Senate Bill S5220A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S5220 - Details

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

2013-S5220 - 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.

2013-S5220 - Sponsor Memo

2013-S5220 - Bill Text download pdf

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

                                  5220

                       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

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09765-02-3
              

2013-S5220A (ACTIVE) - Details

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

2013-S5220A (ACTIVE) - 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.

2013-S5220A (ACTIVE) - Sponsor Memo

2013-S5220A (ACTIVE) - Bill Text download pdf

                            
                    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
              

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