NY Crim Pro L § 530.13 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized 530.13 - Protection of Victims of Crimes, Other Than Family Offenses.

§ 530.13 Protection of victims of crimes, other than family offenses.   1. When any criminal action is pending, and the court has not issued a temporary  order  of  protection  pursuant  to  section  530.12  of this article, the court, in addition to the other powers conferred upon it by this chapter, may for good  cause  shown  issue  a  temporary  order  of protection  in  conjunction with any securing order or an adjournment in contemplation of dismissal. In addition to any other conditions, such an order may require that the defendant:  (a) stay away from the home, school, business or place  of  employment of the victims of, or designated witnesses to, the alleged offense;  (b)  refrain  from  harassing,  intimidating, threatening or otherwise interfering with the victims of the alleged offense and such members  of the family or household of such victims or designated witnesses as shall be specifically named by the court in such order;  (c)  1.  to  refrain  from  intentionally injuring or killing, without justification, any companion animal the defendant  knows  to  be  owned, possessed,  leased,  kept  or  held by such victim or victims or a minor child residing in such victim's or victims' household.   2. "Companion animal", as used in this section, shall  have  the  same meaning  as  in  subdivision  five of section three hundred fifty of the agriculture and markets law;  (d) 1. to refrain from  remotely  controlling  any  connected  devices affecting  the  home, vehicle or property of the person protected by the order.   2. For purposes of this paragraph, "connected device" shall  mean  any device,  or  other  physical object that is capable of connecting to the internet, directly or indirectly,  and  that  is  assigned  an  internet protocol address or bluetooth address.   In addition to the foregoing provisions, the court may issue an order, pursuant to section two hundred twenty-seven-c of the real property law, authorizing the party for whose benefit any order of protection has been issued  to terminate a lease or rental agreement pursuant to section two hundred twenty-seven-c of the real property law.   2. The court may issue a temporary  order  of  protection  under  this section  ex  parte  upon  the filing of an accusatory instrument and for good cause shown.   3. The court may issue or extend a temporary order of protection under this section ex parte simultaneously with the issuance of a warrant  for the  arrest  of  the  defendant.  Such temporary order of protection may continue in effect until the day the defendant subsequently  appears  in court pursuant to such warrant or voluntarily or otherwise.   4.  * Upon sentencing on a conviction for any offense, where the court has not issued an order of protection pursuant to section 530.12 of this article, the court may, in addition to any other disposition,  including a  conditional  discharge  or  youthful  offender adjudication, enter an order of protection. Where a temporary order of protection  was  issued, the  court  shall  state  on  the  record the reasons for issuing or not issuing an order of protection. The duration of such an order  shall  be fixed  by  the  court and; (A) in the case of a felony conviction, shall not exceed the greater of:  (i)  eight  years  from  the  date  of  such sentencing,  except  where  the  sentence  is  or includes a sentence of probation on a conviction for a felony sexual assault,  as  provided  in subparagraph  (iii)  of  paragraph  (a)  of subdivision three of section 65.00 of the penal law, in which case, ten years from the date  of  such sentencing,  or  (ii) eight years from the date of the expiration of the maximum term of an indeterminate or the term of a  determinate  sentence of imprisonment actually imposed; or (B) in the case of a conviction for a  class  A misdemeanor, shall not exceed the greater of: (i) five years  from the date of such  sentencing,  except  where  the  sentence  is  or includes  a  sentence  of  probation  on  a conviction for a misdemeanor sexual assault, as provided in subparagraph (ii)  of  paragraph  (b)  of subdivision  three of section 65.00 of the penal law, in which case, six years from the date of such sentencing or (ii) five years from the  date of the expiration of the maximum term of a definite or intermittent term actually  imposed;  or  (C)  in  the  case of a conviction for any other offense, shall not exceed the greater of: (i) two years from the date of sentencing, or (ii) two years from the date of  the  expiration  of  the maximum  term  of  a definite or intermittent term actually imposed. For purposes of determining the duration of an order of  protection  entered pursuant  to this subdivision, a conviction shall be deemed to include a conviction that has been replaced by a youthful  offender  adjudication. In  addition  to any other conditions such an order may require that the defendant:   * NB Effective until September 1, 2023   * Upon sentencing on a conviction for any offense, where the court has not issued an order of protection pursuant to  section  530.12  of  this article,  the court may, in addition to any other disposition, including a conditional discharge or  youthful  offender  adjudication,  enter  an order  of  protection. Where a temporary order of protection was issued, the court shall state on the record  the  reasons  for  issuing  or  not issuing  an  order of protection. The duration of such an order shall be fixed by the court and, in the case of a felony  conviction,  shall  not exceed  the greater of: (i) five years from the date of such sentencing, or (ii) three years from the date of the expiration of the maximum  term of an indeterminate sentence of imprisonment actually imposed; or in the case  of  a conviction for a class A misdemeanor, shall not exceed three years from the date of such sentencing; or in the case of  a  conviction for  any  other  offense,  shall  not  exceed  one year from the