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S6070Senate2009-2010 SessionSame asA8807

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

Sponsor Stephen M. SalandSD-41Affects Health
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · May 25

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Sponsors

Primary sponsor
Stephen M. Saland

Senator · Senate District 41

No co-sponsors yet.

History

  1. Substituted by A8807B
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.585
  5. Reported and committed to codes
  6. Print number 6070b
  7. Amend (t) and recommit to children and families
  8. Print number 6070a
  9. Amend (t) and recommit to children and families
  10. Referred to children and families
  11. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8807Assembly

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

Senate Floor Calendar · Sponsor Amy Paulin

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 determining the expiration date of an order of protection

Purpose

This bill amends certain sections of the criminal procedure law with respect to entering an order of protection upon sentencing.

Summary of provisions

Sections 1 through 4 amend the Criminal Procedure Law 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 5 establishes the effective date on the thirtieth day after it shall have become law.

Justification

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 subject to a temporary order of protection issued as a condition of bail or recognizance. As the defendant is may lawfully be subject to a temporary order of protection right up to the date of sentencing, it serves the victim's best interest to have the final order begin at sentencing rather than conviction which may allow for an extended period in which the order is valid. 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 defined in subdivision one of section 530.11 of the CPL. This definition includes former spouses, those who have never been married but have a child in common and those who have been in an intimate relationship. Expanding the definition for the purposes of a final order provides more victims with protection under this statute.

Legislative history

S.4693 2007-08 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.

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