BILL NUMBER: S150
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to allowing
lifetime orders of protection in certain cases
 
PURPOSE::
This bill permits service of ex parte orders of protection for up to one
year from issuance and creates a lifetime order of protection that can
be issued to a victim of certain felony offenses to prohibit the offen-
der from coming about or communicating with the victim.
 
SUMMARY OF PROVISIONS::
An order of protection granted under this bill will:
(1) Prohibit the respondent from coming about the petitioner for any
purpose, from telephoning, contacting or otherwise communicating with
the petitioner, directly or indirectly;
(2) Include a statement of the maximum penalty that may be imposed for
violating such order; and
(3) Be valid and enforceable in any county of this state.
Upon violation of a lifetime order of protection, the court may hold the
defendant in civil or criminal contempt and, following a contempt hear-
ing, punish the defendant in accordance with the law. In addition to the
authorized punishments for contempt of court, the judge may assess any
person who violates a lifetime order of protection, or a court-approved
consent agreement be made under an income assignment to the clerk of
court. Upon collecting the civil penalty, the clerk will send the money
to the state treasurer who will deposit it in the domestic violence
community education fund.
An arrest for violation of a lifetime order of protection issued pursu-
ant to this bill may be with or without warrant. A law enforcement offi-
cer will arrest the respondent with a warrant if:
(1) The officer has proper jurisdiction over the area in which the
violation occurred;
(2) The office has reasonable cause to believe the respondent has
violated or is in violation of a lifetime order for protection; and
(3) The officer has verified whether a lifetime order of protection is
in effect against the respondent, If necessary, the officer may verify
the existence of a lifetime order for protection by telephone or radio
communication with the appropriate law enforcement agency
 
JUSTIFICATION::
Under present law, if the respondent has been served with a copy of the
petition, notice of hearing, and any ex parte order, then any subsequent
order protection is effective when the order is entered. An order is
considered entered when such order is signed by: the judge and all
parties or counsel; the judge and one party or counsel and contains a
certificate of the clerk that a copy has been served on all parties'or
counsel. Present law describes the manner in which service is to be made
and provides generally that process must be served within 60 days of
issuance. This bill adds, not notwithstanding the 60-day requirement, an
ex parte order of protection may be served within one year of issuance.
This bill, which is modeled legislation in Tennessee creating order of
protection, would allow courts to issue orders of protection ordering
criminal defendants who have been convicted of the most serious violent
crimes to stay away from and refrain from contacting those they harmed
in the commission of their crimes. Orders of protection are important
tools for protecting crime victims and this bill would ensure that those
protections last for the entire lifetime of victims of the most serious
crimes.
 
LEGISLATIVE HISTORY::
2024 S.2275/A/6395; 2022 S.7908
 
FISCAL IMPLICATIONS::
None to the State
 
EFFECTIVE DATE::
Immediately.

Statutes affected:
S150: 530.12 criminal procedure law, 530.12(5) criminal procedure law, 530.13 criminal procedure law, 530.13(4) criminal procedure law