Bill Text: NY S04762 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to determinations of willful violations of orders of protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S04762 Detail]

Download: New_York-2017-S04762-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4762
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 27, 2017
                                       ___________
        Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Children and Families
        AN ACT to amend the family court act, in relation to  determinations  of
          willful violations 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. Section 846-a of the family court act, as amended by  chap-
     2  ter 1 of the laws of 2013, is amended to read as follows:
     3    §  846-a.  Powers  on  failure  to  obey order. (a) If a respondent is
     4  brought before the court for failure to obey  any  lawful  order  issued
     5  under  this  article  or  an  order  of protection or temporary order of
     6  protection issued pursuant to this act or issued by a court of competent
     7  jurisdiction of another state, territorial or  tribal  jurisdiction  and
     8  if,  after  hearing,  the court is satisfied by competent proof that the
     9  respondent has willfully failed to obey any such order, the court may:
    10    (i) modify an existing order or temporary order of protection  to  add
    11  reasonable conditions of behavior to the existing order,
    12    (ii)  make  a new order of protection in accordance with section eight
    13  hundred forty-two of this part, [may]
    14    (iii) order the forfeiture of bail in a manner consistent with article
    15  five hundred forty of the  criminal  procedure  law  if  bail  has  been
    16  ordered pursuant to this act, [may]
    17    (iv)  order  the  respondent  to  pay  the petitioner's reasonable and
    18  necessary counsel fees in connection with the violation  petition  where
    19  the court finds that the violation of its order was willful, and [may]
    20    (v) commit the respondent to jail for a term not to exceed six months.
    21  [Such]  A  commitment  under  this  paragraph may be served upon certain
    22  specified days or parts of days as  the  court  may  direct  or  may  be
    23  suspended,  and  the  court  may,  at  any  time within the term of such
    24  sentence, revoke such direction or suspension and commit the  respondent
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06795-01-7
        S. 4762                             2
     1  for  the remainder of the original sentence, or suspend the remainder of
     2  such sentence. A commitment under this paragraph to a definite jail term
     3  as a result of a determination of criminal contempt, whether or not such
     4  term  has  been  suspended, must be based upon proof beyond a reasonable
     5  doubt.
     6    (b) If the court determines that the  willful  failure  to  obey  such
     7  order  involves  violent  behavior  constituting the crimes of menacing,
     8  reckless endangerment, assault  or  attempted  assault  and  if  such  a
     9  respondent is licensed to carry, possess, repair and dispose of firearms
    10  pursuant  to  section  400.00 of the penal law, the court may also imme-
    11  diately revoke such license and may arrange for the immediate  surrender
    12  pursuant  to  subparagraph  (f)  of  paragraph  one  of subdivision a of
    13  section 265.20 and subdivision six of section 400.05 of the  penal  law,
    14  and disposal of any firearm such respondent owns or possesses.
    15    (c)  If the willful failure to obey such order involves the infliction
    16  of physical injury as defined in subdivision nine of  section  10.00  of
    17  the penal law or the use or threatened use of a deadly weapon or danger-
    18  ous  instrument,  as  those terms are defined in subdivisions twelve and
    19  thirteen of section 10.00 of the penal law, such revocation and  immedi-
    20  ate  surrender pursuant to subparagraph (f) of paragraph one of subdivi-
    21  sion a of section 265.20 and subdivision six of section  400.05  of  the
    22  penal  law  [six]  and  disposal  of  any  firearm owned or possessed by
    23  respondent shall be mandatory, pursuant to subdivision eleven of section
    24  400.00 of the penal law.
    25    § 2. This act shall take effect immediately.