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S3978Senate2009-2010 Session

Provides limits on the duration of an order of protection depending on the level of the conviction

Sponsor Suzi OppenheimerSD-37+1 co-sponsorAffects Health
Status
In Senate Committee
Children And Families
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Children And Families

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Who cares

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Sponsors

Primary sponsor
Suzi Oppenheimer

Senator · Senate District 37

1 Co-sponsor

History

  1. Referred to children and families
  2. Referred to children and families

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to the duration of an order of protection

Purpose

To "toll" family offense orders of protection for periods of imprisonment.

Summary of provisions

This bill amends 530.12 of criminal procedure law, which authorizes issuance of orders of protection upon conviction of family offenses, to extend the order for periods of incarceration for class A misdemeanors and other offenses

Justification

Current law provides that the duration of orders of protection following felony convictions may be tolled for periods of imprisonment by measuring the duration of the orders from the expiration of the prison term actually imposed. This legislation provides that the duration of an order of protection issued in non-felony cases may"also be tolled for periods of imprisonment.

Existing law

Under current law, the court may issue an order of protection upon conviction of a family offense. In the case of a felony conviction, the duration of the order of protection is measured from the date of conviction or from the expiration of the prison sentence actually imposed, whichever is greater. In the case of a misdemeanor conviction, the duration is measured from the date of conviction.

Legislative history

03/27/07 REFERRED TO CODES 01/09/08 REFERRED TO CODES

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.