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Article 530 - NY Criminal Procedure Law

ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS AUTHORIZED

Section Description
530.10Order of recognizance or bail; in general.
530.11Procedures for family offense matters.
530.12Protection for victims of family offenses.
530.13Protection of victims of crimes, other than family offenses.
530.14Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms.
530.20Order of recognizance or bail; by local criminal court when action is pending therein.
530.30Order of recognizance or bail; by superior court judge when action is pending in local criminal court.
530.40Order of recognizance or bail; by superior court when action is pending therein.
530.45Order of recognizance or bail; after conviction and before sentence.
530.50Order of recognizance or bail; during pendency of appeal.
530.60Order of recognizance or bail; revocation thereof.
530.70Order of recognizance or bail; bench warrant.
530.80Order of recognizance or bail; surrender of defendant.
 S 530.10 Order of recognizance or bail; in general.
  Under   circumstances  prescribed  in  this  article,  a  court,  upon
  application of a defendant charged with or convicted of an  offense,  is
  required  or authorized to order bail or recognizance for the release or
  prospective release of such defendant during the pendency of either:
    1.  A criminal action based upon such charge; or
    2.  An appeal taken by the defendant from a judgment of conviction  or
  a sentence or from an order of an intermediate appellate court affirming
  or modifying a judgment of conviction or a sentence.

