senate Bill S2441

2011-2012 Legislative Session

Requires mandatory jail time for repeat violators of orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Jan 21, 2011 referred to children and families

S2441 - Details

See Assembly Version of this Bill:
A6188
Current Committee:
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 2009-2010 Legislative Session:
S2580, A6084

S2441 - Summary

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

S2441 - Sponsor Memo

S2441 - Bill Text download pdf

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

                                  2441

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- 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. The closing paragraph of subdivision 3 of  section  240  of
the domestic relations law, as added by chapter 606 of the laws of 1999,
is amended to read as follows:
  Upon  issuance  of  an  order  of  protection  or  temporary  order of
protection or upon a violation of such order,  the  court  may  make  an
order in accordance with section eight hundred forty-two-a of the family
court  act directing the surrender of firearms, revoking or suspending a
party's firearms license, and/or directing that such party be ineligible
to receive a firearms license. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08282-01-1

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