senate Bill S255

2013-2014 Legislative Session

Relates to violations of orders of protection in family offense cases

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

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Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S255 - Bill Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§446, 551, 656, 841 & 846-a, Fam Ct Act; amd §§240 & 252, Dom Rel L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1716
2009-2010: S3683

S255 - Bill Texts

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Provides additional remedies for violations of orders of protection and probation in family offense cases including revocation of a license to possess firearms, mandatory counseling and probation.

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BILL NUMBER:S255

TITLE OF BILL:
An act
to amend the family court act and the domestic relations law, in
relation to violations of orders of protection and temporary orders of
protection and probation in family offense cases

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

This measure would provide a clear road map for civil enforcement of
orders of protection in Family and Supreme Courts. In so doing, it
will eliminate fragmentation and gaps in the civil enforcement
provisions of both the Family Court Act and Domestic Relations Law
that now impede fulfillment of the promise of the Family Protection
and Domestic Violence Intervention Act of 1994.

This measure clarifies that the violation procedures and consequences
prescribed by Family Court Act Article 8 apply to all orders of
protection and temporary orders of protection issued in family
offense, child support, paternity, child custody, visitation, divorce
and other matrimonial proceedings. Additionally, consistent with
chapter 579 of the Laws of 2003, this measure would amend section
841(c) of the Family Court Act to authorize Family Court to place a
respondent on probation for up to two years or, where an order of
protection pursuant to section 842 of the Act has been issued for
five years, for up to five years.
Since section 841 of the Family Court Act explicitly authorizes
concurrent issuance of both an order of probation and an order of
protection as a disposition of an Article 8 family offense
proceeding, logic dictates that the duration of both orders should be
equal. Clearly, the duration of probation supervision over a
respondent in a family offense matter should be coextensive with the
duration of the order of protection, that is, coextensive with the
period of time determined by the Family Court as the period necessary
to protect a victim of family violence from suffering further violence.

Violation procedures would be clarified by the incorporation by
reference in sections 446,551 and 656 of the Family Court Act of the
following:

* the procedures contained in section 846 of the Family Court Act for
tiling a violation petition, serving notice upon, and, if necessary,
apprehending the respondent, and obtaining either a determination in
Family Court or a transfer of the matter to a criminal court;

* the remedies contained in section 846-a of the Family Court Act that
are available to Family Court once a willful violation has been found;
and

* the options contained in section 847 of the Family Court Act for a
victim of an alleged act constituting a family offense to seek the
tiling of an accusatory instrument in a criminal court, as well as to
tile a new family offense petition or a violation petition.


Further, section 846-a of the Family Court Act would be amended to
more clearly delineate Family Court's authority to impose sanctions
upon a finding of a willful violation of an order of protection or
temporary order of protection and to modify or issue a new order of
protection or temporary order of protection. The Court's authority
to place a violator on probation and to require, as a condition of
probation, that the violator participate and pay the costs of a
batterer's education program would be articulated - a recommendation
consistent with the statutorily-required evaluation of the 1994
legislation by the New York State Office for the Prevention of
Domestic Violence and Division of Criminal Justice Services. Where a
violator already is on probation, the Court would be authorized to
revoke or City the order of probation. Additionally, the Court's
power to compel payment of legal fees and costs, fees and costs for
the child's attorney, restitution and medical expenses would be
clarified, as would be the Court's authority to suspend an order of
visitation or require that visitation be supervised.
None of these are new powers; all currently are exercised by the Courts.
See; e.g., Matter of C.B. v. J.U, 5 Misc.3d 1004 (Sup. Ct, N.Y. Co,
2004)(supervised visitation ordered). Consolidating several
scattered provisions, the measure also would enumerate the options
available to the Court to commit a violator to jail for up to six
months, revoke or suspend a firearms license and direct the surrender
of firearms.

Finally, similar enforcement remedies would be enumerated in sections
240(3-d) and 252(10) of the Domestic Relations Law. While a 1999
amendment regarding matrimonial orders of protection included
references to restitution, firearms license suspension and
revocation, and firearms surrender, it did not clearly spell out the
additional options available
to Supreme Court upon a finding of a willful violation, i.e.,
probation, imposition of legal and medical fees and costs, suspension
of visitation or a direction that visitation be supervised, and
commitment to jail.
See L. 1999, c. 606.

With increased issuance of temporary and permanent orders of
protection in matrimonial proceedings resulting from the 1999
legislation, it would be helpful for the Domestic Relations Law to
delineate specific sanctions available to Supreme Court for
violations. Section 7(b) of Article 6 of the New York State
Constitution accords to Supreme Court the powers of Family Court,
thereby conferring authority upon Supreme Court to apply the
provisions in Article 8 of the Family Court Act in matrimonial
proceedings. However, explicit articulation in the Domestic Relations
Law of the full range of powers of the Supreme Court with respect to
violations of orders of protection and temporary orders of protection
would add needed clarity to the statutory framework and would
facilitate a more effective response to domestic violence incidents
occurring in the context of matrimonial proceedings.

