New York A 5630: Relates to extensions of order of protection

Bill Text

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A05630 Summary:

BILL NOA05630 

&nbsp

SAME ASNo Same As

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SPONSORSempolinski

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COSPNSR

&nbsp

MLTSPNSR

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Amd §154-c, Fam Ct Act; amd §§530.12 & 530.13, CP L

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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.

Go to top A05630 Actions:

BILL NOA05630 

&nbsp

02/18/2025referred to codes

01/07/2026referred to codes

Go to topA05630 Committee&nbspVotes:

Go to topA05630 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05630 Text:

 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 c