S 530.11 Procedures for family offense matters.
  1.  Jurisdiction.  The family court and the criminal courts shall have
  concurrent jurisdiction over any proceeding concerning acts which  would
  constitute   disorderly   conduct,   harassment  in  the  first  degree,
  harassment in the second degree, aggravated  harassment  in  the  second
  degree,  sexual misconduct, forcible touching, sexual abuse in the third
  degree, sexual abuse in the second degree as set  forth  in  subdivision
  one  of  section  130.60 of the penal law, stalking in the first degree,
  stalking in the second degree, stalking in the third degree, stalking in
  the fourth degree, criminal mischief, menacing  in  the  second  degree,
  menacing  in  the  third degree, reckless endangerment, strangulation in
  the  first  degree,  strangulation  in  the  second   degree,   criminal
  obstruction  of  breathing  or  blood circulation, assault in the second
  degree, assault in the third degree  or  an  attempted  assault  between
  spouses  or  former  spouses,  or  between  parent  and child or between
  members of the same family or household except that  if  the  respondent
  would not be criminally responsible by reason of age pursuant to section
  30.00  of  the  penal  law,  then  the family court shall have exclusive
  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
  election  to  proceed  in  family court, the criminal court shall not be
  divested of jurisdiction to hear a family offense proceeding pursuant to
  this  section.  For  purposes  of  this  section,  "disorderly  conduct"
  includes  disorderly conduct not in a public place. For purposes of this
  section, "members of the same family or household"  with  respect  to  a
  proceeding in the criminal courts shall mean the following:
    (a) persons related by consanguinity or affinity;
    (b) persons legally married to one another;
    (c) persons formerly married to one another regardless of whether they
  still reside in the same household;
    (d)  persons  who  have  a child in common, regardless of whether such
  persons have been married or have lived together at any time; and
    (e) persons who are not related by consanguinity or affinity  and  who
  are  or have been in an intimate relationship regardless of whether such
  persons have lived together at any time. Factors the court may  consider
  in  determining  whether  a  relationship  is an "intimate relationship"
  include but are not limited to: the  nature  or  type  of  relationship,
  regardless  of  whether  the  relationship  is  sexual  in  nature;  the
  frequency of interaction between the persons; and the  duration  of  the
  relationship.  Neither a casual acquaintance nor ordinary fraternization
  between two individuals in business or social contexts shall  be  deemed
  to constitute an "intimate relationship".
    2.  Information  to petitioner or complainant. The chief administrator
  of the  courts  shall  designate  the  appropriate  probation  officers,
  warrant  officers,  sheriffs, police officers, district attorneys or any
  other law enforcement officials, to inform any petitioner or complainant
  bringing a proceeding under  this  section  before  such  proceeding  is
  commenced,  of  the  procedures  available for the institution of family
  offense proceedings, including but not limited to the following:
    (a) That there is  concurrent  jurisdiction  with  respect  to  family
  offenses in both family court and the criminal courts;
    (b)  That  a  family court proceeding is a civil proceeding and is for
  the purpose of attempting to stop the violence,  end  family  disruption
  and  obtain  protection.  That  referrals  for counseling, or counseling
  services, are available through probation for this purpose;
    (c) That a proceeding in the criminal courts is  for  the  purpose  of
  prosecution  of  the offender and can result in a criminal conviction of
  the offender;
    (d) That a proceeding or action subject  to  the  provisions  of  this
  section  is  initiated  at  the  time  of  the  filing  of an accusatory
  instrument or family court petition, not  at  the  time  of  arrest,  or
  request for arrest, if any;
    (f) That an arrest may precede the commencement of a family court or a
  criminal  court  proceeding,  but  an  arrest  is  not a requirement for
  commencing either proceeding.
    (h) At such time as the complainant first appears before the court  on
  a  complaint or information, the court shall advise the complainant that
  the complainant may: continue with the proceeding in criminal court;  or
  have   the  allegations  contained  therein  heard  in  a  family  court
  proceeding; or proceed concurrently in both criminal and  family  court.
  Notwithstanding a complainant's election to proceed in family court, the
  criminal  court  shall  not be divested of jurisdiction to hear a family
  offense proceeding pursuant to this section;
    (i) Nothing herein shall be deemed to limit or restrict  complainant's
  rights  to  proceed  directly  and  without  court  referral in either a
  criminal or family court, or  both,  as  provided  for  in  section  one
  hundred  fifteen  of  the  family  court  act and section 100.07 of this
  chapter;
    2-a. Upon the filing of an accusatory instrument charging a  crime  or
  violation  described  in subdivision one of this section between members
  of the same family or household, as  such  terms  are  defined  in  this
  section,  or  as soon as the complainant first appears before the court,
  whichever is sooner, the court shall advise the complainant of the right
  to proceed in both the criminal and family courts, pursuant  to  section
  100.07 of this chapter.
    3.  Official  responsibility.  No  official or other person designated
  pursuant to subdivision two of this section shall discourage or  prevent
  any person who wishes to file a petition or sign a complaint from having
  access to any court for that purpose.
    4.  When  a  person  is  arrested  for an alleged family offense or an
  alleged violation of an  order  of  protection  or  temporary  order  of
  protection  or  arrested  pursuant to a warrant issued by the supreme or
  family court, and the supreme or family court, as applicable, is not  in
  session,  such  person shall be brought before a local criminal court in
  the county of  arrest  or  in  the  county  in  which  such  warrant  is
  returnable  pursuant to article one hundred twenty of this chapter. Such
  local criminal court may issue any order  authorized  under  subdivision
  eleven   of   section  530.12  of  this  article,  section  one  hundred
  fifty-four-d or one hundred  fifty-five  of  the  family  court  act  or
  subdivision three-b of section two hundred forty or subdivision two-a of
  section two hundred fifty-two of the domestic relations law, in addition
  to  discharging  other arraignment responsibilities as set forth in this
  chapter. In making such order, the local criminal court  shall  consider
  the  bail recommendation, if any, made by the supreme or family court as
  indicated  on  the  warrant  or  certificate  of  warrant.  Unless   the
  petitioner  or complainant requests otherwise, the court, in addition to
  scheduling further criminal proceedings, if any, regarding such  alleged
  family   offense   or  violation  allegation,  shall  make  such  matter
  returnable in the supreme or family court, as applicable,  on  the  next
  day such court is in session.
    5.  Filing  and  enforcement  of  out-of-state orders of protection. A
  valid order of protection or temporary order of protection issued  by  a
  court  of competent jurisdiction in another state, territorial or tribal
  jurisdiction shall be accorded full faith and credit and enforced as  if
  it  were  issued  by  a  court within the state for as long as the order
  remains in  effect  in  the  issuing  jurisdiction  in  accordance  with
  sections  two  thousand  two  hundred  sixty-five  and  two thousand two
  hundred sixty-six of title eighteen of the United States Code.
    (a)  An  order  issued by a court of competent jurisdiction in another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    (i) the issuing court had personal jurisdiction over the  parties  and
  over the subject matter under the law of the issuing jurisdiction;
    (ii)  the  person  against  whom  the  order was issued had reasonable
  notice and an opportunity to be heard prior to issuance  of  the  order;
  provided, however, that if the order was a temporary order of protection
  issued  in  the  absence  of such person, that notice had been given and
  that an opportunity to be heard had been provided  within  a  reasonable
  period of time after the issuance of the order; and
    (iii)  in  the  case  of  orders  of protection or temporary orders of
  protection issued against both a petitioner,  plaintiff  or  complainant
  and  respondent  or defendant, the order or portion thereof sought to be
  enforced was  supported  by:  (A)  a  pleading  requesting  such  order,
  including,   but   not   limited   to,  a  petition,  cross-petition  or
  counterclaim; and (B) a judicial finding that the  requesting  party  is
  entitled  to  the issuance of the order which may result from a judicial
  finding of fact, judicial  acceptance  of  an  admission  by  the  party
  against  whom  the  order  was issued or judicial finding that the party
  against whom the order was issued had  given  knowing,  intelligent  and
  voluntary consent to its issuance.
    (b)  Notwithstanding the provisions of article fifty-four of the civil
  practice law and rules, an order of protection  or  temporary  order  of
  protection issued by a court of competent jurisdiction in another state,
  territorial  or  tribal  jurisdiction,  accompanied by a sworn affidavit
  that upon information and belief such order is in effect as written  and
  has  not  been  vacated  or  modified, may be filed without fee with the
  clerk of the court, who shall transmit information regarding such  order
  to   the  statewide  registry  of  orders  of  protection  and  warrants
  established  pursuant  to  section  two  hundred  twenty-one-a  of   the
  executive  law;  provided,  however, that such filing and registry entry
  shall not be required for enforcement of the order.
    6. Notice. Every police officer, peace officer  or  district  attorney
  investigating  a  family  offense  under  this  article shall advise the
  victim of the availability  of  a  shelter  or  other  services  in  the
  community,  and  shall immediately give the victim written notice of the
  legal rights and remedies available to a  victim  of  a  family  offense
  under  the relevant provisions of the criminal procedure law, the family
  court act and the domestic relations law. Such notice shall be  prepared
  in  Spanish and English and if necessary, shall be delivered orally, and
  shall include but not be limited to the following statement:
    "If you are the victim of domestic violence, you may request that  the
  officer  assist  in providing for your safety and that of your children,
  including providing information on how to obtain a  temporary  order  of
  protection.  You  may  also  request  that  the  officer  assist  you in
  obtaining your essential personal effects and locating and  taking  you,
  or  assist  in  making  arrangements to take you, and your children to a
  safe place within such officer's jurisdiction, including but not limited
  to a  domestic  violence  program,  a  family  member's  or  a  friend's
  residence, or a similar place of safety. When the officer's jurisdiction
  is  more  than  a  single county, you may ask the officer to take you or
  make arrangements to take you and your children to a place of safety  in
  the  county  where the incident occurred. If you or your children are in
  need of medical treatment, you  have  the  right  to  request  that  the
  officer  assist you in obtaining such medical treatment. You may request
  a copy of any incident reports at  no  cost  from  the  law  enforcement
  agency.  You  have  the right to seek legal counsel of your own choosing
  and if you proceed in family court and if  it  is  determined  that  you
  cannot  afford  an  attorney,  one  must  be  appointed to represent you
  without cost to you.
    You may ask the district attorney or a law enforcement officer to file
  a  criminal complaint. You also have the right to file a petition in the
  family court when a family offense has been committed against  you.  You
  have  the  right  to  have  your  petition  and  request for an order of
  protection filed on the same day you appear in court, and  such  request
  must  be heard that same day or the next day court is in session. Either
  court may issue an order  of  protection  from  conduct  constituting  a
  family offense which could include, among other provisions, an order for
  the respondent or defendant to stay away from you and your children. The
  family  court  may also order the payment of temporary child support and
  award temporary custody of your children. If the family court is not  in
  session,  you  may  seek immediate assistance from the criminal court in
  obtaining an order of protection.
    The forms you need to obtain an order of protection are available from
  the family court  and  the  local  criminal  court  (the  addresses  and
  telephone  numbers  shall  be  listed).  The resources available in this
  community for information relating to domestic  violence,  treatment  of
  injuries,  and  places of safety and shelters can be accessed by calling
  the following 800 numbers (the statewide English  and  Spanish  language
  800  numbers  shall  be  listed  and  space  shall be provided for local
  domestic violence hotline telephone numbers).
    Filing a criminal complaint or  a  family  court  petition  containing
  allegations that are knowingly false is a crime."
    The  division  of  criminal  justice services in consultation with the
  state office for the prevention of domestic violence shall  prepare  the
  form  of  such written notice consistent with provisions of this section
  and  distribute  copies  thereof  to  the  appropriate  law  enforcement
  officials   pursuant  to  subdivision  nine  of  section  eight  hundred
  forty-one of the executive law.
    Additionally, copies of such notice shall be  provided  to  the  chief
  administrator  of  the  courts  to  be  distributed to victims of family
  offenses through the criminal court at such time as such  persons  first
  come  before  the  court  and  to  the  state  department  of health for
  distribution to all hospitals defined under article twenty-eight of  the
  public  health  law. No cause of action for damages shall arise in favor
  of any person by reason of any failure to comply with the provisions  of
  this  subdivision  except  upon a showing of gross negligence or willful
  misconduct.
    7.  Rules  of  court  regarding  concurrent  jurisdiction.  The  chief
  administrator  of  the  courts, pursuant to paragraph (e) of subdivision
  two of section two hundred twelve of the judiciary law, shall promulgate
  rules to facilitate record sharing and other communication  between  the
  criminal  and  family  courts,  subject to applicable provisions of this
  chapter and the family court  act  pertaining  to  the  confidentiality,
  expungement and sealing of records, when such courts exercise concurrent
  jurisdiction over family offense proceedings.

S 530.12 Protection for victims of family offenses.
  1.  When  a  criminal action is pending involving a complaint charging
  any crime or violation  between  spouses,  former  spouses,  parent  and
  child, or between members of the same family or household, as members of
  the  same  family or household are defined in subdivision one of section
  530.11 of this article, the court,  in  addition  to  any  other  powers
  conferred  upon  it  by  this  chapter  may  issue  a temporary order of
  protection  in  conjunction  with  any  securing  order  committing  the
  defendant  to  the custody of the sheriff or as a condition of any order
  of recognizance or bail or an adjournment in contemplation of dismissal.
    (a) In addition to any other conditions, such an order may require the
  defendant: (1) to stay away from the home, school, business or place  of
  employment  of  the  family  or  household  member  or of any designated
  witness, provided that the court shall make a determination,  and  shall
  state such determination in a written decision or on the record, whether
  to  impose  a  condition  pursuant  to this paragraph, provided further,
  however, that failure to make such a determination shall not affect  the
  validity   of  such  temporary  order  of  protection.  In  making  such
  determination, the court shall consider, but shall  not  be  limited  to
  consideration of, whether the temporary order of protection is likely to
  achieve  its purpose in the absence of such a condition, conduct subject
  to prior orders of protection, prior incidents of abuse, past or present
  injury, threats, drug or alcohol abuse, and access to weapons;
    (2) to permit a parent, or a person entitled to visitation by a  court
  order or a separation agreement, to visit the child at stated periods;
    (3)  to  refrain  from  committing  a  family  offense,  as defined in
  subdivision one of section 530.11  of  this  article,  or  any  criminal
  offense  against  the child or against the family or household member or
  against any person to whom custody of the  child  is  awarded,  or  from
  harassing, intimidating or threatening such persons;
    (4)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety and welfare of a  child,  family
  or household member's life or health;
    (5)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue in this proceeding or in any other proceeding or action under this
  chapter, the family court act or the domestic relations law;
    (6)  (A)  to  refrain  from intentionally injuring or killing, without
  justification, any companion animal the defendant  knows  to  be  owned,
  possessed,  leased, kept or held by the victim or a minor child residing
  in the household.
    (B) "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;
    (7) (A) to promptly return specified identification documents  to  the
  protected  party,  in  whose  favor the order of protection or temporary
  order of protection is issued; provided, however, that such  order  may:
  (i)  include  any appropriate provision designed to ensure that any such
  document is available for  use  as  evidence  in  this  proceeding,  and
  available if necessary for legitimate use by the party against whom such
  order  is issued; and (ii) specify the manner in which such return shall
  be accomplished.
    (B) For purposes of this subparagraph, "identification document" shall
  mean any of the following: (i) exclusively in the name of the  protected
  party:   birth  certificate,  passport,  social  security  card,  health
  insurance or other benefits card, a card  or  document  used  to  access
  bank,  credit  or  other financial accounts or records, tax returns, any
  driver's license, and immigration documents including but not limited to
  a United States permanent resident  card  and  employment  authorization
  document; and (ii) upon motion and after notice and an opportunity to be
  heard,  any of the following, including those that may reflect joint use
  or   ownership,   that  the  court  determines  are  necessary  and  are
  appropriately transferred to the protected party: any card  or  document
  used  to access bank, credit or other financial accounts or records, tax
  returns, and any other identifying cards and documents.
    (b) 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.  Notwithstanding  any  other provision of law, a temporary order of
  protection issued or continued by a family  court  pursuant  to  section
  eight hundred thirteen of the family court act shall continue in effect,
  absent  action by the appropriate criminal court pursuant to subdivision
  three of  this  section,  until  the  defendant  is  arraigned  upon  an
  accusatory  instrument  filed pursuant to section eight hundred thirteen
  of the family court act in such criminal court.
    3. The court may issue a temporary order of protection ex  parte  upon
  the  filing of an accusatory instrument and for good cause shown. When a
  family court order of protection is modified, the criminal  court  shall
  forward  a  copy  of such modified order to the family court issuing the
  original order of protection; provided, however, that where  a  copy  of
  the  modified  order  is transmitted to the family court by facsimile or
  other electronic means, the original copy of  such  modified  order  and
  accompanying affidavit shall be forwarded immediately thereafter.
    3-a.  Emergency  powers  when family court not in session; issuance of
  temporary orders of protection. Upon the request of  the  petitioner,  a
  local criminal court may on an ex parte basis issue a temporary order of
  protection  pending  a  hearing  in  family court, provided that a sworn
  affidavit, verified in accordance with subdivision one of section 100.30
  of this chapter, is submitted: (i) alleging that the family court is not
  in  session;  (ii)  alleging  that  a  family  offense,  as  defined  in
  subdivision  one of section eight hundred twelve of the family court act
  and subdivision  one  of  section  530.11  of  this  article,  has  been
  committed;  (iii) alleging that a family offense petition has been filed
  or will be filed in family court  on  the  next  day  the  court  is  in
  session;  and  (iv)  showing  good  cause.  Upon  appearance  in a local
  criminal court, the petitioner shall be  advised  that  he  or  she  may
  continue  with  the proceeding either in family court or upon the filing
  of a local criminal court accusatory instrument  in  criminal  court  or
  both.  Upon issuance of a temporary order of protection where petitioner
  requests that it be returnable in family court, the local criminal court
  shall transfer the matter forthwith to the family court and  shall  make
  the  matter  returnable in family court on the next day the family court
  is in session, or as soon thereafter as practicable,  but  in  no  event
  more  than  four  calendar  days  after issuance of the order. The local
  criminal court, upon issuing a temporary order of protection  returnable
  in family court pursuant to this subdivision, shall immediately forward,
  in a manner designed to insure arrival before the return date set in the
  order,  a  copy of the temporary order of protection and sworn affidavit
  to the family court and shall provide a copy of such temporary order  of
  protection  to  the  petitioner; provided, however, that where a copy of
  the temporary order of protection and affidavit are transmitted  to  the
  family  court by facsimile or other electronic means, the original order
  and affidavit  shall  be  forwarded  to  the  family  court  immediately
  thereafter.  Any  temporary  order of protection issued pursuant to this
  subdivision shall be issued to the respondent, and copies shall be filed
  as required in subdivisions six and eight of this section for orders  of
  protection  issued  pursuant  to  this  section.  Any temporary order of
  protection  issued  pursuant to this subdivision shall plainly state the
  date that such order expires which, in the case of an  order  returnable
  in  family  court,  shall  be not more than four calendar days after its
  issuance, unless sooner vacated or  modified  by  the  family  court.  A
  petitioner  requesting  a  temporary  order  of protection returnable in
  family court pursuant to this subdivision in a case in  which  a  family
  court  petition has not been filed shall be informed that such temporary
  order of protection shall expire as  provided  for  herein,  unless  the
  petitioner files a petition pursuant to subdivision one of section eight
  hundred  twenty-one of the family court act on or before the return date
  in family court and  the  family  court  issues  a  temporary  order  of
  protection  or  order of protection as authorized under article eight of
  the family court  act.  Nothing  in  this  subdivision  shall  limit  or
  restrict  the  petitioner's  right to proceed directly and without court
  referral in either a criminal or family court, or both, as provided  for
  in  section  one  hundred  fifteen  of  the family court act and section
  100.07 of this chapter.
    3-b. Emergency powers when family court not in session;  modifications
  of  orders  of  protection  or  temporary orders of protection. Upon the
  request of the petitioner, a local criminal court may  on  an  ex  parte
  basis  modify  a  temporary  order  of protection or order of protection
  which has been issued under article four, five,  six  or  eight  of  the
  family  court  act  pending  a  hearing in family court, provided that a
  sworn affidavit verified in accordance with subdivision one  of  section
  100.30  of this chapter is submitted: (i) alleging that the family court
  is not in session and (ii) showing good cause, including a showing  that
  the existing order is insufficient for the purposes of protection of the
  petitioner,  the  petitioner's child or children or other members of the
  petitioner's family or household. The local criminal  court  shall  make
  the  matter regarding the modification of the order returnable in family
  court on the next day the  family  court  is  in  session,  or  as  soon
  thereafter  as practicable, but in no event more than four calendar days
  after issuance of  the  modified  order.  The  court  shall  immediately
  forward a copy of the modified order, if any, and sworn affidavit to the
  family  court  and  shall provide a copy of such modified order, if any,
  and affidavit to the petitioner; provided, however, that where copies of
  such modified order and affidavit are transmitted to the family court by
  facsimile or  other  electronic  means,  the  original  copies  of  such
  modified  order  and  affidavit  shall  be forwarded to the family court
  immediately thereafter. Any modified temporary order  of  protection  or
  order  of protection issued pursuant to this subdivision shall be issued
  to the respondent and copies shall be filed as required in  subdivisions
  six  and  eight of this section for orders of protection issued pursuant
  to this section.
    4. The court may issue or extend a temporary order  of  protection  ex
  parte or on notice simultaneously with the issuance of a warrant for the
  arrest  of 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.
    5.  * Upon  sentencing  on  a  conviction  for  any crime or violation
  between spouses, between a parent and child, or between members  of  the
  same family or household as defined in subdivision one of section 530.11
  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, 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, 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 the
  defendant:
    * NB Effective until September 1, 2017
    * Upon sentencing on a conviction for any crime or  violation  between
  spouses,  between  a  parent  and  child, or between members of the same
  family or household as defined in subdivision one of section  530.11  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 the defendant:
    * NB Effective September 1, 2017
    (a)  to  stay  away  from  the  home,  school,  business  or  place of
  employment of the family or household member, the other  spouse  or  the
  child,  or  of  any  witness  designated by the court, provided that the
  court shall make a determination, and shall state such determination  in
  a  written  decision  or  on  the  record, whether to impose a condition
  pursuant to this paragraph, provided further, however, that  failure  to
  make such a determination shall not affect the validity of such order of
  protection.  In making such determination, the court shall consider, but
  shall  not  be  limited  to  consideration  of,  whether  the  order  of
  protection is likely to achieve its purpose in the  absence  of  such  a
  condition,   conduct  subject  to  prior  orders  of  protection,  prior
  incidents of abuse, extent of past or present injury, threats,  drug  or
  alcohol abuse, and access to weapons;
    (b)  to permit a parent, or a person entitled to visitation by a court
  order or a separation agreement, to visit the child at stated periods;
    (c) to refrain  from  committing  a  family  offense,  as  defined  in
  subdivision  one  of  section  530.11  of  this article, or any criminal
  offense against the child or against the family or household  member  or
  against  any  person  to  whom  custody of the child is awarded, or from
  harassing, intimidating or threatening such persons; or
    (d)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety and welfare of a  child,  family
  or household member's life or health;
    (e)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue in this proceeding or in any other proceeding or action under this
  chapter, the family court act or the domestic relations law.
    6.  An  order  of protection or a temporary order of protection issued
  pursuant to subdivision one, two, three, four or five  of  this  section
  shall  bear  in  a  conspicuous manner the term "order of protection" or
  "temporary order of protection" as the case may be and a copy  shall  be
  filed  by the clerk of the court with the sheriff's office in the county
  in which the complainant resides, or, if the complainant resides  within
  a city, with the police department of such city. The order of protection
  or  temporary  order  of  protection  shall  also  contain the following
  notice: "This order of protection will remain  in  effect  even  if  the
  protected  party has, or consents to have, contact or communication with
  the party against whom the order is issued. This order of protection can
  only be modified or terminated by the court. The protected party  cannot
  be  held  to  violate  this  order  nor  be  arrested for violating this
  order.". The absence of such language shall not affect the  validity  of
  such  order.  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 complainant
  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.
    Such  order of protection shall plainly state the date that such order
  expires.
    6-a. 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.
    7. A family offense subject to the provisions of  this  section  which
  occurs  subsequent  to the issuance of an order of protection under this
  chapter shall be deemed a new offense for which the complainant may seek
  to file a new accusatory instrument and may file a family court petition
  under article eight of the family court act as provided for  in  section
  100.07 of this chapter.
    8.  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  complainant  and  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  peace  officer
  acting  pursuant  to  his  or her special duties or police officer 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. The protected party in
  whose  favor the order of protection or temporary order of protection is
  issued  may  not  be held to violate an order issued in his or her favor
  nor may such protected party be arrested for violating such order.
    9. If no warrant, order or temporary  order  of  protection  has  been
  issued  by  the  court,  and  an  act  alleged to be a family offense as
  defined in section 530.11 of this chapter is the basis  of  the  arrest,
  the  magistrate  shall  permit  the  complainant  to  file  a  petition,
  information or accusatory instrument and  for  reasonable  cause  shown,
  shall  thereupon  hold  such  respondent  or defendant, admit to, fix or
  accept bail, or parole him or her for hearing before the family court or
  appropriate criminal court as the complainant shall choose in accordance
  with the provisions of section 530.11 of this chapter.
    10. Punishment for contempt based  on  a  violation  of  an  order  of
  protection  or  temporary  order  of  protection  shall  not  affect the
  original criminal  action,  nor  reduce  or  diminish  a  sentence  upon
  conviction  for the original crime or violation alleged therein or for a
  lesser included offense thereof.
    11. If a defendant is brought before the court for failure to obey any
  lawful order issued under this section, or an order of protection issued
  by a court of competent jurisdiction in another  state,  territorial  or
  tribal  jurisdiction,  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 or revoke  an  order  of  bail  or
  order forfeiture of such 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
    (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.
    12. The chief administrator of the courts shall promulgate appropriate
  uniform temporary orders of protection and orders of protection forms to
  be  used  throughout  the  state.  Such  forms  shall be promulgated and
  developed in a manner to ensure the compatability of such forms with the
  statewide computerized registry  established  pursuant  to  section  two
  hundred twenty-one-a of the executive law.
    13.  Notwithstanding the foregoing provisions, an order of protection,
  or temporary order of protection when applicable, may be entered against
  a former spouse and persons who have a child in  common,  regardless  of
  whether  such  persons  have  been married or have lived together at any
  time, or against a member of the same family or household as defined  in
  subdivision one of section 530.11 of this article.
    14. The people shall make reasonable efforts to notify the complainant
  alleging  a  crime  constituting  a  family offense when the people have
  decided to decline prosecution of such crime, to  dismiss  the  criminal
  charges  against  the  defendant  or to enter into a plea agreement. The
  people shall advise the complainant of the right to file a  petition  in
  the  family court pursuant to section 100.07 of this chapter and section
  one hundred fifteen of the family court act.
    In any case where allegations of criminal conduct are transferred from
  the  family  court  to  the criminal court pursuant to paragraph (ii) of
  subdivision (b) of section eight hundred forty-six of the  family  court
  act, the people shall advise the family court making the transfer of any
  decision  to  file  an  accusatory  instrument  against the family court
  respondent and shall notify  such  court  of  the  disposition  of  such
  instrument and the sentence, if any, imposed upon such respondent.
    Release  of  a  defendant from custody shall not be delayed because of
  the requirements of this subdivision.
    15. Any motion to vacate or modify an order of protection or temporary
  order of protection shall be on notice to the non-moving  party,  except
  as provided in subdivision three-b of this section.

S 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  committing  the
  defendant to the custody of the sheriff or as a condition of a pre-trial
  release, or as a condition of release  on  bail  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.
    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,  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, 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, 2017
    * 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, 2017
    (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.
    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 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.

S 530.14 Suspension and revocation of a license to carry, possess,
         repair or dispose of a  firearm or firearms pursuant to
         section 400.00 of the penal law and ineligibility for such
         a license; order to surrender firearms.
  1. Suspension of firearms license and ineligibility for such a license
  upon issuance of temporary order of  protection.  Whenever  a  temporary
  order  of  protection  is  issued pursuant to subdivision one of section
  530.12 or subdivision one of section 530.13 of this article:
    (a) the court shall suspend any such existing license possessed by the
  defendant, order the defendant ineligible for such a license  and  order
  the  immediate surrender of any or all firearms owned or possessed where
  the court receives information  that  gives  the  court  good  cause  to
  believe  that  (i)  the  defendant has a prior conviction of any violent
  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
  defendant  has  previously been found to have willfully failed to obey a
  prior order of protection and such  willful  failure  involved  (A)  the
  infliction of physical injury, as defined in subdivision nine of section
  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
  or  dangerous  instrument  as  those  terms  are defined in subdivisions
  twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
  constituting  any  violent felony offense as defined in section 70.02 of
  the penal law; or  (iii)  the  defendant  has  a  prior  conviction  for
  stalking  in  the first degree as defined in section 120.60 of the penal
  law, stalking in the second degree as defined in section 120.55  of  the
  penal  law, stalking in the third degree as defined in section 120.50 of
  the penal law or stalking in the fourth degree  as  defined  in  section
  120.45 of such law; and
    (b)  the court shall where the court finds a substantial risk that the
  defendant may use or threaten to use a firearm  unlawfully  against  the
  person or persons for whose protection the temporary order of protection
  is issued, suspend any such existing license possessed by the defendant,
  order  the  defendant  ineligible  for  such  a  license  and  order the
  immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
  subdivision a of section 265.20 and subdivision six of section 400.05 of
  the penal law, of any or all firearms owned or possessed.
    2.  Revocation or suspension of firearms license and ineligibility for
  such a license upon issuance of an  order  of  protection.  Whenever  an
  order  of  protection  is issued pursuant to subdivision five of section
  530.12 or subdivision four of section 530.13 of this article:
    (a) the court shall revoke any such existing license possessed by  the
  defendant,  order  the defendant ineligible for such a license and order
  the immediate surrender of any or all firearms owned or possessed  where
  such action is required by section 400.00 of the penal law; and
    (b)  the court shall where the court finds a substantial risk that the
  defendant may use or threaten to use a firearm  unlawfully  against  the
  person  or  persons  for  whose  protection  the  order of protection is
  issued, (i) revoke any such existing license possessed by the defendant,
  order the  defendant  ineligible  for  such  a  license  and  order  the
  immediate  surrender  of  any or all firearms owned or possessed or (ii)
  suspend or continue to suspend any such existing  license  possessed  by
  the  defendant,  order  the  defendant ineligible for such a license and
  order the immediate surrender pursuant to subparagraph (f) of  paragraph
  one  of  subdivision  a of section 265.20 and subdivision six of section
  400.05 of the penal law, of any or all firearms owned or possessed.
    3. Revocation or suspension of firearms license and ineligibility  for
  such  a  license upon a finding of a willful failure to obey an order of
  protection. Whenever a defendant has been found pursuant to  subdivision
  eleven  of section 530.12 or subdivision eight of section 530.13 of this
  article to have willfully failed to obey an order of  protection  issued
  by  a  court  of  competent jurisdiction in this state or another state,
  territorial or tribal jurisdiction, in addition to  any  other  remedies
  available   pursuant   to   subdivision  eleven  of  section  530.12  or
  subdivision eight of section 530.13 of this article:
    (a) the court shall revoke any such existing license possessed by  the
  defendant,  order  the defendant ineligible for such a license and order
  the immediate surrender of any or all firearms owned or possessed  where
  the  willful  failure  to obey such order involved (i) the infliction of
  physical injury, as defined in subdivision nine of section 10.00 of  the
  penal  law,  (ii)  the  use  or  threatened  use  of  a deadly weapon or
  dangerous instrument as those terms are defined in  subdivisions  twelve
  and  thirteen  of  section  10.00  of  the  penal  law,  (iii)  behavior
  constituting any violent felony offense as defined in section  70.02  of
  the  penal  law;  or  (iv)  behavior  constituting stalking in the first
  degree as defined in section 120.60 of the penal law,  stalking  in  the
  second degree as defined in section 120.55 of the penal law, stalking in
  the  third  degree  as  defined  in  section  120.50 of the penal law or
  stalking in the fourth degree as defined in section 120.45 of such  law;
  and
    (b)  the court shall where the court finds a substantial risk that the
  defendant may use or threaten to use a firearm  unlawfully  against  the
  person  or  persons  for  whose  protection  the order of protection was
  issued, (i) revoke any such existing license possessed by the defendant,
  order the  defendant  ineligible  for  such  a  license  and  order  the
  immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
  subdivision a of section 265.20 and subdivision six of section 400.05 of
  the penal law, of any or all firearms owned or possessed or (ii) suspend
  any  such  existing  license  possessed  by  the  defendant,  order  the
  defendant  ineligible  for  such  a  license  and  order  the  immediate
  surrender pursuant to subparagraph (f) of paragraph one of subdivision a
  of section 265.20 and subdivision six of section  400.05  of  the  penal
  law, of any or all firearms owned or possessed.
    4.  Suspension.  Any  suspension order issued pursuant to this section
  shall remain in effect for  the  duration  of  the  temporary  order  of
  protection  or  order  of  protection, unless modified or vacated by the
  court.
    5. Surrender. (a) Where an order to surrender one or more firearms has
  been issued, the temporary order of protection or  order  of  protection
  shall  specify the place where such firearms shall be surrendered, shall
  specify a date and time by which the surrender shall be  completed  and,
  to  the extent possible, shall describe such firearms to be surrendered,
  and shall direct the authority receiving such  surrendered  firearms  to
  immediately notify the court of such surrender.
    (b)  The  prompt surrender of one or more firearms pursuant to a court
  order issued pursuant to this section shall be  considered  a  voluntary
  surrender   for  purposes  of  subparagraph  (f)  of  paragraph  one  of
  subdivision a of section 265.20 of the penal law. The disposition of any
  such firearms shall be in accordance with the provisions of  subdivision
  six of section 400.05 of the penal law.
    (c)  The  provisions  of  this  section  shall not be deemed to limit,
  restrict or otherwise impair the authority of the  court  to  order  and
  direct  the surrender of any or all pistols, revolvers, rifles, shotguns
  or other firearms owned or possessed by a defendant pursuant to sections
  530.12 or 530.13 of this article.
    6.  Notice.  (a)  Where  an  order  of   revocation,   suspension   or
  ineligibility  has  been  issued pursuant to this section, any temporary
  order of protection or order of protection issued shall state that  such
  firearm  license  has been suspended or revoked or that the defendant is
  ineligible for such license, as the case may be.
    (b)  The  court  revoking  or  suspending  the  license,  ordering the
  defendant ineligible for such a license, or ordering  the  surrender  of
  any  firearm  shall  immediately  notify  the  duly  constituted  police
  authorities of the locality concerning such action and, in the  case  of
  orders  of protection and temporary orders of protection issued pursuant
  to  section  530.12  of  this  article,  shall  immediately  notify  the
  statewide registry of orders of protection.
    (c)  The  court  revoking  or  suspending  the license or ordering the
  defendant ineligible for  such  a  license  shall  give  written  notice
  thereof without unnecessary delay to the division of state police at its
  office in the city of Albany.
    (d)  Where  an  order  of  revocation,  suspension,  ineligibility  or
  surrender is modified or vacated, the court shall immediately notify the
  statewide registry of orders of  protection  and  the  duly  constituted
  police authorities of the locality concerning such action and shall give
  written  notice  thereof  without  unnecessary  delay to the division of
  state police at its office in the city of Albany.
    7. Hearing. The defendant shall have the right to a hearing before the
  court regarding any revocation, suspension, ineligibility  or  surrender
  order  issued  pursuant  to  this section, provided that nothing in this
  subdivision shall preclude the court from issuing any such  order  prior
  to  a  hearing.  Where  the  court  has  issued such an order prior to a
  hearing, it shall commence such hearing within fourteen days of the date
  such order was issued.
    8. Nothing in this section shall delay or otherwise interfere with the
  issuance of a temporary order of protection or the timely arraignment of
  a defendant in custody.

