S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4727
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee on Judiciary
 
 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 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 ONE OCCASION, 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 LESS THAN
 FIVE  DAYS,  WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07736-01-1

 A. 4727                             2
 
 DAYS AS THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE  ORDER  HAS
 BEEN  FOUND  TO  HAVE  VIOLATED  SUCH  ORDER  ON TWO OCCASIONS, AND THIS
 VIOLATION CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDI-
 VISION  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 LESS THAN
 FIFTEEN  DAYS,  WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS
 OF DAYS AS THE COURT MAY DIRECT. IF THE PERSON SO  VIOLATING  THE  ORDER
 HAS  BEEN  FOUND TO HAVE VIOLATED SUCH ORDER ON THREE OR MORE OCCASIONS,
 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 LESS
 THAN THIRTY DAYS, WHICH MAY BE SERVED UPON  CERTAIN  SPECIFIED  DAYS  OR
 PARTS OF DAYS AS THE COURT MAY DIRECT.
   §  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  ONE  OCCASION,  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 LESS THAN
 FIVE DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR  PARTS  OF
 DAYS  AS  THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE ORDER HAS
 BEEN FOUND TO HAVE VIOLATED  SUCH  ORDER  ON  TWO  OCCASIONS,  AND  THIS
 VIOLATION  CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDI-
 VISION 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 LESS THAN
 FIFTEEN DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS  OR  PARTS
 OF  DAYS  AS  THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE ORDER
 HAS BEEN FOUND TO HAVE VIOLATED SUCH ORDER ON THREE OR  MORE  OCCASIONS,
 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  LESS
 THAN  THIRTY  DAYS,  WHICH  MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR
 PARTS OF DAYS AS THE COURT MAY DIRECT.
   § 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:

 A. 4727                             3
 
   § 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 ONE  OCCASION,  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 530.11 OF THE  CRIMINAL  PROCEDURE  LAW,  THE
 COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF NO LESS THAN
 FIVE  DAYS.  IF THE RESPONDENT HAS BEEN FOUND BY COMPETENT PROOF TO HAVE
 WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON TWO OCCASIONS,  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 530.11 OF THE  CRIMINAL  PROCEDURE  LAW,  THE
 COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF NO LESS THAN
 FIFTEEN  DAYS.  IF  THE  RESPONDENT HAS BEEN FOUND BY COMPETENT PROOF TO
 HAVE WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON THREE OR  MORE
 OCCASIONS,  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 530.11 OF THE CRIMINAL PROCE-
 DURE LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM  OF  IMPRISONMENT
 OF  NO LESS THAN THIRTY DAYS. 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 suspen-
 sion and commit  the  respondent  for  the  remainder  of  the  original
 sentence, or suspend the remainder of such sentence. If the court deter-
 mines  that  the  willful  failure  to  obey such order involves violent
 behavior constituting 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 subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
 vision 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 threat-
 ened 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  subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
 vision  six of section 400.05 of the penal law [six] and disposal of any

 A. 4727                             4
 
 firearm owned or possessed by respondent shall be mandatory, pursuant to
 subdivision eleven of section 400.00 of the penal law.
   §  4.  Subdivision 11 of section 530.12 of the criminal procedure law,
 as amended by section 15 of part JJJ of chapter 59 of the laws of  2019,
 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, territorial or
 tribal jurisdiction, 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 release under non-mone-
 tary conditions 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  ONE  OCCASION, AND THIS WILLFUL FAILURE
 CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDIVISION  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 NO LESS THAN FIVE DAYS, WHICH MAY BE SERVED UPON CERTAIN
 SPECIFIED  DAYS  OR  PARTS OF DAYS AS THE COURT MAY DIRECT. IF THE COURT
 FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED  TO  OBEY  SUCH  ORDER  OF
 PROTECTION  ON  TWO  OCCASIONS,  AND  THIS  WILLFUL FAILURE CONSISTED OF
 COMMITTING A FAMILY OFFENSE  AS  DEFINED  IN  SUBDIVISION  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 NO LESS THAN FIFTEEN DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED
 DAYS OR PARTS OF DAYS AS THE COURT MAY DIRECT. IF THE COURT  FINDS  THAT
 THE  DEFENDANT  HAS WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON
 THREE OR MORE OCCASIONS, AND THIS WILLFUL FAILURE CONSISTED  OF  COMMIT-
 TING  A  FAMILY OFFENSE AS DEFINED IN SUBDIVISION 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 NO  LESS
 THAN  THIRTY  DAYS,  WHICH  MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR
 PARTS OF DAYS AS THE COURT MAY DIRECT.
   § 5. Subdivision 8 of section 530.13 of the criminal procedure law, as
 added by chapter 388 of the laws of 1984, paragraph (a)  as  amended  by
 section  13 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
   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. 4727                             5
 
   [(a)]  (I) revoke an order of recognizance, release under non-monetary
 conditions 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  ONE  OCCASION, AND THIS WILLFUL FAILURE
 CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDIVISION  ONE
 OF  SECTION  530.11  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 NO LESS THAN FIVE DAYS, WHICH MAY BE
 SERVED  UPON  CERTAIN  SPECIFIED  DAYS OR PARTS OF DAYS AS THE COURT MAY
 DIRECT. IF THE COURT FINDS THAT THE DEFENDANT HAS  WILLFULLY  FAILED  TO
 OBEY SUCH ORDER OF PROTECTION ON TWO OCCASIONS, AND THIS WILLFUL FAILURE
 CONSISTED  OF  COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE
 OF SECTION 530.11 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 NO LESS THAN FIFTEEN DAYS, WHICH MAY
 BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS THE COURT  MAY
 DIRECT.  IF  THE  COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO
 OBEY SUCH ORDER OF PROTECTION ON THREE OR MORE OCCASIONS, AND THIS WILL-
 FUL FAILURE CONSISTED OF COMMITTING  A  FAMILY  OFFENSE  AS  DEFINED  IN
 SUBDIVISION  ONE OF SECTION 530.11 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 NO LESS THAN THIRTY
 DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS  OF  DAYS
 AS THE COURT MAY DIRECT.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.