STATE OF NEW YORK ________________________________________________________________________ 7680 2023-2024 Regular Sessions IN ASSEMBLY June 5, 2023 ___________ Introduced by M. of A. McMAHON -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act, in relation to orders of protection in child abuse and neglect proceedings in family court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 1056 of 2 the family court act, as amended by chapter 526 of the laws of 2013, is 3 amended to read as follows: 4 The court may [make] issue an order of protection in assistance or as 5 a condition of any other order made under this part. Such order of 6 protection shall remain in effect concurrently with, shall expire no 7 later than the expiration date of, and may be extended concurrently 8 with, such other order made under this part, except as provided in 9 subdivision four and subdivision four-a of this section. The order of 10 protection may set forth reasonable conditions of behavior to be 11 observed for a specified time by a person who is before the court and is 12 a parent or a person legally responsible for the child's care or the 13 spouse of the parent or other person legally responsible for the child's 14 care, or both. Such an order may require any such person: 15 § 2. Section 1056 of the family court act is amended by adding a new 16 subdivision 4-a to read as follows: 17 4-a. The court may issue an order of protection against a person who 18 was a member of the child's household or a person legally responsible as 19 defined in section one thousand twelve of this article and who is not a 20 parent of the child, independently of any other order made under this 21 part which may contain any provision authorized under subdivision one of 22 this section. Such order of protection issued under this section may 23 remain in effect for a period of up to two years or, if the court finds 24 special circumstances, a period of up to five years. For purposes of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08978-01-3
A. 7680 2 1 this section, "special circumstances" shall mean physical injury or 2 serious physical injury caused by the respondent to the protected person 3 or persons or any minor child, the use of a dangerous instrument by the 4 respondent against the protected person or persons or any minor child, a 5 history of violations of orders of protection by the respondent, prior 6 convictions for crimes against the protected person or persons or a 7 minor child by the respondent or the exposure by the respondent of the 8 protected person or persons or a minor child or any family or household 9 member to physical injury or acts constituting a sex offense as defined 10 in subdivision (e) of section one thousand twelve of this article and 11 like incidents, behaviors and occurrences which to the court constitute 12 an immediate and ongoing danger to the protected person or persons or a 13 minor child or any family or household member. Such order of protection 14 may be extended independently or concurrently with, any order issued 15 under this article or article ten-A of this chapter. Such order shall be 16 subject to annual review, modification or vacatur by the court, upon 17 motion by any party as provided herein. The total period of such order 18 shall be no more than two years, or if there was a special circumstances 19 finding, five years from the date of the initial order. 20 § 3. This act shall take effect on the ninetieth day after it shall 21 have become a law.