S 530.20 Order of recognizance or bail; by local criminal court when
         action is pending therein.
   When a criminal action is pending in  a  local  criminal  court,  such
  court,  upon  application of a defendant, must or may order recognizance
  or bail as follows:
    1.    When  the  defendant  is  charged,  by  information,  simplified
  information,  prosecutor's information or misdemeanor complaint, with an
  offense or offenses of less than felony grade only, the court must order
  recognizance or bail.
    2.  When the defendant is charged, by felony complaint, with a felony,
  the court may, in its discretion, order recognizance or bail  except  as
  otherwise provided in this subdivision:
    (a)    A  city  court,  a  town court or a village court may not order
  recognizance or bail when (i) the defendant is charged with  a  class  A
  felony,  or  (ii)  it appears that the defendant has two previous felony
  convictions;
    (b)   No local criminal court may  order  recognizance  or  bail  with
  respect to a defendant charged with a felony unless and until:
    (i)    The  district  attorney  has been heard in the matter or, after
  knowledge or notice of the application and reasonable opportunity to  be
  heard,  has  failed  to appear at the proceeding or has otherwise waived
  his right to do so; and
    (ii)  The court has been furnished with a report of  the  division  of
  criminal  justice services concerning the defendant's criminal record if
  any or with a police department report with respect to  the  defendant's
  prior  arrest  record.   If neither report is available, the court, with
  the  consent  of  the  district  attorney,  may   dispense   with   this
  requirement;  provided, however, that in an emergency, including but not
  limited to a substantial impairment in the ability of such  division  or
  police  department to timely furnish such report, such consent shall not
  be required if, for reasons stated on the record,  the  court  deems  it
  unnecessary.   When the court has been furnished with any such report or
  record, it shall furnish a copy thereof to counsel for the defendant or,
  if the defendant is not represented by counsel, to the defendant.

S 530.30 Order of recognizance or bail; by superior court judge when
            action is pending in local criminal court.
 1.  When a criminal action is pending in a local criminal court, other
  than one consisting of a superior court judge sitting as such,  a  judge
  of  a  superior  court  holding  a  term  thereof  in  the  county, upon
  application of a defendant, may order recognizance  or  bail  when  such
  local criminal court:
    (a)  Lacks authority to issue such an order, pursuant to paragraph (a)
  of subdivision two of section 530.20; or
    (b)  Has denied an application for recognizance or bail; or
    (c)    Has fixed bail which is excessive.  In such case, such superior
  court judge may vacate the  order  of  such  local  criminal  court  and
  release  the  defendant  on his own recognizance or fix bail in a lesser
  amount or in a less burdensome form.
    2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
  defendant is charged with a felony in a local criminal court, a superior
  court  judge  may  not  order  recognizance or bail unless and until the
  district attorney has had an opportunity to be heard in the  matter  and
  such judge has been furnished with a report as described in subparagraph
  (ii) of paragraph (b) of subdivision two of section 530.20.
    3.    Not  more  than  one  application  may  be made pursuant to this
  section.

S 530.40 Order of recognizance or bail; by superior court when action is
           pending therein.
  When  a  criminal  action  is pending in a superior court, such court,
  upon application of a defendant, must or may order recognizance or  bail
  as follows:
    1.  When  the defendant is charged with an offense or offenses of less
  than felony grade only, the court must order recognizance or bail.
    2. When the defendant is charged with a felony, the court may, in  its
  discretion,  order  recognizance  or  bail. In any such case in which an
  indictment (a) has resulted from an order  of  a  local  criminal  court
  holding the defendant for the action of the grand jury, or (b) was filed
  at  a time when a felony complaint charging the same conduct was pending
  in a local criminal court, and in which such local criminal court  or  a
  superior  court  judge has issued an order of recognizance or bail which
  is still effective, the superior court's order may be in the form  of  a
  direction continuing the effectiveness of the previous order.
    3. Notwithstanding the provisions of subdivision two, a superior court
  may  not  order recognizance or bail, or permit a defendant to remain at
  liberty pursuant to an existing order, after he has  been  convicted  of
  either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
  defined in article one hundred thirty of  the  penal  law  committed  or
  attempted  to  be  committed  by a person eighteen years of age or older
  against a person less than eighteen years of age.  In  either  case  the
  court must commit or remand the defendant to the custody of the sheriff.
    4. Notwithstanding the provisions of subdivision two, a superior court
  may  not order recognizance or bail when the defendant is charged with a
  felony unless and until the district attorney has had an opportunity  to
  be  heard  in the matter and such court has been furnished with a report
  as described in subparagraph (ii) of paragraph (b) of subdivision two of
  section 530.20.

