A 5630: Allows family and criminal courts to extend orders of protection for up to two years beyond the expiration date of an issued order of protection if the court finds reason for an extension and places such reasoning on the record.

  
  STATE OF NEW YORK ________________________________________________________________________ 5630 2025-2026 Regular Sessions  IN ASSEMBLY February 18, 2025 ___________ Introduced by M. of A. SEMPOLINSKI -- read once and referred to the Committee on Codes AN ACT to amend the family court act and the criminal procedure law, in relation to extensions of orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 154-c of the family court act, as 2 added by chapter 402 of the laws of 2023, is amended to read as follows: 3 1. Expiration dates and extensions. (a) Any order of protection or 4 temporary order of protection issued under articles three, four, five, 5 six, seven, eight, ten and ten-A of this act shall plainly state the 6 date that such order expires. 7 (b) Any order of protection or temporary order of protection issued 8 under this act shall be extended for up to two years past the date that 9 such order expires if the court finds an extreme case for such extension 10 and states on the record the reasons for the extension. For purposes of 11 this paragraph, "extreme case" shall mean a threat of harm to the 12 protected party continues; respondent has been found guilty of repeated 13 criminal contempt due to a violation of an order of protection; respond- 14 ent has continued to express intent to commit harm to, intimidate or 15 threaten the protected party. 16 § 2. The opening paragraph of subdivision 5 of section 530.12 of the 17 criminal procedure law, as amended by chapter 240 of the laws of 2015, 18 is amended to read as follows: 19 Upon sentencing on a conviction for any crime or violation between 20 spouses, between a parent and child, or between members of the same 21 family or household as defined in subdivision one of section 530.11 of 22 this article, the court may in addition to any other disposition, 23 including a conditional discharge or youthful offender adjudication, 24 enter an order of protection. Where a temporary order of protection was 25 issued, the court shall state on the record the reasons for issuing or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08561-01-5 
 A. 5630 2 1 not issuing an order of protection. The duration of such an order shall 2 be fixed by the court and: (A) in the case of a felony conviction, shall 3 not exceed the greater of: (i) eight years from the date of such 4 sentencing, except where the sentence is or includes a sentence of 5 probation on a conviction for a felony sexual assault, as provided in 6 subparagraph (iii) of paragraph (a) of subdivision three of section 7 65.00 of the penal law, in which case, ten years from the date of such 8 sentencing, or (ii) eight years from the date of the expiration of the 9 maximum term of an indeterminate or the term of a determinate sentence 10 of imprisonment actually imposed; or (B) in the case of a conviction for 11 a class A misdemeanor, shall not exceed the greater of: (i) five years 12 from the date of such sentencing, except where the sentence is or 13 includes a sentence of probation on a conviction for a misdemeanor sexu- 14 al assault, as provided in subparagraph (ii) of paragraph (b) of subdi- 15 vision three of section 65.00 of the penal law, in which case, six years 16 from the date of such sentencing, or (ii) five years from the date of 17 the expiration of the maximum term of a definite or intermittent term 18 actually imposed; or (C) in the case of a conviction for any other 19 offense, shall not exceed the greater of: (i) two years from the date of 20 sentencing, or (ii) two years from the date of the expiration of the 21 maximum term of a definite or intermittent term actually imposed. For 22 purposes of determining the duration of an order of protection entered 23 pursuant to this subdivision, a conviction shall be deemed to include a 24 conviction that has been replaced by a youthful offender adjudication. 25 Any order of protection entered pursuant to this section shall be 26 extended for up to two years past the date that such order expires if 27 the court finds an extreme case for such extension and states on the 28 record the reasons for the extension. For purposes of this paragraph, 29 "extreme case" shall mean a threat of harm to the protected party 30 continues; defendant has been found guilty of repeated criminal contempt 31 due to a violation of an order of protection; defendant has continued to 32 express intent to commit harm to, intimidate or threaten the protected 33 party. In addition to any other conditions, such an order may require 34 the defendant: 35 § 3. The opening paragraph of subdivision 5 of section 530.12 of the 36 criminal procedure law, as amended by section 2 of chapter 9 of the laws 37 of 2011, is amended to read as follows: 38 Upon sentencing on a conviction for any crime or violation between 39 spouses, between a parent and child, or between members of the same 40 family or household as defined in subdivision one of section 530.11 of 41 this article, the court may in addition to any other disposition, 42 including a conditional discharge or youthful offender adjudication, 43 enter an order of protection. Where a temporary order of protection was 44 issued, the court shall state on the record the reasons for issuing or 45 not issuing an order of protection. The duration of such an order shall 46 be fixed by the court and, in the case of a felony conviction, shall not 47 exceed the greater of: (i) five years from the date of such sentencing, 48 or (ii) three years from the date of the expiration of the maximum term 49 of an indeterminate sentence of imprisonment actually imposed; or in the 50 case of a conviction for a class A misdemeanor, shall not exceed three 51 years from the date of such sentencing; or in the case of a conviction 52 for any other offense, shall not exceed one year from the date of 53 sentencing. For purposes of determining the duration of an order of 54 protection entered pursuant to this subdivision, a conviction shall be 55 deemed to include a conviction that has been replaced by a youthful 56 offender adjudication. Any order of protection entered pursuant to this 
