senate Bill S5220A

Relates to orders of protection in matrimonial proceedings and to violation of orders of protection and temporary orders of protection and probation in matrimonial and family court proceedings

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 14 / May / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO JUDICIARY
  • 19 / Feb / 2014
    • PRINT NUMBER 5220A

Summary

Relates to orders of protection in matrimonial proceedings and to violation of orders of protection and temporary orders of protection and probation in matrimonial and family court proceedings.

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Bill Details

Versions:
S5220
S5220A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §§430, 446-a, 550, 552, 655, 656-a, 841 & 846-a, Fam Ct Act; amd §§240 & 252, Dom Rel L

Sponsor Memo

BILL NUMBER:S5220A

TITLE OF BILL: An act to amend the family court act and the domestic
relations law, in relation to conditions of orders of protection in
matrimonial proceedings and violations of orders of protection and
temporary orders of protection and probation in matrimonial and family
court proceedings

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

The Family Protection and Domestic Violence Intervention Act of 1994
was accompanied by .a legislative finding that "there are few more
prevalent or more serious problems confronting the families and
households of New York than domestic violence. ...The victims of
family offenses must be entitled to the fullest protections of the
civil and criminal laws." L. 1994, c. 222, § 1. To that end,
concurrent civil and criminal jurisdiction was provided both for
initial issuance and for enforcement of orders of protection. In
addition to enhancing criminal penalties for violations of orders of
protection, subsequent amendments strengthened civil enforcement
remedies, both in Family and Supreme Courts, most recently, the
firearms license and surrender remedies contained in the recently
enacted "SAFE" Act. See, e.g., L. 1996, c. 644; L. 1999, c. 606, 635;
L. 2013, c. 1. However, fragmentation and gaps in the civil
enforcement provisions of both the Family Court Act and the Domestic
Relations Law impede fulfillment of the promise of the 1994
legislation as well as the effectiveness of later enactments.

The instant measure would amend the Family Court Act and the Domestic
Relations Law to ensure equity and provide a clear road map for civil
enforcement of orders of protection in both Family and Supreme Courts.
The measure clarifies that all of the violation procedures and
consequences in Article B of the Family Court Act govern violations of
orders of protection and temporary orders of protection issued in
family offense, child support, paternity, child custody, visitation,
divorce and other matrimonial proceedings, thus building upon
incorporation in the SAFE Act of firearms license and suspension
remedies into these provisions of the Family Court Act and Domestic
Relations Law. Significantly, the measure would incorporate conditions
of orders of protection contained in Family Court family offense and
custody provisions that were omitted from the conditions enumerated
for orders of protection in matrimonial orders of protection,
specifically, conditions regarding participation in batterers'
education programs and compensation for medical care and treatment.

Additionally, consistent with chapter 579 of the Laws of 2003, this
measure would amend Family Court Act § 841(c) to authorize Family
Court to place a respondent on probation for a period of up to two
years or, where an order of protection pursuant to Family Court Act
842 has been issued for five years, a period of up to five years.
Since Family Court Act § 841 explicitly authorizes concurrent issuance
of both an order of probation and an order of protection as a
disposition of an Article 8 family offense proceeding, consistency in
the law dictates that the duration of both orders should be the same.
Indeed, when the Family Court Act was first enacted in 1962, both the


duration of probation and of orders of protection were set at one
year. See L. 1962, c. 686. Clearly, the duration of probation
supervision over a respondent in a family offense matter should be
coextensive with the duration of the order of protection, i.e.,
coextensive with the period of time determined by the Court as the
period necessary to protect a victim of family violence from suffering
further violence.

Violation procedures would be clarified by the incorporation by
reference in sections 430, 446-a, 550, 552, 655 and 656-a of the
Family Court Act of the following:

*procedures contained in Family Court Act § 846 for filing a violation
petition, serving notice upon, and, if necessary, apprehending the
respondent, and obtaining either a determination in Family Court or a
transfer of the matter to a criminal court;

*remedies contained in Family Court Act §§ 842-a and 846-a that are
available to the Family Court once a willful violation of an order of
protection or temporary order of protection has been found;* and

*options contained in Family Court Act § 847 for a victim of an
alleged act constituting a family offense to seek the filing of an
accusatory instrument in a criminal court**, as well as to file a new
family offense petition or a violation petition.

