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

BILL NUMBER:S1994A

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 of this bill amends Criminal Procedure Law section 530.12(11) to require that any sentence imposed by a court for violating an order of protection issued pursuant to section 530.12, or by a Court of competent jurisdiction in another State, territorial or tribal juris- diction, must be for a period of at least 30 days.

Section two of this bill amends Criminal Procedure Law section 530.12 by adding a new subdivision 11-a requiring the Court to order the attach- ment of a global positioning system (ankle bracelet) for repeat offen- ders of offenses set forth in Penal Law Part 3, Title H (Offenses Against The Person Involving Physical Injury, Sexual Conduct, Restraint And Intimidation) who are also found to have violated this section. This penalty is in addition to the penalty that the Court imposes pursuant to Criminal Procedure Law section 530.12(11).

Section three of this bill 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 of this bill 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 (Offenses Against The Person Involving Physical Injury, Sexual Conduct, Restraint And Intimidation) who are found to have violated this section. This penalty is in addition to the penalty that the Court imposes pursuant to Criminal Procedure Law section 530.13(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 fixed minimum prison sentences for violations of protection orders nor requires the use of global position- ing 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 that stabbed her to death outside her home. On numerous occasions, 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

2014: S.2243 - Referred to Children and Families 2013: S.2243 - Passed the Senate 2011-2: S.4259 - Referred to Children and Families both years 2010: S.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.