 A. 5630 3 1 section shall be extended for up to two years past the date that such 2 order expires if the court finds an extreme case for such extension and 3 states on the record the reasons for the extension. For purposes of this 4 paragraph, "extreme case" shall mean a threat of harm to the protected 5 party continues; defendant has been found guilty of repeated criminal 6 contempt due to a violation of an order of protection; defendant has 7 continued to express intent to commit harm to, intimidate or threaten 8 the protected party. In addition to any other conditions, such an order 9 may require the defendant: 10 § 4. The opening paragraph of subdivision 4 of section 530.13 of the 11 criminal procedure law, as amended by chapter 240 of the laws of 2015, 12 is amended to read as follows: 13 Upon sentencing on a conviction for any offense, where the court has 14 not issued an order of protection pursuant to section 530.12 of this 15 article, the court may, in addition to any other disposition, including 16 a conditional discharge or youthful offender adjudication, enter an 17 order of protection. Where a temporary order of protection was issued, 18 the court shall state on the record the reasons for issuing or not issu- 19 ing an order of protection. The duration of such an order shall be fixed 20 by the court and; (A) in the case of a felony conviction, shall not 21 exceed the greater of: (i) eight years from the date of such sentencing, 22 except where the sentence is or includes a sentence of probation on a 23 conviction for a felony sexual assault, as provided in subparagraph 24 (iii) of paragraph (a) of subdivision three of section 65.00 of the 25 penal law, in which case, ten years from the date of such sentencing, or 26 (ii) eight years from the date of the expiration of the maximum term of 27 an indeterminate or the term of a determinate sentence of imprisonment 28 actually imposed; or (B) in the case of a conviction for a class A 29 misdemeanor, shall not exceed the greater of: (i) five years from the 30 date of such sentencing, except where the sentence is or includes a 31 sentence of probation on a conviction for a misdemeanor sexual assault, 32 as provided in subparagraph (ii) of paragraph (b) of subdivision three 33 of section 65.00 of the penal law, in which case, six years from the 34 date of such sentencing or (ii) five years from the date of the expira- 35 tion of the maximum term of a definite or intermittent term actually 36 imposed; or (C) in the case of a conviction for any other offense, shall 37 not exceed the greater of: (i) two years from the date of sentencing, or 38 (ii) two years from the date of the expiration of the maximum term of a 39 definite or intermittent term actually imposed. For purposes of deter- 40 mining the duration of an order of protection entered pursuant to this 41 subdivision, a conviction shall be deemed to include a conviction that 42 has been replaced by a youthful offender adjudication. Any order of 43 protection entered pursuant to this section shall be extended for up to 44 two years past the date that such order expires if the court finds an 45 extreme case for such extension and states on the record the reasons for 46 the extension. For purposes of this paragraph, "extreme case" shall mean 47 a threat of harm to the protected party continues; defendant has been 48 found guilty of repeated criminal contempt due to a violation of an 49 order of protection; defendant has continued to express intent to commit 50 harm to, intimidate or threaten the protected party. In addition to any 51 other conditions such an order may require that the defendant: 52 § 5. The opening paragraph of subdivision 4 of section 530.13 of the 53 criminal procedure law, as amended by section 4 of chapter 9 of the laws 54 of 2011, is amended to read as follows: 55 Upon sentencing on a conviction for any offense, where the court has 56 not issued an order of protection pursuant to section 530.12 of this 
 A. 5630 4 1 article, the court may, in addition to any other disposition, including 2 a conditional discharge or youthful offender adjudication, enter an 3 order of protection. Where a temporary order of protection was issued, 4 the court shall state on the record the reasons for issuing or not issu- 5 ing an order of protection. The duration of such an order shall be fixed 6 by the court and, in the case of a felony conviction, shall not exceed 7 the greater of: (i) five years from the date of such sentencing, or (ii) 8 three years from the date of the expiration of the maximum term of an 9 indeterminate sentence of imprisonment actually imposed; or in the case 10 of a conviction for a class A misdemeanor, shall not exceed three years 11 from the date of such sentencing; or in the case of a conviction for any 12 other offense, shall not exceed one year from the date of sentencing. 13 For purposes of determining the duration of an order of protection 14 entered pursuant to this subdivision, a conviction shall be deemed to 15 include a conviction that has been replaced by a youthful offender adju- 16 dication. Any order of protection entered pursuant to this section shall 17 be extended for up to two years past the date that such order expires if 18 the court finds an extreme case for such extension and states on the 19 record the reasons for the extension. For purposes of this paragraph, 20 "extreme case" shall mean a threat of harm to the protected party 21 continues; defendant has been found guilty of repeated criminal contempt 22 due to a violation of an order of protection; defendant has continued to 23 express intent to commit harm to, intimidate or threaten the protected 24 party. In addition to any other conditions such an order may require 25 that the defendant: 26 § 6. This act shall take effect on the ninetieth day after it shall 27 have become a law; provided that the amendments to the opening paragraph 28 of subdivision 5 of section 530.12 of the criminal procedure law, made 29 by section two of this act, and the amendments to the opening paragraph 30 of subdivision 4 of section 530.13 of the criminal procedure law, made 31 by section four of this act, shall be subject to the expiration and 32 reversion of such paragraphs pursuant to subdivision d of section 74 of 33 chapter 3 of the laws of 1995, as amended, when upon such date the 34 provisions of sections three and five of this act shall take effect.