senate Bill S844A

Amended

Requires mandatory jail time for repeat violators of orders of protection

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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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actions

  • 09 / Jan / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1524
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 27 / Jan / 2014
    • PRINT NUMBER 844A
  • 26 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 26 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 26 / Feb / 2014
    • PRINT NUMBER 844B
  • 13 / May / 2014
    • 1ST REPORT CAL.708
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 21 / May / 2014
    • PASSED SENATE
  • 21 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2014
    • REFERRED TO JUDICIARY

Summary

Requires mandatory jail time of no less than thirty days for repeat violators of orders of protection.

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Bill Details

Versions:
S844
S844A
S844B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 252, Dom Rel L; amd §846-a, Fam Ct Act; amd §§530.12 & 530.13, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2441
2009-2010: S2580

Votes

5
1
5
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S844A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To require mandatory prison sentences for individuals who continue to
violate orders of protection.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 amend the Domestic Relations Law to require no less
than thirty days imprisonment for an individual who violates an order of
protection on more than one occasion.

Sections 3 through 5 amend the Family Court Act and the Criminal Proce-
dure Law to make conforming changes.

Section 6 This act shall take effect on November 1 succeeding the date
on which it shall have become law.

JUSTIFICATION:

Domestic violence is an insidious social ill that affects far too many
families in our state. Many victims turn to our court system for relief
and seek orders of protection to stop the violence. Orders of
protection, however, often provide a false sense of security because
abusers who violate them do not face mandatory jail time. In fact, many
abusers do not take orders of protection seriously and violate them
repeatedly, such as the recently-publicized case about a former Troy
police officer who was arrested six times for violating an order of
protection.

An order of protection may cause the victim to let down her guard,
putting her at greater risk and too often resulting in tragedy. In some
cases the orders exacerbate the violence by goading the perpetrator into
retaliating against the victim There are many highly publicized cases of
domestic violence victims being maimed or killed by abusers who
flagrantly violated orders of protection, Often the abuser had a long
history of violating such orders.

Violators must be held accountable. Mandatory jail times sends a strong
message that orders of protection must be obeyed and that violations
will not be tolerated in our state. This legislation will empower domes-
tic violence victims and their families and give them greater peace of
mind.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.2441/A.6188 - Died in Children & Families

A.6084/S.2580 - 2009/2010 - Referred to Children & Families
A.5314/S.2947 2007/2008 - Held in Judiciary
A.6407/S.3673 - 2005/2006 - Held in Judiciary
A.3518/S.1593 - 2003/2004 - Held in Judiciary
A.7771-A/S.5163-A - 2001/2002 - Held in Judiciary

FISCAL IMPLICATIONS:

Local governments may experience some increased costs associated with
additional jail time for violators at an average statewide cost of $100
a day.

EFFECTIVE DATE:

The first day of November next succeeding the date on which it shall
have become a law.

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

                                 844--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families 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 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:

  Section 1. 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
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.  IF THE PERSON SO VIOLATING THE
ORDER HAS BEEN FOUND TO HAVE VIOLATED SUCH ORDER ON MORE THAN ONE  OCCA-
SION,  AND  THIS  VIOLATION  CONSISTED OF COMMITTING A FAMILY OFFENSE AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02881-02-4

S. 844--A                           2

DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT OR SUBDIVISION ONE OF SECTION 530.12 OF THE CRIMINAL PROCEDURE
LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF  NO
LESS  THAN  THIRTY DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS
OR PARTS OF DAYS AS THE COURT MAY DIRECT.
  S 2. 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 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.  IF THE PERSON SO VIOLATING THE
ORDER HAS BEEN FOUND TO HAVE VIOLATED SUCH ORDER ON MORE THAN ONE  OCCA-
SION,  AND  THIS  VIOLATION  CONSISTED OF COMMITTING A FAMILY OFFENSE AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT OR SUBDIVISION ONE OF SECTION 530.12 OF THE CRIMINAL PROCEDURE
LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF  NO
LESS  THAN  THIRTY DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS
OR PARTS OF DAYS AS THE COURT MAY DIRECT.
  S 3. 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  modify  an
existing order or temporary order of protection to add reasonable condi-
tions  of behavior to the existing order, make a new order of protection
in accordance with section eight hundred forty-two  of  this  part,  may
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 order the respondent to pay the petitioner's
reasonable and necessary counsel fees in connection with  the  violation
petition where the court finds that the violation of its order was will-
ful,  and may commit the respondent to jail for a term not to exceed six
months.  IF THE RESPONDENT HAS BEEN FOUND BY  COMPETENT  PROOF  TO  HAVE
WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON MORE THAN ONE OCCA-
SION,  AND THIS WILLFUL FAILURE CONSISTED OF COMMITTING A FAMILY OFFENSE
AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED  TWELVE  OF  THIS
ARTICLE  OR  SUBDIVISION ONE OF SECTION 530.12 OF THE CRIMINAL PROCEDURE
LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF NOT
LESS THAN THIRTY DAYS. Such commitment may be served upon certain speci-
fied days or parts of days as the court may direct, and the  court  may,

S. 844--A                           3

at any time within the term of such sentence, revoke such suspension and
commit  the  respondent  for  the remainder of the original sentence, or
suspend the remainder of such sentence. If the court determines that the
willful  failure to obey such order involves violent behavior constitut-
ing 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, such revocation
and 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 [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  4.  Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by chapter 498 of the laws of 1993, the opening paragraph  as
amended  by chapter 597 of the laws of 1998, paragraph (a) as amended by
chapter 222 of the laws of 1994 and paragraph (d) as amended by  chapter
644 of the laws of 1996, is amended to read as follows:
  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, territo-
rial or tribal jurisdiction, and if, after hearing, the court is  satis-
fied  by competent proof that the defendant has willfully failed to obey
any such order, (A) the court may:
  [(a)] (I) 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)]  (II)  restore  the  case to the calendar when there has been an
adjournment in contemplation of dismissal and commit  the  defendant  to
custody; or
  [(c)]  (III) 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)] (IV) 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; AND
  (B) IF THE COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO OBEY
SUCH  ORDER  OF  PROTECTION  ON  MORE THAN ONE OCCASION AND THIS WILLFUL
FAILURE CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDIVI-
SION  ONE  OF  THIS  SECTION OR SUBDIVISION ONE OF SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT, THE COURT SHALL COMMIT SUCH PERSON TO  A
TERM  OF  IMPRISONMENT OF NOT LESS THAN THIRTY DAYS, WHICH MAY BE SERVED
UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS THE COURT MAY DIRECT.
  S 5. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, is amended to read as follows:

S. 844--A                           4

  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, (A) the court may:
  [(a)]  (I)  revoke  an  order  of  recognizance or bail and commit the
defendant to custody; or
  [(b)] (II) 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)] (III) 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)]  (IV) 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; AND
  (B) IF THE COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO OBEY
SUCH ORDER OF PROTECTION ON MORE THAN  ONE  OCCASION  AND  THIS  WILLFUL
FAILURE  CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE OF SECTION
EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT,  THE  COURT  SHALL  COMMIT
SUCH  PERSON  TO  A  TERM  OF IMPRISONMENT OF NOT LESS THAN THIRTY DAYS,
WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS  THE
COURT MAY DIRECT.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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