§ 530.13 — Protection of victims of crimes, other than family offenses

New York § 530.13

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 530: Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

Text

§ 530.13 Protection of victims of crimes, other than family offenses.\n 1. When any criminal action is pending, and the court has not issued a\ntemporary order of protection pursuant to section 530.12 of this\narticle, the court, in addition to the other powers conferred upon it by\nthis chapter, may for good cause shown issue a temporary order of\nprotection in conjunction with any securing order or an adjournment in\ncontemplation of dismissal. In addition to any other conditions, such an\norder may require that the defendant:\n (a) stay away from the home, school, business or place of employment\nof the victims of, or designated witnesses to, the alleged offense;\n (b) refrain from harassing, intimidating, threatening or otherwise\ninterfering with the victims of the alleged offense and such members of\nthe family or household of such victims or designated witnesses as shall\nbe specifically named by the court in such order;\n (c) 1. to refrain from intentionally injuring or killing, without\njustification, any companion animal the defendant knows to be owned,\npossessed, leased, kept or held by such victim or victims or a minor\nchild residing in such victim's or victims' household.\n 2. "Companion animal", as used in this section, shall have the same\nmeaning as in subdivision five of section three hundred fifty of the\nagriculture and markets law;\n (d) 1. to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n 2. For purposes of this paragraph, "connected device" shall mean any\ndevice, or other physical object that is capable of connecting to the\ninternet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address.\n In addition to the foregoing provisions, the court may issue an order,\npursuant to section two hundred twenty-seven-c of the real property law,\nauthorizing the party for whose benefit any order of protection has been\nissued to terminate a lease or rental agreement pursuant to section two\nhundred twenty-seven-c of the real property law.\n 2. The court may issue a temporary order of protection under this\nsection ex parte upon the filing of an accusatory instrument and for\ngood cause shown.\n 3. The court may issue or extend a temporary order of protection under\nthis section ex parte simultaneously with the issuance of a warrant for\nthe arrest of the defendant. Such temporary order of protection may\ncontinue in effect until the day the defendant subsequently appears in\ncourt pursuant to such warrant or voluntarily or otherwise.\n 4. * Upon sentencing on a conviction for any offense, where the court\nhas not issued an order of protection pursuant to section 530.12 of this\narticle, the court may, in addition to any other disposition, including\na conditional discharge or youthful offender adjudication, enter an\norder of protection. Where a temporary order of protection was issued,\nthe court shall state on the record the reasons for issuing or not\nissuing an order of protection. The duration of such an order shall be\nfixed by the court and; (A) in the case of a felony conviction, shall\nnot exceed the greater of: (i) eight years from the date of such\nsentencing, except where the sentence is or includes a sentence of\nprobation on a conviction for a felony sexual assault, as provided in\nsubparagraph (iii) of paragraph (a) of subdivision three of section\n65.00 of the penal law, in which case, ten years from the date of such\nsentencing, or (ii) eight years from the date of the expiration of the\nmaximum term of an indeterminate or the term of a determinate sentence\nof imprisonment actually imposed; or (B) in the case of a conviction for\na class A misdemeanor, shall not exceed the greater of: (i) five years\nfrom the date of such sentencing, except where the sentence is or\nincludes a sentence of probation on a conviction for a misdemeanor\nsexual assault, as provided in subparagraph (ii) of paragraph (b) of\nsubdivision three of section 65.00 of the penal law, in which case, six\nyears from the date of such sentencing or (ii) five years from the date\nof the expiration of the maximum term of a definite or intermittent term\nactually imposed; or (C) in the case of a conviction for any other\noffense, shall not exceed the greater of: (i) two years from the date of\nsentencing, or (ii) two years from the date of the expiration of the\nmaximum term of a definite or intermittent term actually imposed. For\npurposes of determining the duration of an order of protection entered\npursuant to this subdivision, a conviction shall be deemed to include a\nconviction that has been replaced by a youthful offender adjudication.\nIn addition to any other conditions such an order may require that the\ndefendant:\n * NB Effective until September 1, 2027\n * Upon sentencing on a conviction for any offense, where the court has\nnot issued an order of protection pursuant to section 530.12 of this\narticle, the court may, in addition to any other disposition, including\na conditional discharge or youthful offender adjudication, enter an\norder of protection. Where a temporary order of protection was issued,\nthe court shall state on the record the reasons for issuing or not\nissuing an order of protection. The duration of such an order shall be\nfixed by the court and, in the case of a felony conviction, shall not\nexceed the greater of: (i) five years from the date of such sentencing,\nor (ii) three years from the date of the expiration of the maximum term\nof an indeterminate sentence of imprisonment actually imposed; or in the\ncase of a conviction for a class A misdemeanor, shall not exceed three\nyears from the date of such sentencing; or in the case of a conviction\nfor any other offense, shall not exceed one year from the date of\nsentencing. For purposes of determining the duration of an order of\nprotection entered pursuant to this subdivision, a conviction shall be\ndeemed to include a conviction that has been replaced by a youthful\noffender adjudication. In addition to any other conditions such an order\nmay require that the defendant:\n * NB Effective September 1, 2027\n (a) stay away from the home, school, business or place of employment\nof the victim or victims, or of any witness designated by the court, of\nsuch offense;\n (b) refrain from harassing, intimidating, threatening or otherwise\ninterfering with the victim or victims of the offense and such members\nof the family or household of such victim or victims as shall be\nspecifically named by the court in such order;\n (c) 1. to refrain from intentionally injuring or killing, without\njustification, any companion animal the defendant knows to be owned,\npossessed, leased, kept or held by such victim or victims or a minor\nchild residing in such victim's or victims' household.