Further, section 846-a of the Family Court Act would be amended to
more clearly delineate the powers of Family Court to impose sanctions
upon finding a willful violation of an order of protection or
temporary order of protection and to modify or issue a new order of
protection or temporary order of protection. judicial authority to
place a violator on probation and to require, as a condition of
probation, inter alia, that the violator participate in and pay the
costs of a batterer's education program would be set forth -
consistent with the statutorily-required evaluation of the 1994
legislation by the State Office for the Prevention of Domestic
Violence and Division of Criminal Justice Services. Where a violator
already is on probation, the Court could revoke or modify the order of
probation and order any other remedy. Additionally, this measure would
clarify the Court's power to compel payment of the protected party's
legal fees and costs, fees and costs for the child's attorney,
restitution and medical expenses, as well as the Court's authority to
suspend an order of visitation or require that visitation be
supervised. None of these are new powers; all are powers currently
exercised by the Courts. See, e.g., Matter of C.B. v. J.U., 5 Misc.3d
1004 (Sup. Ct., N.Y. Co., 2004)(Unrep.) (supervised visitation
ordered).

Finally, consolidating several provisions, the measure also would
enumerate options available to a Court to commit a violator to jail
for up to six months per violation, revoke or suspend a firearms
license, hold a violator ineligible to receive a firearms license and
direct surrender of firearms. A similar enumeration of enforcement
remedies would be added to section 240(3-d) and incorporated by
reference in section 252(9] of the Domestic Relations Law. With
increased issuance of temporary and permanent orders of protection in
matrimonial proceedings, specificity in the Domestic Relations Law as


to the consequences for violations is absolutely critical. Section
7(b) of Article 6 of the State Constitution grants Supreme Court the
powers of Family Court, thereby conferring upon it authority to apply
the provisions in Article 8 of the Family Court Act in matrimonial
proceedings. However, explicit articulation in the Domestic Relations
Law of the full range of powers of Supreme Court with respect to
violations of orders of protection and temporary orders of protection
would add needed clarity to the statutory framework and facilitate a
more effective response to domestic violence incidents occurring in
the context of matrimonial proceedings.

By prescribing procedures and remedies for violations of orders of
protection and by authorizing Family Court probation periods to be
coextensive with the duration of family offense orders of protection,
this measure will significantly enhance the courts' capacity to
provide strong civil remedies - meaningful alternatives to criminal
prosecutions - to protect victims of domestic violence and provide
accountability for their abusers.

This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law and apply to violations of
orders of protection and temporary orders of protection committed on
or after such date.

Legislative History:

None. New proposal.

* In child support and paternity cases, these remedies would be
available in addition to those already provided for violations of
child support orders pursuant to Article 4, Part 5 of the Family Court
Act, ** This option is, of course, circumscribed by considerations of
prosecutorial discretion and, if the elements of the crime alleged are
identical to those alleged in a Family Court violation petition, by
constitutional double jeopardy principles. See United States v.
Dixon, 509 U.S. 688 (1993); People v. Wood, 95 N.Y.2d 509 (2000);
People v Arnold,174 Misc.2d 585 (Sup. CL, Kings Co., 1997). Pursuant
to chapter 125 of the Laws of 1999, a complainant's election to
proceed in Family Court does not divest a criminal court of
jurisdiction to proceed.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5220--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Judiciary -- recommitted to the  Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the family court act and the domestic relations law, in
  relation  to  conditions  of  orders  of  protection  in   matrimonial
  proceedings  and  violations  of  orders  of  protection and temporary
  orders of protection and probation in  matrimonial  and  family  court
  proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 430 of the family court act is amended by adding  a
new subdivision (d) to read as follows:
  (D)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS  ACT;  PROVIDED,  HOWEVER, THAT AN
ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
ORDER ISSUED UNDER THIS ARTICLE SHALL BE  GOVERNED  BY  PARTS  FIVE  AND
SEVEN OF THIS ARTICLE.
  S  2.  Section 446-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 446-a. Firearms; surrender and license  suspension,  revocation  and
ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
ORDER  OF  PROTECTION.    Upon the issuance of an order of protection or
temporary order of protection, or upon a violation of  such  order,  the
court shall make a determination regarding the suspension and revocation
of  a  license  to  carry,  possess,  repair  or dispose of a firearm or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09765-05-4

