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

Summary of provisions

Section one amends the opening paragraph of subdivision 5 of section 530.12 of the criminal procedure law, as amended by section 1 of chapter 9 of the laws of 2011, to provide that in the case of a felony conviction, where the sentence is or includes a sentence of probation on a conviction for a felony sexual assault, as provided in subparagraph (iii) of paragraph (a) of subdivision three of section 65.00 of the penal law, the court shall fix the duration of an order of protection at ten years from the date of such sentencing. In the case of a conviction for a misdemeanor, where the sentence is or includes a sentence of probation on a conviction for a misdemeanor sexual assault, as provided in subparagraph (ii) of paragraph (b) of subdivision three of section 65.00 of the penal law, the duration of an order of protection shall be fixed at six years from the date of such sentencing.

Section two amends the opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law, as amended by section 3 of chapter 9 of the laws of 2011, to provide that in the case of a felony conviction, where the sentence is or includes a sentence of probation on a conviction for a felony sexual assault, as provided subparagraph (iii) of paragraph (a) of subdivision three of section 65.00 of the penal law, the court shall fix the duration of an order of protection at ten years from the date of such sentencing. In addition, in the case of a conviction for a misdemeanor, where the sentence is or includes a sentence of probation on a conviction for a misdemeanor sexual assault, as provided in subparagraph (ii) of paragraph (b) of subdivision three of section 65.00 of the penal law, the duration of an order of protection shall be fixed at six years from the date of such sentencing.

Section three establishes an effective date of thirty days after becoming law, and will apply to offenses committed on or after such effective date; provided, however, that the amendments to the opening paragraphs of subdivision 5 of section 530.12 and subdivision 4 of section 530.13 of the criminal procedure law made by sections one and two of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith.

Justification

In 2006, the criminal procedure law was amended to extend the permissible duration of a final order of protection issued in criminal cases. However, the amendments did not account fully for the statutorily required longer probation periods for misdemeanor sexual assault convictions and felony sexual assault convictions. Thus, when a final order of protection is issued on a sexual assault conviction where probation is imposed, the order will expire before the defendant has completed his probation. This bill would amend CPL sections 530.12(5) and 530 13(4) to provide that the duration of a

final order of protection issued in a case where the defendant is convicted of sexual assault and probation is ordered, or is ordered as part of his sentence, a final order of protection shall not exceed ten years in the case of a felony sexual assault, or six years in the case of a misdemeanor sexual assault.

This bill will take effect thirty days after it becomes law, and will apply to offenses committed on or after such effective date; provided, however, that the amendments to the opening paragraphs of subdivision 5 of section 530.12 and subdivision 4 of section 530.13 of the criminal procedure law made by sections one and two of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith,

Legislative history

A.1877, 2013 and 2014 referred to Codes. A 87, 2011 and 2012 referred to Codes. Same as S.888, 2011 passed Senate, and 2012 referred to Children and Families. A 776A, 2009 and 2010 referred to Codes. Same as S.4591, 2009 and 2010 referred to Codes. A,6824, 2007 and 2008 referred to Codes. Same as S 4693, 2007 and 2008 passed Senate.

Fiscal implications

None

Effective date

This act shall take effect thirty days after becoming law, and will apply to offenses committed on or after such effective date; provided, however, that the amendments to the opening paragraphs of subdivision 5 of section 530.12 and subdivision 4 of section 530.13 of the criminal procedure law made by sections one and two of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith.