Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 17, 2016 |
referred to judiciary delivered to assembly passed senate |
May 16, 2016 |
ordered to third reading cal.868 committee discharged and committed to rules |
Jan 06, 2016 |
referred to children and families returned to senate died in assembly |
Jun 17, 2015 |
referred to judiciary delivered to assembly passed senate ordered to third reading cal.1800 committee discharged and committed to rules |
Feb 17, 2015 |
referred to children and families |
Senate Bill S3805
2015-2016 Legislative Session
Sponsored By
(D, WF) 21st Senate District
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
Actions
Votes
co-Sponsors
(D) 14th Senate District
(D) Senate District
(D, WF) 63rd Senate District
(R, C, G, IP, SC) Senate District
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) - Sponsor Memo
BILL NUMBER:S3805 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 Procedure 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:
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
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