Bill Text: NY S03263 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires mandatory jail time of no less than thirty days for repeat violators of orders of protection.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2018-06-04 - referred to judiciary [S03263 Detail]
Download: New_York-2017-S03263-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3263 2017-2018 Regular Sessions IN SENATE January 20, 2017 ___________ Introduced by Sens. PARKER, COMRIE, HAMILTON, KENNEDY, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, the family court act and the criminal procedure law, in relation to requiring mandatory prison sentences for repeat violators of orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph h of subdivision 3 of section 240 of the domestic 2 relations law, as amended by chapter 1 of the laws of 2013, is amended 3 to read as follows: 4 h. Upon issuance of an order of protection or temporary order of 5 protection or upon a violation of such order, the court shall make a 6 determination regarding the suspension and revocation of a license to 7 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 8 ity for such a license and the surrender of firearms in accordance with 9 sections eight hundred forty-two-a and eight hundred forty-six-a of the 10 family court act, as applicable. Upon issuance of an order of protection 11 pursuant to this section or upon a finding of a violation thereof, the 12 court also may direct payment of restitution in an amount not to exceed 13 ten thousand dollars in accordance with subdivision (e) of section eight 14 hundred forty-one of such act; provided, however, that in no case shall 15 an order of restitution be issued where the court determines that the 16 party against whom the order would be issued has already compensated the 17 injured party or where such compensation is incorporated in a final 18 judgment or settlement of the action. If the person so violating the 19 order has been found to have violated such order on more than one occa- 20 sion, and this violation consisted of committing a family offense as 21 defined in subdivision one of section eight hundred twelve of the family 22 court act or subdivision one of section 530.11 of the criminal procedure 23 law, the court shall commit such person to a term of imprisonment of no EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07412-01-7S. 3263 2 1 less than thirty days, which may be served upon certain specified days 2 or parts of days as the court may direct. 3 § 2. Subdivision 9 of section 252 of the domestic relations law, as 4 amended by chapter 1 of the laws of 2013, is amended to read as 5 follows: 6 9. Upon issuance of an order of protection or temporary order of 7 protection or upon a violation of such order, the court shall make a 8 determination regarding the suspension and revocation of a license to 9 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 10 ity for such a license and the surrender of firearms in accordance with 11 sections eight hundred forty-two-a and eight hundred forty-six-a of the 12 family court act, as applicable. Upon issuance of an order of protection 13 pursuant to this section or upon a finding of a violation thereof, the 14 court also may direct payment of restitution in an amount not to exceed 15 ten thousand dollars in accordance with subdivision (e) of section eight 16 hundred forty-one of such act; provided, however, that in no case shall 17 an order of restitution be issued where the court determines that the 18 party against whom the order would be issued has already compensated the 19 injured party or where such compensation is incorporated in a final 20 judgment or settlement of the action. If the person so violating the 21 order has been found to have violated such order on more than one occa- 22 sion, and this violation consisted of committing a family offense as 23 defined in subdivision one of section eight hundred twelve of the family 24 court act or subdivision one of section 530.11 of the criminal procedure 25 law, the court shall commit such person to a term of imprisonment of no 26 less than thirty days, which may be served upon certain specified days 27 or parts of days as the court may direct. 28 § 3. Section 846-a of the family court act, as amended by chapter 1 of 29 the laws of 2013, is amended to read as follows: 30 § 846-a. Powers on failure to obey order. If a respondent is brought 31 before the court for failure to obey any lawful order issued under this 32 article or an order of protection or temporary order of protection 33 issued pursuant to this act or issued by a court of competent jurisdic- 34 tion of another state, territorial or tribal jurisdiction and if, after 35 hearing, the court is satisfied by competent proof that the respondent 36 has willfully failed to obey any such order, the court may modify an 37 existing order or temporary order of protection to add reasonable condi- 38 tions of behavior to the existing order, make a new order of protection 39 in accordance with section eight hundred forty-two of this part, may 40 order the forfeiture of bail in a manner consistent with article five 41 hundred forty of the criminal procedure law if bail has been ordered 42 pursuant to this act, may order the respondent to pay the petitioner's 43 reasonable and necessary counsel fees in connection with the violation 44 petition where the court finds that the violation of its order was will- 45 ful, and may commit the respondent to jail for a term not to exceed six 46 months. If the respondent has been found by competent proof to have 47 willfully failed to obey such order of protection on more than one occa- 48 sion, and this willful failure consisted of committing a family offense 49 as defined in subdivision one of section eight hundred twelve of this 50 article or subdivision one of section 530.11 of the criminal procedure 51 law, the court shall commit such person to a term of imprisonment of