S. 5220--A                          2

firearms, ineligibility for such a license and the surrender of firearms
in accordance with section eight hundred forty-two-a of this act.  IF  A
RESPONDENT  IS  BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
BE  GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED FORTY-
SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS
ACT;  PROVIDED, HOWEVER, THAT AN ALLEGED VIOLATION CONSISTING OF NONPAY-
MENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE SHALL
BE GOVERNED BY PARTS FIVE AND SEVEN OF THIS ARTICLE.
  S 3. Section 550 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:
  (D)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS  ACT;  PROVIDED,  HOWEVER, THAT AN
ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
ORDER ISSUED UNDER THIS ARTICLE OR ARTICLE FOUR OF  THIS  ACT  SHALL  BE
GOVERNED BY PARTS FIVE AND SEVEN OF ARTICLE FOUR OF THIS ACT.
  S 4. Section 552 of the family court act, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
  S  552.  Firearms;  surrender  and  license suspension, revocation and
ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION.  Upon the issuance of an  order  of  protection  or
temporary  order  of  protection, or upon a violation of such order, the
court shall make a determination regarding the suspension and revocation
of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
firearms, ineligibility for such a license and the surrender of firearms
in  accordance with section eight hundred forty-two-a of this act.  IF A
RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN  ORDER  OF
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
BE   SUBJECT  TO  SECTIONS  EIGHT  HUNDRED  FORTY-TWO-A,  EIGHT  HUNDRED
FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF
THIS  ACT;  PROVIDED,  HOWEVER,  THAT AN ALLEGED VIOLATION CONSISTING OF
NONPAYMENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE
OR ARTICLE FOUR OF THIS ACT SHALL BE GOVERNED BY PARTS FIVE AND SEVEN OF
ARTICLE FOUR OF THIS ACT.
  S 5. Section 655 of the family court act is amended by  adding  a  new
subdivision (e) to read as follows:
  (E)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
  S  6.  Section 656-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 656-a. Firearms; surrender and license  suspension,  revocation  and
ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
ORDER  OF  PROTECTION.    Upon the issuance of an order of protection or
temporary order of protection, or upon a violation of  such  order,  the
court shall make a determination regarding the suspension and revocation
of  a  license  to  carry,  possess,  repair  or dispose of a firearm or
firearms, ineligibility for such a license and the surrender of firearms
in accordance with section eight hundred forty-two-a of this act.  IF  A
RESPONDENT  IS  BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL

S. 5220--A                          3

BE GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED  FORTY-
SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND EIGHT HUNDRED FORTY-SEVEN OF THIS
ACT.
  S  7.  Subdivision  (c)  of  section  841  of the family court act, as
amended by chapter 222 of the laws  of  1994,  is  amended  to  read  as
follows:
  (c)  placing  the  respondent  on probation for a period not exceeding
[one year] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS BEEN  ISSUED  FOR
FIVE  YEARS PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THIS ARTICLE,
A PERIOD NOT EXCEEDING FIVE YEARS, and requiring respondent  to  partic-
ipate  in  a  batterer's  education program designed to help end violent
behavior, which may include referral to drug and alcohol counseling, and
to pay the costs thereof if respondent has the means to do so,  provided
however that nothing contained herein shall be deemed to require payment
of  the  costs  of  any such program by the petitioner, the state or any
political subdivision thereof; or
  S 8. Section 846-a of the family court act, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 846-a. Powers on failure to obey order. If a respondent  is  brought
before  the court for failure to obey any lawful order issued under this
article or an order of  protection  or  temporary  order  of  protection
issued  pursuant to this act or issued by a court of competent jurisdic-
tion of another state, territorial or tribal jurisdiction and if,  after
hearing,  the  court is satisfied by competent proof that the respondent
has willfully failed to obey [any] such order, the court [may] SHALL  DO
ONE OR MORE OF THE FOLLOWING:
  1.  modify  an  existing order or temporary order of protection to add
reasonable conditions of behavior to the existing order[,] OR  TEMPORARY
ORDER OR make a new order of protection OR TEMPORARY ORDER OF PROTECTION
in  accordance  with section eight hundred forty-two of this part, [may]
OR order the forfeiture of bail in a manner consistent with article five
hundred forty of the criminal procedure law if  bail  has  been  ordered
pursuant to this act[, may];
  2.  PLACE  THE  RESPONDENT ON PROBATION IN ACCORDANCE WITH SUBDIVISION
(C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE UPON SUCH  CONDI-
TIONS  AS  THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED
TO, A DIRECTION THAT THE RESPONDENT PARTICIPATE IN A  BATTERER'S  EDUCA-
TION  PROGRAM  DESIGNED  TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE
REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF
THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED, HOWEVER,  THAT  NOTHING
IN  THIS  SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF
ANY SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL  SUBDIVI-
SION THEREOF;
  3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
REVOKE  SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH PROBATION
AND/OR ORDER ANY OTHER REMEDY UNDER  THIS  SECTION,  PROVIDED,  HOWEVER,
THAT  PENDING  THE DETERMINATION OF A VIOLATION OF PROBATION, THE PERIOD
OF PROBATION SHALL BE TOLLED AS OF THE DATE OF FILING OF  THE  VIOLATION
PETITION OR MOTION;
  4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
SION  (E)  OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE OR, IF THE
RESPONDENT HAS ALREADY BEEN SO ORDERED  AND  HAS  VIOLATED  SUCH  ORDER,
MODIFY  SUCH  ORDER  OF  RESTITUTION AND/OR ORDER ANY OTHER REMEDY UNDER
THIS SECTION;
  5. order the respondent  to  pay  the  [petitioner's]  reasonable  and
necessary  counsel  fees AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES

