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A07231 Summary:

BILL NOA07231
 
SAME ASNo Same As
 
SPONSORSimon (MS)
 
COSPNSRTapia, Shimsky, McMahon, Davila
 
MLTSPNSRAubry, Cook, Gunther, Magnarelli, Ra, Weprin, Zebrowski
 
Amd 842 & 1056, Fam Ct Act; amd 240, Dom Rel L; amd 530.12, CP L
 
Relates to duration of orders of protection in cases involving domestic violence.
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A07231 Actions:

BILL NOA07231
 
05/15/2023referred to judiciary
01/03/2024referred to judiciary
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A07231 Memo:

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.
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A07231 Text:



 
                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.
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