CPL § 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.
NYSentencing