURY BY THE
DEFENDANT, AND LIKE INCIDENTS, BEHAVIORS, AND OCCURRENCES WHICH TO THE
COURT CONSTITUTE AN IMMEDIATE AND ONGOING DANGER TO THE COMPLAINANT OR
ANY MEMBER OF THE COMPLAINANT'S FAMILY OR HOUSEHOLD.
S 4. The closing paragraph of subdivision 6 of section 530.12 of the
criminal procedure law, as amended by chapter 480 of the laws of 2013,
is amended to read as follows:
[Such] WHEN AN ORDER OF PROTECTION IS OF FIXED DURATION, THE order of
protection shall plainly state the date that such order expires AND
WHERE THE ORDER IS OF PERMANENT DURATION, THE ORDER SHALL CLEARLY SO
STATE.
A. 4042 3
S 5. Subdivision 15 of section 530.12 of the criminal procedure law,
as amended by chapter 186 of the laws of 1997, is amended to read as
follows:
15. Any motion to vacate or modify an order of protection, INCLUDING A
PERMANENT ORDER OF PROTECTION, or A temporary order of protection shall
be MADE on notice to the non-moving party, except as provided in subdi-
vision three-b of this section.
S 6. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by section 3 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
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,
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 imprison-
ment 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, 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. IF THE COURT
FINDS THAT AGGRAVATING CIRCUMSTANCES AS DEFINED IN SUBDIVISION FOUR-A OF
THIS SECTION EXIST, THE COURT MAY ENTER AN ORDER OF PROTECTION FOR A
FIXED PERIOD OF TIME IN EXCESS OF THE RELEVANT TERMS SET FORTH ABOVE, OR
MAY ENTER A PERMANENT ORDER OF PROTECTION. THE COURT'S FINDING OF AGGRA-
VATING CIRCUMSTANCES SHALL BE STATED UPON THE ORDER OF PROTECTION. In
addition to any other conditions such an order may require that the
defendant:
S 7. 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
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.
A. 4042 4
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. IF THE COURT FINDS THAT AGGRAVATING CIRCUMSTANCES AS DEFINED
IN SUBDIVISION FOUR-A OF THIS SECTION EXIST, THE COURT MAY ENTER AN
ORDER OF PROTECTION FOR A FIXED PERIOD OF TIME IN EXCESS OF THE RELEVANT
TERMS SET FORTH ABOVE, OR MAY ENTER A PERMANENT ORDER OF PROTECTION. THE
COURT'S FINDING OF AGGRAVATING CIRCUMSTANCES SHALL BE STATED UPON THE
ORDER OF PROTECTION. In addition to any other conditions such an order
may require that the defendant:
S 8. Section 530.13 of the criminal procedure law is amended by adding
two new subdivisions 4-a and 10 to read as follows:
4-A. FOR THE PURPOSES OF SUBDIVISION FOUR OF THIS SECTION, "AGGRAVAT-
ING CIRCUMSTANCES" SHALL MEAN PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY
TO THE VICTIM CAUSED BY THE DEFENDANT, THE USE OF A DANGEROUS INSTRUMENT
AGAINST THE VICTIM BY THE DEFENDANT, A HISTORY OF REPEATED VIOLATIONS OF
PRIOR ORDERS OF PROTECTION BY THE DEFENDANT, PRIOR CONVICTIONS FOR
CRIMES AGAINST THE VICTIM BY THE DEFENDANT OR THE EXPOSURE OF ANY FAMILY
OR HOUSEHOLD MEMBER TO PHYSICAL INJURY BY THE DEFENDANT, AND LIKE INCI-
DENTS, BEHAVIORS, AND OCCURRENCES WHICH TO THE COURT CONSTITUTE AN IMME-
DIATE AND ONGOING DANGER TO THE VICTIM, OR ANY MEMBER OF THE VICTIM'S
FAMILY OR HOUSEHOLD.
10. ANY MOTION TO VACATE OR MODIFY AN ORDER OF PROTECTION, INCLUDING A
PERMANENT ORDER OF PROTECTION, OR A TEMPORARY ORDER OF PROTECTION SHALL
BE MADE ON NOTICE TO THE NON-MOVING PARTY.
