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S4259Senate2011-2012 SessionSame asA5261

Provides a mandatory jail sentence for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants

Sponsor Martin J. GoldenSD-22Affects 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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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

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

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S4259

Title of bill

An act to amend the criminal procedure law, in relation to orders of protection for family and non-family offenses

Purpose or general idea of bill

This legislation provides for a mandatory jail sentence of at least 30 days for persons who violate orders of protection and establishes a procedure for a global positioning system (ankle bracelet) for repeat offenders of this section.

Summary of specific provisions

To amend Subdivision 11 of Section 530.12 of the Criminal Procedure Law, adding Subdivision 11-a of section 530.12 of the Criminal Procedure Law and amending Subdivision 8 of section 530.13 of the Criminal Procedure Law dealing with failure to obey orders of protection issued by a court.

Justification

Orders of protection were created to provide a level of safety from an individual that poses a risk of harm to another. Sadly, there have been a string of cases in recent years in which orders of protection did not prevent victims from serious harm or death. In 2010, Qian Wu, a 46 year-old woman from Queens, had nine orders of protection against an acquaintance, yet was stabbed to death by him outside her home. In numerous instances, she asked for further assistance but the repeat offender remained loose to stalk and harass her and violate his orders of protection.

It is possible for individuals to continually violate orders of protection and never serve any jail time. This bill would remedy that situation.

Legislative history

2009-2010: A.9952/S.6865

Fiscal implications

To be determined.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

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