Bill Text: NY S05295 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the extension of an order of protection for aggravating circumstances; allows for a lifetime order of protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S05295 Detail]

Download: New_York-2023-S05295-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5295

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 1, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the family court act, in relation to the extension of an
          order of protection for aggravating circumstances

          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 section 842 of  the  family  court
     2  act,  as  amended by chapter 335 of the laws of 2019, is amended to read
     3  as follows:
     4    An order of protection under section eight hundred forty-one  of  this
     5  part  shall  set  forth reasonable conditions of behavior to be observed
     6  for a period not in excess of two years by the petitioner or  respondent
     7  or  for  a  period not in excess of five years upon (i) a finding by the
     8  court on the record of the existence  of  aggravating  circumstances  as
     9  defined  in  paragraph (vii) of subdivision (a) of section eight hundred
    10  twenty-seven of this article; or (ii) a finding  by  the  court  on  the
    11  record  that  the  conduct  alleged in the petition is in violation of a
    12  valid order of protection.  Any  finding  of  aggravating  circumstances
    13  pursuant  to  this  section  shall  be stated on the record and upon the
    14  order of protection. [The court may also, upon motion, extend the  order
    15  of  protection  for  a  reasonable period of time upon a showing of good
    16  cause or consent of the parties] The court  shall  also,  upon  request,
    17  extend the order of protection for aggravating circumstances, as defined
    18  in  paragraph  (vii) of subdivision (a) of section eight hundred twenty-
    19  seven of this article, to a lifetime order of protection. The fact  that
    20  abuse  has  not  occurred  during the pendency of an order shall not, in
    21  itself, constitute sufficient ground for denying or  failing  to  extend
    22  the  order.  The  court  must articulate a basis for its decision on the
    23  record. The duration of any temporary order shall not  by  itself  be  a
    24  factor  in  determining  the  length or issuance of any final order. Any
    25  order of protection issued pursuant to this section shall specify if  an
    26  order of probation is in effect. Any order of protection issued pursuant
    27  to this section may require the petitioner or the respondent:
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00034-01-3