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History
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1237
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to children and families
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.
Provides a mandatory jail sentence for violations of family and non-family orders of protection and global positioning system monitoring for certain defendants
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2243 REVISED 1/28/13
Title of bill
An act to amend the criminal procedure law, in relation to orders of protection for family and non-family offenses
Purpose
The purpose of this bill is to increase public safety by improving the effectiveness of protection orders.
Summary of provisions
Section one amends Criminal Procedure Law section 530.12(11) to require that any sentence imposed by a court fox violating an order of protection issued pursuant to section 530.12, or by a Court of competent jurisdiction in another State, territorial or tribal jurisdiction, must be for a period of at least 30 days.
Section two amends Criminal Procedure Law section 530.12 by adding a new subdivision 11-a requiring the Court to order the attachment of a global positioning system (ankle bracelet) for repeat offenders of Penal Law Part 3, Title H who are also found to have violated this section. This penalty is in addition to the penalty that the Court imposes pursuant to subdivision 11.
Section three amends Criminal Procedure Law section 530.13(8) to require that any sentence imposed by a court for violating an order of protection issued pursuant to section 530.13 must be for a period of at least 30 days.
Section four amends Criminal Procedure Law section 530.13 to renumber subdivision 9 as subdivision 10 and add a new subdivision 9 requiring the Court to order the attachment of a global positioning system (ankle bracelet) for repeat offenders of Penal Law Part 3, Title H who are found to have violated this section. This penalty is in addition to the penalty that the Court imposes pursuant to subdivision 8.
Section five provides that this act shall take effect on the sixtieth day after it shall have become a law.
Existing law
Current law neither provides fox minimum prison sentences for violations of protection orders nor requires the use of global positioning systems as described in this bill.
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
2011-2: S.4259 - Referred to Children and Families 2010: 5.6865 - Referred to Codes
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.