S 530.45 Order of recognizance or bail; after conviction and before sentence.
  1. When the defendant is at liberty in the course of a criminal action
  as a result of a prior order of  recognizance  or  bail  and  the  court
  revokes  such  order  and  then  either fixes no bail or fixes bail in a
  greater amount or in a more burdensome form than  was  previously  fixed
  and  remands or commits defendant to the custody of the sheriff, a judge
  designated  in  subdivision  two,  upon  application  of  the  defendant
  following  conviction  of  an  offense  other than a class A felony or a
  class B or class C felony offense defined in article one hundred  thirty
  of  the  penal  law  committed  or attempted to be committed by a person
  eighteen years of age or older against a person less than eighteen years
  of age, and before sentencing, may issue a  securing  order  and  either
  release defendant on his own recognizance, or fix bail, or fix bail in a
  lesser  amount  or  in a less burdensome form than fixed by the court in
  which the conviction was entered.
    2. An order as prescribed in subdivision one  may  be  issued  by  the
  following judges in the indicated situations:
    (a)  If  the  criminal  action  was pending in supreme court or county
  court, such order may be issued by a justice of the  appellate  division
  of the department in which the conviction was entered.
    (b) If the criminal action was pending in a local criminal court, such
  order  may  be  issued  by  a  judge  of a superior court holding a term
  thereof in the county in which the conviction was entered.
    3. An application for an order specified in this section must be  made
  upon  reasonable  notice  to the people, and the people must be accorded
  adequate opportunity to appear in opposition thereto. Not more than  one
  application  may be made pursuant to this section. Defendant must allege
  in his application that he intends to take an appeal to an  intermediate
  appellate court immediately after sentence is pronounced.
    4. Notwithstanding the provisions of subdivision one, if within thirty
  days  after  sentence  the  defendant  has  not  taken  an  appeal to an
  intermediate  appellate  court  from  the  judgment  or  sentence,   the
  operation  of  such  order  terminates  and the defendant must surrender
  himself to the criminal court in which the judgment was entered in order
  that execution of the judgment be commenced.
    5. Notwithstanding the provisions of subdivision one,  if  within  one
  hundred twenty days after the filing of the notice of appeal such appeal
  has  not  been  brought  to argument in or submitted to the intermediate
  appellate  court,  the  operation  of  such  order  terminates  and  the
  defendant  must  surrender  himself  to  the criminal court in which the
  judgment was  entered  in  order  that  execution  of  the  judgment  be
  commenced  or resumed; except that this subdivision does not apply where
  the intermediate appellate court has (a) extended the time for  argument
  or submission of the appeal to a date beyond the specified period of one
  hundred  twenty  days,  and  (b)  upon  application  of  the  defendant,
  expressly ordered that the operation of the  order  continue  until  the
  date  of the determination of the appeal or some other designated future
  date or occurrence.
    6. Where the defendant is at liberty during the pendency of an  appeal
  as   a  result  of  an  order  issued  pursuant  to  this  section,  the
  intermediate appellate court, upon affirmance of the judgment,  must  by
  appropriate  certificate  remit  the case to the criminal court in which
  such judgment was entered. The criminal court must, upon  at  least  two
  days  notice  to  the  defendant,  his surety and his attorney, promptly
  direct the defendant to surrender himself to the criminal court in order
  that execution of the judgment be commenced or resumed, and if necessary
  the criminal court may issue a bench warrant to secure his appearance.

S 530.50 Order of recognizance or bail; during pendency of appeal.
  A  judge  who  is  otherwise  authorized pursuant to section 460.50 or
  section 460.60 to issue an order of recognizance  or  bail  pending  the
  determination  of  an  appeal, may do so unless the defendant received a
  class A felony sentence or a sentence for any class B or class C  felony
  offense defined in article one hundred thirty of the penal law committed
  or  attempted to be committed by a person eighteen years of age or older
  against a person less than eighteen years of age.

S 530.60 Order of recognizance or bail; revocation thereof.
  1.  Whenever  in  the  course  of  a  criminal  action or proceeding a
  defendant is at liberty as a result of an order of recognizance or  bail
  issued pursuant to this chapter, and the court considers it necessary to
  review  such order, it may, and by a bench warrant if necessary, require
  the defendant to appear before the  court.  Upon  such  appearance,  the
  court,  for  good  cause  shown, may revoke the order of recognizance or
  bail. If the defendant is entitled to recognizance or bail as  a  matter
  of  right, the court must issue another such order. If he or she is not,
  the court may either issue such an order or commit the defendant to  the
  custody  of the sheriff. Where the defendant is committed to the custody
  of the sheriff and is held on  a  felony  complaint,  a  new  period  as
  provided  in  section  180.80 of this chapter shall commence to run from
  the time of the defendant's commitment under this subdivision.
    2. (a) Whenever in the course of a criminal  action  or  proceeding  a
  defendant  charged  with  the  commission of a felony is at liberty as a
  result of an order of recognizance  or  bail  issued  pursuant  to  this
  article it shall be grounds for revoking such order that the court finds
  reasonable  cause  to  believe  the  defendant  committed  one  or  more
  specified class A or violent felony offenses or intimidated a victim  or
  witness  in  violation of sections 215.15, 215.16 or 215.17 of the penal
  law while at liberty. Before revoking an order of recognizance  or  bail
  pursuant  to  this  subdivision, the court must hold a hearing and shall
  receive any relevant, admissible evidence not  legally  privileged.  The
  defendant   may   cross-examine  witnesses  and  may  present  relevant,
  admissible evidence on his own behalf. Such hearing may be  consolidated
  with,  and  conducted  at  the  same time as, a felony hearing conducted
  pursuant to article one hundred eighty of this chapter. A transcript  of
  testimony   taken  before  the  grand  jury  upon  presentation  of  the
  subsequent offense shall be admissible as evidence during  the  hearing.
  The  district  attorney  may move to introduce grand jury testimony of a
  witness in lieu of that witness' appearance at the hearing.
    (b) Revocation of an order of  recognizance  or  bail  and  commitment
  pursuant to this subdivision shall be for the following periods, either:
    (i) For a period not to exceed ninety days exclusive of any periods of
  adjournment requested by the defendant; or
    (ii) Until the charges contained within the accusatory instrument have
  been  reduced  or dismissed such that no count remains which charges the
  defendant with commission of a felony; or
    (iii) Until reduction or dismissal of the charges contained within the
  accusatory instrument charging the subsequent offense such that no count
  remains which charges the defendant with commission  of  a  class  A  or
  violent felony offense.
    Upon  expiration  of  any  of  the three periods specified within this
  paragraph, whichever is shortest, the court may grant  or  deny  release
  upon  an order of bail or recognizance in accordance with the provisions
  of this article. Upon conviction to an offense the provisions of article
  five hundred thirty of this chapter shall apply.
    (c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision  a defendant, against whom a felony complaint has been filed
  which charges the defendant with commission of  a  class  A  or  violent
  felony  offense  committed while he was at liberty as specified therein,
  may be committed to the custody of  the  sheriff  pending  a  revocation
  hearing  for  a  period  not  to exceed seventy-two hours. An additional
  period not to exceed seventy-two hours may be granted by the court  upon
  application  of  the  district  attorney upon a showing of good cause or
  where the failure to commence the hearing was  due  to  the  defendant's
  request  or  occurred  with his consent. Such good cause must consist of
  some compelling fact or  circumstance  which  precluded  conducting  the
  hearing within the initial prescribed period.

