NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7231
SPONSOR: Simon (MS) TITLE OF BILL:
An act to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to orders of protection in cases
involving domestic violence
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the "Domestic Violence Reform Act" and extends the period of time
for orders of protection in cases of domestic violence to five years for
family court and ten years for criminal court.
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 842 of the family court act, subdivision 1 of
section 1056 of the family court act and subdivision 3 of section 240 of
the domestic relations law to extend the order of protection to a period
of no less than five years in cases involving domestic violence. The
bill also amends subdivision 5 of section 530.12 of the criminal proce-
dure law to extend the order of protection to a period of no less than
ten years in cases involving domestic violence.
JUSTIFICATION:
In order to ensure the safety of victims of domestic violence, it is
critical that restraining orders are structured to provide sufficient
security in terms of the time protected. In the past, restraining orders
have been time limited, and by providing judges with the flexibility to
ensure that the time of the restraining order will protect the victim is
essential. Therefore, sentencing should at a minimum require five years
protection if awarded by a family court judge and ten years protection
if awarded by a criminal court judge.
PRIOR LEGISLATIVE HISTORY:
2021-22: Cahill A1909 -referred to judiciary
2019-2020: A.409 - Referred to Judiciary
2017-2018: A.1385 - Referred to Judiciary
2015-2016: A.984A - Referred to Judiciary
2013-2014: A.1667 - Referred to Judiciary
2011-2012: A.7367 - Referred to Judiciary
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately provided that the amendments to
the opening paragraph of subdivision 5 of section 530.12 of.the criminal
procedure law made by section four of this act shall be subject to the
expiration and reversion of such opening paragraph pursuant to section
74 of chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section five of this act shall take effect.
STATE OF NEW YORK
________________________________________________________________________
7231
2023-2024 Regular Sessions
IN ASSEMBLY
May 15, 2023
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY,
COOK, GUNTHER, MAGNARELLI, RA, WEPRIN, ZEBROWSKI -- read once and
referred to the Committee on Judiciary
AN ACT to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to orders of protection in cases
involving domestic violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 842 of the family court
2 act, as amended by chapter 335 of the laws of 2019, is amended to read
3 as follows:
4 An order of protection under section eight hundred forty-one of this
5 part shall set forth reasonable conditions of behavior to be observed
6 for a period not in excess of two years by the petitioner or respondent
7 or for a period not in excess of five years upon (i) a finding by the
8 court on the record of the existence of aggravating circumstances as
9 defined in paragraph (vii) of subdivision (a) of section eight hundred
10 twenty-seven of this article; or (ii) a finding by the court on the
11 record that the conduct alleged in the petition is in violation of a
12 valid order of protection. In cases involving domestic violence, an
13 order of protection shall be observed by the petitioner or respondent
14 for a period of no less than five years. Any finding of aggravating
15 circumstances pursuant to this section shall be stated on the record and
16 upon the order of protection. The court may also, upon motion, extend
17 the order of protection for a reasonable period of time upon a showing
18 of good cause or consent of the parties. The fact that abuse has not
19 occurred during the pendency of an order shall not, in itself, consti-
20 tute sufficient ground for denying or failing to extend the order. The
21 court must articulate a basis for its decision on the record. The dura-
22 tion of any temporary order shall not by itself be a factor in determin-
23 ing the length or issuance of any final order. Any order of protection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09702-01-3
A. 7231 2
1 issued pursuant to this section shall specify if an order of probation
2 is in effect. Any order of protection issued pursuant to this section
3 may require the petitioner or the respondent:
4 § 2. The opening paragraph of subdivision 1 of section 1056 of the
5 family court act, as amended by chapter 526 of the laws of 2013, is
6 amended to read as follows:
7 The court may make an order of protection in assistance or as a condi-
8 tion of any other order made under this part. Such order of protection
9 shall remain in effect concurrently with, shall expire no later than the
10 expiration date of, and may be extended concurrently with, such other
11 order made under this part, except as provided in subdivision four of
12 this section. The order of protection may set forth reasonable condi-
13 tions of behavior to be observed for a specified time by a person who is
14 before the court and is a parent or a person legally responsible for the
15 child's care or the spouse of the parent or other person legally respon-
16 sible for the child's care, or both. In cases involving domestic