S 9. Section 842 of the family court act, as amended by chapter 526 of
the laws of 2013, and the closing paragraph as added by chapter 480 of
the laws of 2013, is amended to read as follows:
S 842. Order of protection. An order of protection under section
eight hundred forty-one of this part shall set forth reasonable condi-
tions of behavior to be observed for a period not in excess of two years
by the petitioner or respondent or for a period not in excess of five
years upon (i) a finding by the court on the record of the existence of
aggravating circumstances as defined in paragraph (vii) of subdivision
(a) of section eight hundred twenty-seven of this article, THE COURT MAY
ISSUE AN ORDER OF PROTECTION FOR A FIXED PERIOD IN EXCESS OF ONE YEAR OR
A PERMANENT ORDER OF PROTECTION; or (ii) a finding by the court on the
record that the conduct alleged in the petition is in violation of a
valid order of protection. Any finding of aggravating circumstances
pursuant to this section shall be stated on the record and upon the
order of protection. The court may also, upon motion, extend the order
of protection for a reasonable period of time upon a showing of good
cause or consent of the parties. The fact that abuse has not occurred
during the pendency of an order shall not, in itself, constitute suffi-
cient ground for denying or failing to extend the order. The court must
articulate a basis for its decision on the record. The duration of any
temporary order shall not by itself be a factor in determining the
length or issuance of any final order. Any order of protection issued
pursuant to this section shall specify if an order of probation is in
effect. Any order of protection issued pursuant to this section may
require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other spouse, the other parent, or the
child, and to stay away from any other specific location designated by
the court, provided that the court shall make a determination, and shall
state such determination in a written decision or on the record, whether
A. 4042 5
to impose a condition pursuant to this subdivision, provided further,
however, that failure to make such a determination shall not affect the
validity of such order of protection. In making such determination, the
court shall consider, but shall not be limited to consideration of,
whether the order of protection is likely to achieve its purpose in the
absence of such a condition, conduct subject to prior orders of
protection, prior incidents of abuse, extent of past or present injury,
threats, drug or alcohol abuse, and access to weapons;
(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other parent or against any
person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this act
or the domestic relations law;
(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
(f) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced;
(g) to require the respondent to participate in a batterer's education
program designed to help end violent behavior, which may include refer-
ral to drug and alcohol counselling, and to pay the costs thereof if the
person has the means to do so, provided however that nothing contained
herein shall be deemed to require payment of the costs of any such
program by the petitioner, the state or any political subdivision there-
of;
(h) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;
(i) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the petitioner or a minor child
residing in the household.
2. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;
(j) 1. to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
2. For purposes of this subdivision, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health insur-
ance or other benefits card, a card or document used to access bank,
credit or other financial accounts or records, tax returns, any driver's
license, and immigration documents including but not limited to a United
A. 4042 6
States permanent resident card and employment authorization document;
and (B) upon motion and after notice and an opportunity to be heard, any
of the following, including those that may reflect joint use or owner-
ship, that the court determines are necessary and are appropriately
transferred to the protected party: any card or document used to access
bank, credit or other financial accounts or records, tax returns, and
any other identifying cards and documents; and
(k) to observe such other conditions as are necessary to further the
purposes of protection.
The court may also award custody of the child, during the term of the
order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to an institution
or agency.
Notwithstanding the provisions of section eight hundred seventeen of
this article, where a temporary order of child support has not already
been issued, the court may in addition to the issuance of an order of
protection pursuant to this section, issue an order for temporary child
support in an amount sufficient to meet the needs of the child, without
a showing of immediate or emergency need. The court shall make an order
for temporary child support notwithstanding that information with
respect to income and assets of the respondent may be unavailable. Where
such information is available, the court may make an award for temporary
child support pursuant to the formula set forth in subdivision one of
section four hundred thirteen of this act. Temporary orders of support
issued pursuant to this article shall be deemed to have been issued
pursuant to section four hundred thirteen of this act.
Upon making an order for temporary child support pursuant to this
subdivision, the court shall advise the petitioner of the availability
of child support enforcement services by the support collection unit of
the local department of social services, to enforce the temporary order
and to assist in securing continued child support, and shall set the
support matter down for further proceedings in accordance with article
four of this act.
Where the court determines that the respondent has employer-provided
medical insurance, the court may further direct, as part of an order of
temporary support under this subdivision, that a medical support
execution be issued and served upon the respondent's employer as
provided for in section fifty-two hundred forty-one of the civil prac-
tice law and rules.
In any proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk
of the court shall issue to the petitioner and respondent and his coun-
sel and to any other person affected by the order a copy of the order of
protection or temporary order of protection and ensure that a copy of
the order of protection or temporary order of protection be transmitted
to the local correctional facility where the individual is or will be
detained, the state or local correctional facility where the individual
is or will be imprisoned, and the supervising probation department or
the department of corrections and community supervision where the indi-
vidual is under probation or parole supervision.
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
A. 4042 7
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this article.
In addition to the foregoing provisions, the court may issue an order,
pursuant to section two hundred twenty-seven-c of the real property law,
authorizing the party for whose benefit any order of protection has been
issued to terminate a lease or rental agreement pursuant to section two
hundred twenty-seven-c of the real property law.
The protected party in whose favor the order of protection or tempo-
rary order of protection is issued may not be held to violate an order
issued in his or her favor nor may such protected party be arrested for
violating such order.
ANY MOTION TO VACATE OR MODIFY AN ORDER OF PROTECTION, INCLUDING A
PERMANENT ORDER OF PROTECTION, OR A TEMPORARY ORDER OF PROTECTION SHALL
BE MADE ON NOTICE TO THE NON-MOVING PARTY.
S 10. This act shall take effect immediately, provided that the amend-
ments 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 six, respectively, of this act
shall be subject to the expiration and reversion of such subdivisions
pursuant to section 74 of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of sections two and seven of this act
shall take effect.