S 530.70 Order of recognizance or bail; bench warrant.
  1. A bench warrant issued by a superior court, by a district court, by
  the New York City criminal court or by a superior court judge sitting as
  a  local  criminal  court may be executed anywhere in the state. A bench
  warrant issued by a city court, a town court or a village court  may  be
  executed  in  the county of issuance or any adjoining county; and it may
  be executed anywhere else in the  state  upon  the  written  endorsement
  thereon  of  a local criminal court of the county in which the defendant
  is to be taken into custody. When so endorsed, the warrant is deemed the
  process of the endorsing court as well as that of the issuing court.
    2. A bench warrant may be addressed to: (a) any police  officer  whose
  geographical  area  of  employment  embraces  either the place where the
  offense charged was allegedly committed or the locality of the court  by
  which  the  warrant  is issued; or (b) any uniformed court officer for a
  court in the city of New York, the  county  of  Nassau,  the  county  of
  Suffolk or the county of Westchester or for any other court that is part
  of  the  unified court system of the state for execution in the building
  wherein such court officer is employed  or  in  the  immediate  vicinity
  thereof.  A  bench  warrant  must  be  executed  in the same manner as a
  warrant of arrest, as provided in  section  120.80,  and  following  the
  arrest,  such  executing  police  officer  or court officer must without
  unnecessary delay bring the defendant before the court in  which  it  is
  returnable;  provided,  however, if the court in which the bench warrant
  is returnable is a city, town or village court, and such  court  is  not
  available,  and the bench warrant is addressed to a police officer, such
  executing police  officer  must  without  unnecessary  delay  bring  the
  defendant  before  an  alternate  local  criminal  court, as provided in
  subdivision five of section 120.90; or if the court in which  the  bench
  warrant  is  returnable  is  a  superior  court,  and  such court is not
  available, and the bench warrant is addressed to a police officer,  such
  executing   police   officer  may  bring  the  defendant  to  the  local
  correctional facility of the county in which  such  court  sits,  to  be
  detained there until not later than the commencement of the next session
  of such court occurring on the next business day.
    2-a. A court which issues a bench warrant may attach thereto a summary
  of the basis for the warrant. In any case where, pursuant to subdivision
  two  of  this  section,  a  defendant  arrested  upon a bench warrant is
  brought before a local criminal court other than the court in which  the
  warrant  is  returnable,  such  local criminal court shall consider such
  summary before issuing a securing order with respect to the defendant.
    3. A bench warrant may be executed by (a) any officer to  whom  it  is
  addressed, or (b) any other police officer delegated to execute it under
  circumstances prescribed in subdivisions four and five.
    4.  The  issuing  court  may authorize the delegation of such warrant.
  Where the issuing court has so authorized, a police officer  to  whom  a
  bench  warrant  is addressed may delegate another police officer to whom
  it is not addressed to execute such warrant as his or her agent when:
    (a) He or she has reasonable cause to believe that the defendant is in
  a particular  county  other  than  the  one  in  which  the  warrant  is
  returnable; and
    (b)  The  geographical  area  of  employment  of  the delegated police
  officer embraces the locality where the arrest is to be made.
    5. Under circumstances  specified  in  subdivision  four,  the  police
  officer  to whom the bench warrant is addressed may inform the delegated
  officer, by telecommunication, mail or any other means, of the  issuance
  of  the  warrant,  of  the  offense charged in the underlying accusatory
  instrument and of all other pertinent details, and may  request  him  or
  her  to  act  as his or her agent in arresting the defendant pursuant to
  such bench warrant. Upon such request, the delegated police  officer  is
  to  the  same  extent as the delegating officer, authorized to make such
  arrest pursuant to the bench warrant within  the  geographical  area  of
  such delegated officer's employment. Upon so arresting the defendant, he
  or she must without unnecessary delay deliver the defendant or cause him
  or  her  to be delivered to the custody of the police officer by whom he
  or she was so delegated, and the latter must  then  without  unnecessary
  delay  bring  the defendant before the court in which such bench warrant
  is returnable.
    6. A bench warrant  may  be  executed  by  an  officer  of  the  state
  department  of  corrections  and  community  supervision  or a probation
  officer  when  the  person  named  within  the  warrant  is  under   the
  supervision  of  the department of corrections and community supervision
  or a department of probation and the probation officer is authorized  by
  his  or  her probation director, as the case may be. The warrant must be
  executed upon the same conditions and in the same manner as is otherwise
  provided for execution by a police officer.

S 530.80 Order of recognizance or bail; surrender of defendant.
   1.    At any time before the forfeiture of a bail bond, an obligor may
  surrender the  defendant  in  his  exoneration,  or  the  defendant  may
  surrender  himself,  to the court in which his case is pending or to the
  sheriff to whose custody he was committed at the time of giving bail, in
  the following manner:
    (a)   A certified copy of the bail  bond  must  be  delivered  to  the
  sheriff, who must detain the defendant in his custody thereon, as upon a
  commitment.  The sheriff must acknowledge the surrender by a certificate
  in  writing,  and  must  forthwith notify the court in which the case is
  pending that such surrender has been made.
    (b)  Upon the bail bond and the certificate of the  sheriff,  or  upon
  the  surrender  to  the  court  in which the case is pending, such court
  must, upon five days notice to the district  attorney,  order  that  the
  bail  be  exonerated.    On  filing  such  order, the bail is exonerated
  accordingly.
    2.  For the purpose of surrendering the defendant, an obligor  or  the
  person  who posted cash bail for the defendant may take him into custody
  at any place within the  state,  or  he  may,  by  a  written  authority
  indorsed  on  a certified copy of the bail bond, empower any person over
  twenty years of age to do so.
    3.  At any time before the forfeiture of cash bail, the defendant  may
  surrender  himself  or  the person who posted bail for the defendant may
  surrender the defendant in the manner prescribed in subdivision one.  In
  such case, the court must order a return of the money to the person  who
  posted  it,  upon  producing  the certificate of the sheriff showing the
  surrender, and upon a notice of five days to the district attorney.

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