date of sentencing. For purposes of determining the  duration  of  an  order  of protection  entered  pursuant to this subdivision, a conviction shall be deemed to include a conviction that has  been  replaced  by  a  youthful offender adjudication. In addition to any other conditions such an order may require that the defendant:   * NB Effective September 1, 2023  (a)  stay  away from the home, school, business or place of employment of the victim or victims, or of any witness designated by the court,  of such offense;  (b)  refrain  from  harassing,  intimidating, threatening or otherwise interfering with the victim or victims of the offense and  such  members of  the  family  or  household  of  such  victim  or victims as shall be specifically named by the court in such order;  (c) 1. to refrain from  intentionally  injuring  or  killing,  without justification,  any  companion  animal  the defendant knows to be owned, possessed, leased, kept or held by such victim or  victims  or  a  minor child residing in such victim's or victims' household.   2.  "Companion  animal",  as used in this section, shall have the same meaning as in subdivision five of section three  hundred  fifty  of  the agriculture and markets law;  (d)  1.  to  refrain  from  remotely controlling any connected devices affecting the home, vehicle or property of the person protected  by  the order.   2.  For  purposes of this paragraph, "connected device" shall mean any device, or other physical object that is capable of  connecting  to  the internet,  directly  or  indirectly,  and  that  is assigned an internet protocol address or bluetooth address.    5. The court shall inquire as to the existence of any other orders  of protection  between the defendant and the person or persons for whom the order of protection is sought. An order of protection issued under  this section  shall plainly state the date that such order expires. Orders of protection issued to protect victims of domestic violence, as defined in section  four  hundred fifty-nine-a of the social services law, shall be on uniform statewide forms  that  shall  be  promulgated  by  the  chief administrator  of  the courts in a manner to ensure the compatibility of such forms with the statewide  registry  of  orders  of  protection  and warrants established pursuant to section two hundred twenty-one-a of the executive  law. A copy of an order of protection or a temporary order of protection issued pursuant to subdivision one, two, three,  or  four  of this section shall be filed by the clerk of the court with the sheriff's office  in the county in which such victim or victims reside, or, if the victim or victims reside within a city, with the  police  department  of such  city.  A  copy  of  such order of protection or temporary order of protection may from time to time be filed by the clerk of the court with any other police department or sheriff's office having  jurisdiction  of the residence, work place, and school of anyone intended to be protected by  such  order.  A copy of the order may also be filed by the victim or victims at the appropriate police department or sheriff's office  having jurisdiction. Any subsequent amendment or revocation of such order shall be filed in the same manner as herein provided.   6.  In  any  proceeding  in  which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to  the  victim  and  the  defendant  and defense counsel and to any other person affected by the order, a copy of the order of protection or temporary order of protection and ensure that a  copy  of  the order of protection or temporary order of protection be transmitted to the local correctional facility where the  individual  is or  will be detained, the state or local correctional facility where the individual is or will  be  imprisoned,  and  the  supervising  probation department  or department of corrections and community supervision where the  individual  is  under  probation   or   parole   supervision.   The presentation  of a copy of such order or a warrant to any police officer or peace officer acting pursuant to his  or  her  special  duties  shall constitute  authority for him or her to arrest a person who has violated the terms of such order and bring such  person  before  the  court  and, otherwise,  so  far  as lies within his or her power, to aid in securing the protection such order was intended to afford.   7. Punishment for contempt based upon  a  violation  of  an  order  or protection  or  temporary  order of protection issued under this section shall not affect a pending criminal action, nor  reduce  or  diminish  a sentence upon conviction for any other crimes or offenses.   8.  If a defendant is brought before the court for failure to obey any lawful order issued under this section and if, after hearing, the  court is  satisfied by competent proof that the defendant has willfully failed to obey any such order, the court may:  (a) revoke  an  order  of  recognizance,  release  under  non-monetary conditions or bail and commit the defendant to custody; or  (b)  restore  the  case  to  the  calendar  when  there  has  been  an adjournment in contemplation of dismissal and commit  the  defendant  to custody or impose or increase bail pending a trial of the original crime or violation; or  (c)  revoke  a conditional discharge in accordance with section 410.70 of this chapter and impose probation supervision or impose a sentence of imprisonment in accordance with the penal  law  based  on  the  original conviction; or  (d) revoke probation in accordance with section 410.70 of this chapter and  impose  a sentence of imprisonment in accordance with the penal law based on  the  original  conviction.  In  addition,  if  the  act  which constitutes  the violation of the order of protection or temporary order of  protection  is  a  crime or a violation the defendant may be charged with and tried for that crime or violation.   9. The chief administrator of the courts shall promulgate  appropriate uniform  temporary  order of protection and order of protection forms to be used throughout the state.