|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to children and families|
|Jan 21, 2011||referred to children and families|
senate Bill S2441
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2441 - Details
S2441 - Summary
Requires mandatory jail time of no less than thirty days for repeat violators of orders of protection.
S2441 - Sponsor Memo
BILL NUMBER:S2441 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 7 amend the Family Court Act and the Criminal Procedure Law to make conforming changes. Section 8 establishes the effective date. JUSTIFICATION: Domestic violence is an insidious social ill that affects far too many families in our state. Many victims turn to our court system for relief and seek orders of protection to stop the violence. Orders of
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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