17 violence, an order of protection shall be observed by the petitioner or
18 respondent for a period of no less than five years. Such an order may
19 require any such person
20 § 3. The opening paragraph of paragraph a of subdivision 3 of section
21 240 of the domestic relations law, as amended by chapter 526 of the laws
22 of 2013, is amended to read as follows:
23 The court may make an order of protection in assistance or as a condi-
24 tion of any other order made under this section. The order of
25 protection may set forth reasonable conditions of behavior to be
26 observed for a specified time by any party. In cases involving domestic
27 violence, an order of protection shall be observed for a period of no
28 less than five years. Such an order may require any party:
29 § 4. The opening paragraph of subdivision 5 of section 530.12 of the
30 criminal procedure law, as amended by chapter 240 of the laws of 2015,
31 is amended to read as follows:
32 Upon sentencing on a conviction for any crime or violation between
33 spouses, between a parent and child, or between members of the same
34 family or household as defined in subdivision one of section 530.11 of
35 this article, the court may in addition to any other disposition,
36 including a conditional discharge or youthful offender adjudication,
37 enter an order of protection. Where a temporary order of protection was
38 issued, the court shall state on the record the reasons for issuing or
39 not issuing an order of protection. The duration of such an order shall
40 be fixed by the court and: (A) in the case of a felony conviction,
41 [shall not exceed the greater of] be no less than: (i) [eight] ten
42 years from the date of such sentencing, [except] including where the
43 sentence is or includes a sentence of probation on a conviction for a
44 felony sexual assault, as provided in subparagraph (iii) of paragraph
45 (a) of subdivision three of section 65.00 of the penal law[, in which
46 case, ten years from the date of such sentencing], or (ii) [eight] ten
47 years from the date of the expiration of the maximum term of an indeter-
48 minate or the term of a determinate sentence of imprisonment actually
49 imposed; or (B) in the case of a conviction for a class A misdemeanor,
50 shall not exceed the greater of: (i) five years from the date of such
51 sentencing, except where the sentence is or includes a sentence of
52 probation on a conviction for a misdemeanor sexual assault, as provided
53 in subparagraph (ii) of paragraph (b) of subdivision three of section
54 65.00 of the penal law, in which case, six years from the date of such
55 sentencing, or (ii) five years from the date of the expiration of the
56 maximum term of a definite or intermittent term actually imposed; or (C)
A. 7231 3
1 in the case of a conviction for any other offense, shall not exceed the
2 greater of: (i) two years from the date of sentencing, or (ii) two years
3 from the date of the expiration of the maximum term of a definite or
4 intermittent term actually imposed. For purposes of determining the
5 duration of an order of protection entered pursuant to this subdivision,
6 a conviction shall be deemed to include a conviction that has been
7 replaced by a youthful offender adjudication. In addition to any other
8 conditions, such an order may require the defendant:
9 § 5. The opening paragraph of subdivision 5 of section 530.12 of the
10 criminal procedure law, as amended by chapter 9 of the laws of 2011, is
11 amended to read as follows:
12 Upon sentencing on a conviction for any crime or violation between
13 spouses, between a parent and child, or between members of the same
14 family or household as defined in subdivision one of section 530.11 of
15 this article, the court may in addition to any other disposition,
16 including a conditional discharge or youthful offender adjudication,
17 enter an order of protection. Where a temporary order of protection was
18 issued, the court shall state on the record the reasons for issuing or
19 not issuing an order of protection. The duration of such an order shall
20 be fixed by the court and, in the case of a felony conviction, shall
21 [not exceed the greater of] be no less than: (i) [five] ten years from
22 the date of such sentencing, or (ii) [three] ten years from the date of
23 the expiration of the maximum term of an indeterminate sentence of
24 imprisonment actually imposed; or in the case of a conviction for a
25 class A misdemeanor, shall not exceed three years from the date of such
26 sentencing; or in the case of a conviction for any other offense, shall
27 not exceed one year from the date of sentencing. For purposes of deter-
28 mining the duration of an order of protection entered pursuant to this
29 subdivision, a conviction shall be deemed to include a conviction that
30 has been replaced by a youthful offender adjudication. In addition to
31 any other conditions, such an order may require the defendant:
32 § 6. This act shall take effect immediately, provided that the amend-
33 ments to the opening paragraph of subdivision 5 of section 530.12 of the
34 criminal procedure law made by section four of this act shall be subject
35 to the expiration and reversion of such opening paragraph pursuant to
36 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
37 date the provisions of section five of this act shall take effect.