\n 2. "Companion animal", as used in this section, shall have the same\nmeaning as in subdivision five of section three hundred fifty of the\nagriculture and markets law;\n (d) 1. to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n 2. For purposes of this paragraph, "connected device" shall mean any\ndevice, or other physical object that is capable of connecting to the\ninternet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address.\n * 5. The court shall inquire as to the existence of any other orders\nof protection between the defendant and the person or persons for whom\nthe order of protection is sought. An order of protection issued under\nthis section shall plainly state the date that such order expires.\nOrders of protection issued to protect victims of domestic violence, as\ndefined in section four hundred fifty-nine-a of the social services law,\nshall be on uniform statewide forms that shall be promulgated by the\nchief administrator of the courts in a manner to ensure the\ncompatibility of such forms with the statewide registry of orders of\nprotection and warrants established pursuant to section two hundred\ntwenty-one-a of the executive law. A copy of an order of protection or a\ntemporary order of protection issued pursuant to subdivision one, two,\nthree, or four of this section shall be filed by the clerk of the court\nwith the sheriff's office in the county in which such victim or victims\nreside, or, if the victim or victims reside within a city, with the\npolice department of such city. A copy of such order of protection or\ntemporary order of protection may from time to time be filed by the\nclerk of the court with any other police department or sheriff's office\nhaving jurisdiction of the residence, work place, and school of anyone\nintended to be protected by such order. A copy of the order may also be\nfiled by the victim or victims at the appropriate police department or\nsheriff's office having jurisdiction. Any subsequent amendment or\nrevocation of such order shall be filed in the same manner as herein\nprovided.\n * NB Effective until October 1, 2026\n * 5. The court shall inquire as to the existence of any other orders\nof protection between the defendant and the person or persons for whom\nthe order of protection is sought. An order of protection issued under\nthis section shall plainly state the date that such order expires.\nOrders of protection issued to protect victims of domestic violence, as\ndefined in section four hundred fifty-nine-a of the social services law,\nshall be on uniform statewide forms that shall be promulgated by the\nchief administrator of the courts in a manner to ensure the\ncompatibility of such forms with the statewide registry of orders of\nprotection and warrants established pursuant to section two hundred\ntwenty-one-a of the executive law. A copy of an order of protection or a\ntemporary order of protection issued pursuant to subdivision one, two,\nthree, or four of this section shall be filed by the clerk of the court\nwith the sheriff's office in the county in which such victim or victims\nreside, or, if the victim or victims reside within a city, with the\npolice department of such city, and shall be filed with the computerized\nregistry of orders of protection and arrest warrants established\npursuant to section two hundred twenty-one-a of the executive law where\nthe court determines that such filing is required to implement the\npurposes of such order. A copy of such order of protection or temporary\norder of protection may from time to time be filed by the clerk of the\ncourt with any other police department or sheriff's office having\njurisdiction of the residence, work place, and school of anyone intended\nto be protected by such order. A copy of the order may also be filed by\nthe victim or victims at the appropriate police department or sheriff's\noffice having jurisdiction. Any subsequent amendment or revocation of\nsuch order shall be filed in the same manner as herein provided.\n * NB Effective October 1, 2026\n 6. In any proceeding in which an order of protection or temporary\norder of protection or a warrant has been issued under this section, the\nclerk of the court shall issue to the victim and the defendant and\ndefense counsel and to any other person affected by the order, a copy of\nthe order of protection or temporary order of protection and ensure that\na copy of the order of protection or temporary order of protection be\ntransmitted to the local correctional facility where the individual is\nor will be detained, the state or local correctional facility where the\nindividual is or will be imprisoned, and the supervising probation\ndepartment or department of corrections and community supervision where\nthe individual is under probation or parole supervision. The\npresentation of a copy of such order or a warrant to any police officer\nor peace officer acting pursuant to his or her special duties shall\nconstitute authority for him or her to arrest a person who has violated\nthe terms of such order and bring such person before the court and,\notherwise, so far as lies within his or her power, to aid in securing\nthe protection such order was intended to afford.\n 7. Punishment for contempt based upon a violation of an order or\nprotection or temporary order of protection issued under this section\nshall not affect a pending criminal action, nor reduce or diminish a\nsentence upon conviction for any other crimes or offenses.\n 8. If a defendant is brought before the court for failure to obey any\nlawful order issued under this section and if, after hearing, the court\nis satisfied by competent proof that the defendant has willfully failed\nto obey any such order, the court may:\n (a) revoke an order of recognizance, release under non-monetary\nconditions or bail and commit the defendant to custody; or\n (b) restore the case to the calendar when there has been an\nadjournment in contemplation of dismissal and commit the defendant to\ncustody or impose or increase bail pending a trial of the original crime\nor violation; or\n (c) revoke a conditional discharge in accordance with section 410.70\nof this chapter and impose probation supervision or impose a sentence of\nimprisonment in accordance with the penal law based on the original\nconviction; or\n (d) revoke probation in accordance with section 410.70 of this chapter\nand impose a sentence of imprisonment in accordance with the penal law\nbased on the original conviction. In addition, if the act which\nconstitutes the violation of the order of protection or temporary order\nof protection is a crime or a violation the defendant may be charged\nwith and tried for that crime or violation.\n 9. The chief administrator of the courts shall promulgate appropriate\nuniform temporary order of protection and order of protection forms to\nbe used throughout the state.\n