S. 5220--A                          4

AND/OR THE CHILD'S ATTORNEY in connection with  the  violation  petition
[where  the court finds that the violation of its order was willful, and
may];
  6.  ORDER  THE  RESPONDENT  TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE  BASIS  FOR
THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
  7. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN RESPONDENT AND HIS
OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPERVISED BY
A  PERSON  OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECI-
FIED BY THE COURT;
  8. commit the respondent to jail for a term not to exceed six  months.
Such  commitment  may  be served upon certain specified days or parts of
days as the court may direct, and the court may, at any time within  the
term of such sentence, revoke such [suspension] DIRECTION and commit the
respondent  for  the  remainder of the original sentence, or suspend the
remainder of such sentence[. If]; AND
  9. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
FORTY-TWO-A OF THIS ARTICLE, IMMEDIATELY REVOKE ANY LICENSE POSSESSED BY
RESPONDENT TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS PURSUANT TO
SECTION  400.00  OF  THE  PENAL LAW, ORDER THE RESPONDENT INELIGIBLE FOR
SUCH A LICENSE, AND ARRANGE FOR  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, AND DISPOSAL OF ANY
FIREARM SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines  that
the willful failure to obey such order involves violent behavior consti-
tuting  the  crimes  of  menacing,  reckless  endangerment,  assault  or
attempted assault [and if  such  a  respondent  is  licensed  to  carry,
possess,  repair  and  dispose of firearms pursuant to section 400.00 of
the penal law, the court may also immediately revoke  such  license  and
may  arrange for 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,  and  disposal of any firearm such
respondent owns or possesses]. If the willful failure to obey such order
involves [the infliction of physical injury as  defined  in  subdivision
nine of section 10.00 of the penal law or 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]  ANY
OF THE BEHAVIORS OR ACTIONS ENUMERATED IN PARAGRAPH (A) OR (B) OF SUBDI-
VISION THREE OF SECTION 842-A OF THIS ARTICLE, such revocation and imme-
diate  surrender pursuant to subparagraph (f) of paragraph one of subdi-
vision a of section 265.20 and subdivision six of section 400.05 of  the
penal  law  [six]  and  disposal  of  any  firearm owned or possessed by
respondent shall be mandatory, pursuant to subdivision eleven of section
400.00 of the penal law.
  S 9. Subparagraphs 7, 8 and 9 of  paragraph  a  of  subdivision  3  of
section  240  of the domestic relations law are renumbered subparagraphs
9, 10 and 11 and two new subparagraphs 7 and 8  are  added  to  read  as
follows:
  (7) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
PERSON  HAS  THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING CONTAINED
HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT  OF  THE  COSTS  OF  ANY  SUCH
PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;

