New York A 5222: Allows lifetime orders of protection in certain cases

Bill Text

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A05222 Summary:

BILL NOA05222 

&nbsp

SAME ASSAME AS S00150

&nbsp

SPONSORDeStefano

&nbsp

COSPNSRBrabenec, Brown K, Morinello, Angelino, Brown E, McDonough, Buttenschon, Tague, Lemondes,
 Brook-Krasny

&nbsp

MLTSPNSR

&nbsp

Amd §§530.12 & 530.13, add §530.13-a, CP L

&nbsp

Allows lifetime orders of protection when the respondent is convicted of certain felonies or an attempt to commit such felonies.

Go to top A05222 Actions:

BILL NOA05222 

&nbsp

02/12/2025referred to codes

01/07/2026referred to codes

Go to topA05222 Committee&nbspVotes:

Go to topA05222 Floor&nbspVotes:

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

Go to topA05222 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5222

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, BRABENEC, K. BROWN, MORINELLO, ANGELI-
 NO, E. BROWN, McDONOUGH, BUTTENSCHON, TAGUE, LEMONDES -- read once and
 referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to allowing
 lifetime orders of protection in certain cases

 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 5 of section 530.12 of
 2 the criminal procedure law, as amended by chapter 240 of the laws of
 3 2015, is amended to read as follows:
 4 Upon sentencing on a conviction for any crime or violation between
 5 spouses, between a parent and child, or between members of the same
 6 family or household as defined in subdivision one of section 530.11 of
 7 this article, the court may in addition to any other disposition,
 8 including a conditional discharge or youthful offender adjudication,
 9 enter an order of protection. Where a temporary order of protection was
 10 issued, the court shall state on the record the reasons for issuing or
 11 not issuing an order of protection. The duration of such an order shall
 12 be fixed by the court and: (A) in the case of a felony conviction, shall
 13 not exceed the greater of: (i) eight years from the date of such
 14 sentencing[, except where the sentence is or includes a sentence of
 15 probation on a conviction for a felony sexual assault, as provided in
 16 subparagraph (iii) of paragraph (a) of subdivision three of section
 17 65.00 of the penal law, in which case, ten years from the date of such
 18 sentencing], or (ii) eight years from the date of the expiration of the
 19 maximum term of an indeterminate or the term of a determinate sentence
 20 of imprisonment actually imposed, or (iii) the lifetime of the defendant
 21 or the victim, whichever is shorter, in the case of a conviction for any
 22 felony under article one hundred twenty, one hundred twenty-five, one
 23 hundred thirty, one hundred thirty-five or two hundred sixty-three or
 24 section 255.25, 255.26 or 255.27 of the penal law, or an attempt to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00584-01-5

 A. 5222 2

 1 commit any felony under such articles or sections; or (B) in the case of
 2 a conviction for a class A misdemeanor, shall not exceed the greater of:
 3 (i) five years from the date of such sentencing, except where the
 4 sentence is or includes a sentence of probation on a conviction for a
 5 misdemeanor sexual assault, as provided in subparagraph (ii) of para-
 6 graph (b) of subdivision three of section 65.00 of the penal law, in
 7 which case, six years from the date of such sentencing, or (ii) five
 8 years from the date of the expiration of the maximum term of a definite
 9 or intermittent term actually imposed; or (C) in the case of a
 10 conviction for any other offense, shall not exceed the greater of: (i)
 11 two years from the date of sentencing, or (ii) two years from the date
 12 of the expiration of the maximum term of a definite or intermittent term
 13 actually imposed. For purposes of determining the duration of an order
 14 of protection entered pursuant to this subdivision, a conviction shall
 15 be deemed to include a conviction that has been replaced by a youthful
 16 offender adjudication. In addition to any other conditions, such an
 17 order may require the defe