not 52 less than thirty days. Such commitment may be served upon certain speci- 53 fied days or parts of days as the court may direct, and the court may, 54 at any time within the term of such sentence, revoke such suspension and 55 commit the respondent for the remainder of the original sentence, or 56 suspend the remainder of such sentence. If the court determines that theS. 3263 3 1 willful failure to obey such order involves violent behavior constitut- 2 ing the crimes of menacing, reckless endangerment, assault or attempted 3 assault and if such a respondent is licensed to carry, possess, repair 4 and dispose of firearms pursuant to section 400.00 of the penal law, the 5 court may also immediately revoke such license and may arrange for the 6 immediate surrender pursuant to subparagraph (f) of paragraph one of 7 subdivision a of section 265.20 and subdivision six of section 400.05 of 8 the penal law, and disposal of any firearm such respondent owns or 9 possesses. If the willful failure to obey such order involves the 10 infliction of physical injury as defined in subdivision nine of section 11 10.00 of the penal law or the use or threatened use of a deadly weapon 12 or dangerous instrument, as those terms are defined in subdivisions 13 twelve and thirteen of section 10.00 of the penal law, such revocation 14 and immediate surrender pursuant to subparagraph (f) of paragraph one of 15 subdivision a of section 265.20 and subdivision six of section 400.05 of 16 the penal law [six] and disposal of any firearm owned or possessed by 17 respondent shall be mandatory, pursuant to subdivision eleven of section 18 400.00 of the penal law. 19 § 4. Subdivision 11 of section 530.12 of the criminal procedure law, 20 as amended by chapter 498 of the laws of 1993, the opening paragraph as 21 amended by chapter 597 of the laws of 1998, paragraph (a) as amended by 22 chapter 222 of the laws of 1994 and paragraph (d) as amended by chapter 23 644 of the laws of 1996, is amended to read as follows: 24 11. If a defendant is brought before the court for failure to obey 25 any lawful order issued under this section, or an order of protection 26 issued by a court of competent jurisdiction in another state, territo- 27 rial or tribal jurisdiction, and if, after hearing, the court is satis- 28 fied by competent proof that the defendant has willfully failed to obey 29 any such order, (a) the court may: 30 [(a)] (i) revoke an order of recognizance or revoke an order of bail 31 or order forfeiture of such bail and commit the defendant to custody; or 32 [(b)] (ii) restore the case to the calendar when there has been an 33 adjournment in contemplation of dismissal and commit the defendant to 34 custody; or 35 [(c)] (iii) revoke a conditional discharge in accordance with section 36 410.70 of this chapter and impose probation supervision or impose a 37 sentence of imprisonment in accordance with the penal law based on the 38 original conviction; or 39 [(d)] (iv) revoke probation in accordance with section 410.70 of this 40 chapter and impose a sentence of imprisonment in accordance with the 41 penal law based on the original conviction. In addition, if the act 42 which constitutes the violation of the order of protection or temporary 43 order of protection is a crime or a violation the defendant may be 44 charged with and tried for that crime or violation; and 45 (b) If the court finds that the defendant has willfully failed to obey 46 such order of protection on more than one occasion and this willful 47 failure consisted of committing a family offense as defined in subdivi- 48 sion one of this section or subdivision one of section eight hundred 49 twelve of the family court act, the court shall commit such person to a 50 term of imprisonment of not less than thirty days, which may be served 51 upon certain specified days or parts of days as the court may direct. 52 § 5. Subdivision 8 of section 530.13 of the criminal procedure law, as 53 added by chapter 388 of the laws of 1984, is amended to read as follows: 54 8. If a defendant is brought before the court for failure to obey any 55 lawful order issued under this section and if, after hearing, the courtS. 3263 4 1 is satisfied by competent proof that the defendant has willfully failed 2 to obey any such order, (a) the court may: 3 [(a)] (i) revoke an order of recognizance or bail and commit the 4 defendant to custody; or 5 [(b)] (ii) restore the case to the calendar when there has been an 6 adjournment in contemplation of dismissal and commit the defendant to 7 custody or impose or increase bail pending a trial of the original crime 8 or violation; or 9 [(c)] (iii) revoke a conditional discharge in accordance with section 10 410.70 of this chapter and impose probation supervision or impose a 11 sentence of imprisonment in accordance with the penal law based on the 12 original conviction; or 13 [(d)] (iv) revoke probation in accordance with section 410.70 of this 14 chapter and impose a sentence of imprisonment in accordance with the 15 penal law based on the original conviction. In addition, if the act 16 which constitutes the violation of the order of protection or temporary 17 order of protection is a crime or a violation the defendant may be 18 charged with and tried for that crime or violation; and 19 (b) If the court finds that the defendant has willfully failed to obey 20 such order of protection on more than one occasion and this willful 21 failure consisted of committing a family offense as defined in subdivi- 22 sion one of section 530.11 of this article or subdivision one of section 23 eight hundred twelve of the family court act, the court shall commit 24 such person to a term of imprisonment of not less than thirty days, 25 which may be served upon certain specified days or parts of days as the 26 court may direct. 27 § 6. This act shall take effect on the first of November next succeed- 28 ing the date on which it shall have become a law.
