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

Summary of provisions

Section one amends the opening paragraph of subdivision five of section 530.12 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, 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 one also amends subdi- vision five of section 530,12 of the CPL by defining "members of the same family or household" as such phrase is defined in subdivision one of section 530.11 of the CPL.

Section two amends subdivision five of section 530.12 of the CPL by clarifying that an order of protection shall continue to begin on the date of sentencing.

Section three amends the opening paragraph of subdivision four of section 530.13 of the CPL, as amended by chapter 476 of the laws of 2009, by allowing for the entering of an order of protection upon sentencing on a conviction for any offense.

Section four amend subdivision four of section 530.13 of the CPL by clarifying that an order of protection shall continue to begin on the date of sentencing,

Section five establishes the effective date, and states that this act shall apply to all criminal actions whenever commenced provided the sentence therein has not been imposed prior to such effective date.

Justification

Pursuant to subdivision five of Criminal Procedure Law section 530.12, a criminal court, "upon conviction of a defendant of any crime or violation between spouses, parent and child, or between members of the same family or household," may, in addition to any other disposi- tion, issue a final order of protection. Similarly, pursuant to subdivi- sion four of CPL section 530.13, a criminal court may, "upon conviction" of a defendant of any offense, where the court has not issued an order of protection pursuant to CPL section 530.12, may, in addition to any other disposition, issue a final order of protection. This bill would correct an anomaly in CPL sections 530.12(5) and 530.13(4) by amending these two provisions to provide that a final order of protection shall be issued not on the date of conviction, as is currently required under the statutes, but on the date of sentencing. 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 the subject to a temporary order of protection issued as a condition of bail or recognizance (see, CPL sections 530.12(1) and

530.13(1)). It makes no sense, therefore, to require that the final order be issued "upon conviction," when the defendant may lawfully be subject to a temporary order of protection (i.e. one issued as a condi- tion of bail or recognizance) right up until the date of sentencing.

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 such phrase is defined in subdivision one of section 530.11 of this article. This definition includes former spouses, those who have never been married but have a child in common, and those who are in an intimate relationship, among others.

This bill shall take effect thirty days after it becomes law, and shall apply to all criminal actions whenever commenced provided sentence ther- ein has not been imposed prior to such date.

* Both subdivision five of CPL section 530.12 and subdivision four of CPL, section 530.13 provide that, for purposes of determining the dura- tion of a final order of protection under those subdivisions, "a conviction shall be deemed to include a conviction that has been replaced with a youthful offender adjudication." CPL sections 530.12(5) and 530.13(4).

Legislative history

A.6824, 2007 and 2008 referred to Codes. Same as S.4693 2007 and 2008 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.