S. 5220--A                          5

  (8)  TO  PROVIDE,  EITHER  DIRECTLY  OR BY MEANS OF MEDICAL AND HEALTH
INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT  ARISING
FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
ORDER;
  S  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 1 of the laws of 2013,  is  amended
and a new subdivision 3-d is added to read as follows:
  h.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the  court  shall  make  a
determination  regarding  the  suspension and revocation of a license to
carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
ity  for such a license and the surrender of firearms in accordance with
sections eight hundred forty-two-a and eight hundred forty-six-a of  the
family court act, as applicable. Upon issuance of an order of protection
pursuant to this section [or upon a finding of a violation thereof], the
court  also may direct payment of restitution in an amount not to exceed
ten thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case  shall
an  order  of  restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation  is  incorporated  in  a  final
judgment  or  settlement  of  the  action.   UPON A FINDING OF A WILLFUL
VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY  ORDER  OF  PROTECTION,
THE  COURT SHALL MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION THREE-D OF
THIS SECTION.
  3-D.  VIOLATION OF ORDER OF PROTECTION FROM OUTSIDE THE STATE.   IF  A
PARTY  IS  BROUGHT  BEFORE  THE  COURT  FOR  FAILURE TO OBEY AN ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT OR BY  A
COURT  OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR TRIBAL
JURISDICTION AND IF, AFTER HEARING, THE COURT IS SATISFIED BY  COMPETENT
PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO OBEY SUCH ORDER, THE COURT
SHALL DO ONE OR MORE OF THE FOLLOWING:
  A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
ORDER OF  PROTECTION  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF  THIS
SECTION;
  B.  PLACE  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE  WITH  SUBDIVI-
SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
LIMITED  TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER
OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
BATTERER'S  EDUCATION  PROGRAM  DESIGNED  TO  HELP END VIOLENT BEHAVIOR,
WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING,  AND  TO  PAY
THE  COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV-
ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE  PAYMENT
OF  THE  COSTS  OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
  C. IF THE PARTY FOUND TO HAVE VIOLATED  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF PROTECTION IS ALREADY ON PROBATION PURSUANT TO SUCH
SECTION, REVOKE SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS  OF  SUCH
PROBATION   AND/OR  ORDER  ANY  OTHER  REMEDY  UNDER  THIS  SUBDIVISION,
PROVIDED, HOWEVER, THAT PENDING THE  DETERMINATION  OF  A  VIOLATION  OF
PROBATION,  THE  PERIOD  OF  PROBATION SHALL BE TOLLED AS OF THE DATE OF
FILING OF THE VIOLATION PETITION OR MOTION;

S. 5220--A                          6

  D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH  PARTY  HAS
ALREADY  BEEN  SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER
AND/OR ORDER ANY OTHER REMEDY UNDER THIS SUBDIVISION;
  E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
  F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
  G. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO
HAVE VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION
AND  HIS  OR  HER  CHILD  OR  CHILDREN OR DIRECT THAT SUCH VISITATION BE
SUPERVISED BY A PERSON OR AGENCY  DESIGNATED  BY  THE  COURT  AND  UNDER
CONDITIONS SPECIFIED BY THE COURT;
  H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
MONTHS.  SUCH  COMMITMENT  MAY  BE SERVED UPON CERTAIN SPECIFIED DAYS OR
PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY,  AT  ANY  TIME
WITHIN  THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
DER OF SUCH SENTENCE; AND
  I. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
FORTY-TWO-A  OF  THE  FAMILY COURT ACT, SUSPEND OR REVOKE ANY LICENSE OF
THE PARTY FOUND TO HAVE VIOLATED THE ORDER TO CARRY, POSSESS, REPAIR AND
DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  IMME-
DIATELY, ORDER SUCH PARTY INELIGIBLE TO RECEIVE 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, AND  DISPOSAL  OF  ANY  FIREARM  SUCH  PARTY  OWNS  OR
POSSESSES.
  S  11.  Paragraphs (g), (h) and (i) of subdivision 1 of section 252 of
the domestic relations law are relettered paragraphs (i),  (j)  and  (k)
and two new paragraphs (g) and (h) are added to read as follows:
  (G) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
PERSON  HAS  THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING CONTAINED
HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT  OF  THE  COSTS  OF  ANY  SUCH
PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
  (H)  TO  PROVIDE,  EITHER  DIRECTLY  OR BY MEANS OF MEDICAL AND HEALTH
INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT  ARISING
FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
ORDER;
  S  12.  Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  9. Upon issuance of an order  of  protection  or  temporary  order  of
protection  or  upon  a  violation of such order, the court shall, WHERE
APPLICABLE, make a determination regarding the suspension and revocation
of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
firearms, ineligibility for such a license and the surrender of firearms

S. 5220--A                          7

in  accordance with sections eight hundred forty-two-a and eight hundred
forty-six-a of the family court act, as applicable. Upon issuance of  an
order  of  protection  pursuant  to this section [or upon a finding of a
violation  thereof], the court also may direct payment of restitution in
an amount not to exceed ten thousand dollars in accordance with subdivi-
sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
however,  that  in no case shall an order of restitution be issued where
the court determines that the party against  whom  the  order  would  be
issued  has  already compensated the injured party or where such compen-
sation is incorporated in a final judgment or settlement of the  action.
UPON  A  FINDING  OF  A  WILLFUL  VIOLATION OF AN ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION, THE COURT SHALL MAKE AN ORDER IN  ACCORD-
ANCE WITH SUBDIVISION THREE-D OF SECTION TWO HUNDRED FORTY OF THIS CHAP-
TER.
  S  13.  This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to violations of orders of  protection
and  temporary orders of protection committed on or after such effective
date.

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