New York Assembly Bill A05895 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5895 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to orders of protection for harassment 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 530.13 of 2 the criminal procedure law, as amended by section 14 of part JJJ of 3 chapter 59 of the laws of 2019, is amended to read as follows: 4 When any criminal action is pending involving any crime or violation, 5 and the court has not issued a temporary order of protection pursuant to 6 section 530.12 of this article, the court, in addition to the other 7 powers conferred upon it by this chapter, may for good cause shown issue 8 a temporary order of protection in conjunction with any securing order 9 or an adjournment in contemplation of dismissal. In addition to any 10 other conditions, such an order may require that the defendant: 11 § 2. The opening paragraph of subdivision 4 of section 530.13 of the 12 criminal procedure law, as amended by chapter 240 of the laws of 2015, 13 is amended to read as follows: 14 Upon sentencing on a conviction for any criminal offense or violation, 15 where the court has not issued an order of protection pursuant to 16 section 530.12 of this article, the court may, in addition to any other 17 disposition, including a conditional discharge or youthful offender 18 adjudication, enter an order of protection. Where a temporary order of 19 protection was issued, the court shall state on the record the reasons 20 for issuing or not issuing an order of protection. The duration of such 21 an order shall be fixed by the court and; (A) in the case of a felony 22 conviction, shall not exceed the greater of: (i) eight years from the 23 date of such sentencing, except where the sentence is or includes a 24 sentence of probation on a conviction for a felony sexual assault, as 25 provided in subparagraph (iii) of paragraph (a) of subdivision three of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07765-01-5 
 A. 5895 2 1 section 65.00 of the penal law, in which case, ten years from the date 2 of such sentencing, or (ii) eight years from the date of the expiration 3 of the maximum term of an indeterminate or the term of a determinate 4 sentence of imprisonment actually imposed; or (B) in the case of a 5 conviction for a class A misdemeanor, shall not exceed the greater of: 6 (i) five years from the date of such sentencing, except where the 7 sentence is or includes a sentence of probation on a conviction for a 8 misdemeanor sexual assault, as provided in subparagraph (ii) of para- 9 graph (b) of subdivision three of section 65.00 of the penal law, in 10 which case, six years from the date of such sentencing or (ii) five 11 years from the date of the expiration of the maximum term of a definite 12 or intermittent term actually imposed; or (C) in the case of a 13 conviction for any other offense, shall not exceed the greater of: (i) 14 two years from the date of sentencing, or (ii) two years from the date 15 of the expiration of the maximum term of a definite or intermittent term 16 actually imposed. For purposes of determining the duration of an order 17 of protection entered pursuant to this subdivision, a conviction shall 18 be deemed to include a conviction that has been replaced by a youthful 19 offender adjudication. In addition to any other conditions such an 20 order may require that the defendant: 21 § 3. The opening paragraph of subdivision 4 of section 530.13 of the 22 criminal procedure law, as amended by chapter 9 of the laws of 2011, is 23 amended to read as follows: 24 Upon sentencing on a conviction for any criminal offense or violation, 25 where the court has not issued an order of protection pursuant to 26 section 530.12 of this article, the court may, in addition to any other 27 disposition, including a conditional discharge or youthful offender 28 adjudication, enter an order of protection. Where a temporary order of 29 protection was issued, the court shall state on the record the reasons 30 for issuing or not issuing an order of protection. The duration of such 31 an order shall be fixed by the court and, in the case of a felony 32 conviction, shall not exceed the greater of: (i) five years from the 33 date of such sentencing, or (ii) three years from the date of the expi- 34 ration of the maximum term of an indeterminate sentence of imprisonment 35 actually imposed; or in the case of a conviction for a class A misdemea- 36 nor, shall not exceed three years from the date of such sentencing; or 37 in the case of a conviction for any other offense, shall not exceed one 38 year from the date of sentencing. For purposes of determining the dura- 39 tion of an order of protection entered pursuant to this subdivision, a 40 conviction shall be deemed to include a conviction that has been 41 replaced by a youthful offender adjudication. In addition to any other 42 conditions such an order may require that the defendant: 43 § 4. This act shall take effect on the one hundred twentieth day after 44 it shall have become a law, provided that the amendments to the opening 45 paragraph of subdivision 4 of section 530.13 of the criminal procedure 46 law made by section two of this act shall be subject to the expiration 47 and reversion of such subdivision pursuant to section 74 of chapter 3 of 48 the laws of 1995, as amended, when upon such date the provisions of 49 section three of this act shall take effect.