What's happening
This bill requires a minimum 30-day jail sentence and GPS monitoring for certain repeat offenders who violate orders of protection.
Why it matters
Mandates jail time for repeat violators. By replacing “may” with “shall” and specifying a minimum 30-day jail sentence, the bill removes judicial discretion and requires incarceration for those who willfully violate orders of protection, signaling a stricter approach toward repeat offenders.
Expands use of electronic monitoring. For individuals with prior convictions for certain offenses (“title H of part three of the penal law,” typically involving serious or violent crimes), the bill requires mandatory GPS tracking for the entire duration of any new or renewed order of protection, aiming to enhance victim safety and law enforcement oversight.
Seeks to deter escalation and recidivism. The combination of mandatory jail time and GPS monitoring is designed to increase accountability and deterrence for repeat violators, potentially reducing the risk of further harm to victims by making it harder for offenders to evade consequences or approach protected individuals.
Impacts judicial process and resources. By mandating both incarceration and electronic monitoring, the bill could increase demands on jails, courts, and monitoring services, raising practical and fiscal considerations for local governments and the criminal justice system.
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Jail Time for Violating Orders
Plain English, a few words. Used as the page title.
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History
- Referred to children and families
- 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.
Jail for Breaking Protection Orders
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1611
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
S. 1611 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.
Sponsor's memo
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
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 jurisdiction, 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 attachment of a global positioning system (ankle bracelet) for repeat offenders 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 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 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 has become quite apparent that individuals can continue to violate orders of protection and never serve any jail time. This bill will remedy these unfortunate situations.
Prior legislative history
2016: S.1994-A - Passed the Senate 2015: S.1994 - Passed the Senate 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.