What's happening
This bill mandates a minimum 30-day jail term and GPS monitoring for repeat offenders who violate orders of protection.
Why it matters
Establishes a mandatory minimum jail sentence. for anyone who willfully violates an order of protection, removing judicial discretion to impose lesser or alternative penalties. This could significantly increase short-term incarceration rates for these offenses.
Imposes GPS monitoring on repeat offenders. specifically, those previously convicted of certain offenses—ensuring their location can be tracked for the entire duration of a new or renewed order of protection. This signals a shift toward continuous surveillance for certain domestic violence or protection order violators.
Applies equally to both family and non-family offense orders of protection. , expanding enhanced penalties and monitoring beyond domestic relationships to include other protected parties, such as stalking victims or those protected in non-domestic situations.
Reflects a legislative intent to prioritize victim safety and offender accountability. by creating uniform, non-negotiable consequences for repeat violations, which could deter future violations but may also raise concerns about due process, jail overcrowding, and the logistics and costs of administering widespread GPS monitoring.
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Jail for Breaking Protection Orders
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
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.
Jail Time for Violating Orders
In Senate Committee · Children And Families · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6942
2017-2018 Regular Sessions
IN ASSEMBLY
March 24, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to orders of protection for family and non-family offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 11 of section 530.12 of the criminal procedure law, as amended by chapter 498 of the laws of 1993, the opening paragraph as amended by chapter 597 of the laws of 1998, paragraph (a) as amended by chapter 222 of the laws of 1994 and paragraph (d) as amended by chapter 644 of the laws of 1996, is amended to read as follows:
11. If a defendant is brought before the court for failure to obey any lawful order issued under this section, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, and if, after hearing, the court is satisfied by competent proof that the defendant has willfully failed to obey any such order, the court [may] shall:
(a) revoke an order of recognizance or revoke an order of bail or order forfeiture of such bail and commit the defendant to custody for a minimum period of thirty days; or
(b) restore the case to the calendar when there has been an adjournment in contemplation of dismissal and commit the defendant to custody for a minimum period of thirty days; or
(c) revoke a conditional discharge in accordance with section 410.70 of this chapter and impose probation supervision or impose a sentence of imprisonment in accordance with the penal law based on the original conviction for a minimum period of thirty days; or
(d) revoke probation in accordance with section 410.70 of this chapter and impose a sentence of imprisonment in accordance with the penal law based on the original conviction for a minimum period of thirty days. In addition, if the act which constitutes the violation of the order of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06037-01-7
A. 6942 2
protection or temporary order of protection is a crime or a violation the defendant may be charged with and tried for that crime or violation.
§ 2. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 11-a to read as follows:
11-a. In addition to the penalties set forth in subdivision eleven of this section, if a defendant has been previously convicted of an offense set forth in title H of part three of the penal law, the court shall order that the defendant be equipped with a global positioning system device which shall reliably monitor, track and locate the position of such defendant. Such defendant shall be equipped with such global positioning device for the duration of such order of protection or temporary order of protection or any renewal thereof.
§ 3. Subdivision 8 of section 530.13 of the criminal procedure law, as added by chapter 388 of the laws of 1984, is amended to read as follows:
8. If a defendant is brought before the court for failure to obey any lawful order issued under this section and if, after hearing, the court is satisfied by competent proof that the defendant has willfully failed to obey any such order, the court [may] shall:
(a) revoke an order of recognizance or bail and commit the defendant to custody for a minimum period of thirty days; or
(b) restore the case to the calendar when there has been an adjournment in contemplation of dismissal and commit the defendant to custody [or impose or increase bail pending a trial of the original crime or violation] for a minimum period of thirty days; or
(c) revoke a conditional discharge in accordance with section 410.70 of this chapter and [impose probation supervision or] impose a sentence of imprisonment in accordance with the penal law based on the original conviction which shall be for a minimum period of thirty days; or
(d) revoke probation in accordance with section 410.70 of this chapter and impose a sentence of imprisonment in accordance with the penal law based on the original conviction which shall be for a minimum period of thirty days. In addition, if the act which constitutes the violation of the order of protection or temporary order of protection is a crime or a violation the defendant may be charged with and tried for that crime or violation.
§ 4. Subdivision 9 of section 530.13 of the criminal procedure law, as renumbered by chapter 388 of the laws of 1984, is renumbered subdivision 10 and a new subdivision 9 is added to read as follows:
9. In addition to the penalties set forth in subdivision eight of this section, if a defendant has been previously convicted of an offense set forth in title H of part three of the penal law, the court shall order that the defendant be equipped with a global positioning system device which shall reliably monitor, track and locate the position of such defendant. Such defendant shall be equipped with such global positioning device for the duration of such order of protection or temporary order of protection or any renewal thereof.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.