Senate Bill S3805

2015-2016 Legislative Session

Requires mandatory jail time for repeat violators of orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2015-S3805 (ACTIVE) - Details

See Assembly Version of this Bill:
A8591
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 Other Legislative Sessions:
2009-2010: S2580
2011-2012: S2441
2013-2014: S844
2017-2018: S3263
2019-2020: S4711
2021-2022: S5050
2023-2024: S6391

2015-S3805 (ACTIVE) - Summary

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

2015-S3805 (ACTIVE) - Sponsor Memo

2015-S3805 (ACTIVE) - Bill Text download pdf

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

                                  3805

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sens. PARKER, KENNEDY -- 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:

  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
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT OR SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
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.
                                                           LBD09215-01-5
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.