By clearly delineating procedures and remedies for violations of
orders of protection and by authorizing Family Court probation
periods to be coextensive with the duration of family offense orders
of protection, this measure will significantly enhance the capacity
of Family and Supreme Courts to provide strong civil remedies -


meaningful alternatives to criminal prosecutions - for victims of
domestic violence.

This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law.

LEGISLATIVE HISTORY:
S.3683 of 2009
S.1716 of 2011
01/11/11 REFERRED TO JUDICIARY
01/04/12 REFERRED TO JUDICIARY

EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after becoming a law.

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

                                   255

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family court act and the domestic relations law,  in
  relation to violations of orders of protection and temporary orders of
  protection and probation in family offense cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 446 of the family court act is amended by adding  a
new closing paragraph to read as follows:
  A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
SHALL BE DEALT WITH IN ACCORDANCE WITH PART  FIVE  OF  THIS  ARTICLE  OR
SECTIONS  EIGHT  HUNDRED  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT
HUNDRED FORTY-SEVEN OF THIS ACT.
  S 2. Section 551 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
SHALL BE DEALT WITH IN ACCORDANCE WITH PART  FIVE  OF  ARTICLE  FOUR  OR
SECTIONS  EIGHT  HUNDRED  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT
HUNDRED FORTY-SEVEN OF THIS ACT.
  S 3. Section 656 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
SHALL BE DEALT WITH IN ACCORDANCE WITH SECTIONS EIGHT HUNDRED FORTY-SIX,
EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
  S 4. Subdivision (c) of section  841  of  the  family  court  act,  as
amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
follows:
  (c) placing the respondent on probation for  a  period  not  exceeding
[one  year,  and  requiring] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS
BEEN ISSUED FOR FIVE YEARS PURSUANT TO SECTION EIGHT  HUNDRED  FORTY-TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02248-01-3

S. 255                              2

OF  THIS  PART,  FIVE YEARS. THE ORDER MAY REQUIRE respondent to partic-
ipate in a batterer's education program designed  to  help  end  violent
behavior, which may include referral to drug and alcohol counseling, and
to  pay the costs thereof if respondent has the means to do so, provided
however that nothing contained herein shall be deemed to require payment
of the costs of any such program by the petitioner,  the  state  or  any
political subdivision thereof; or
  S  5. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
  S 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  UNDER THIS ACT OR ISSUED by a court of competent jurisdiction of
another state, territorial or tribal jurisdiction in  a  proceeding  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
DO ONE OR MORE OF THE FOLLOWING:
  1.  modify  an  existing order OR TEMPORARY ORDER OF PROTECTION to add
reasonable conditions of behavior to the existing order [of protection,]
OR TEMPORARY ORDER OR make a new order of protection in accordance  with
[section  eight hundred forty-two, may order the forfeiture of bail in a
manner consistent with article five hundred forty of the criminal proce-
dure law if bail has been ordered pursuant to] this act[, may];
  2. PLACE THE RESPONDENT ON PROBATION IN  ACCORDANCE  WITH  SUBDIVISION
(C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS PART UPON SUCH CONDITIONS
AS  THE  COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, A
DIRECTION THAT THE RESPONDENT  PARTICIPATE  IN  A  BATTERER'S  EDUCATION
PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
RESPONDENT  HAS  THE  MEANS TO DO SO, PROVIDED, HOWEVER, THAT NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF  ANY
SUCH  PROGRAM  BY THE PETITIONER, THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF;
  3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
REVOKE SUCH  ORDER  OF  PROBATION  OR  MODIFY  THE  CONDITIONS  OF  SUCH
PROBATION,  PROVIDED,  HOWEVER,  THAT  PENDING  THE  DETERMINATION  OF A
VIOLATION OF PROBATION, THE PERIOD OF PROBATION SHALL BE  TOLLED  AS  OF
THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION;
  4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
SION  (E)  OF  SECTION  EIGHT  HUNDRED FORTY-ONE OF THIS PART OR, IF THE
RESPONDENT HAS ALREADY BEEN SO ORDERED  AND  HAS  VIOLATED  SUCH  ORDER,
MODIFY SUCH ORDER OF RESTITUTION;
  5.  order  the  respondent  to  pay  the [petitioner's] reasonable and
necessary counsel fees AND DISBURSEMENTS OF ANY OTHER PARTY  OR  PARTIES
AND/OR  THE  CHILD'S  ATTORNEY in connection with the violation petition
[where the court finds that the violation of its order was willful,  and
may];
  6.  ORDER  THE  RESPONDENT  TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE  BASIS  FOR
THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
  7.  SUSPEND  AN  ORDER OF VISITATION BETWEEN RESPONDENT AND HIS OR HER
CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPERVISED  BY  A
PERSON  OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECIFIED
BY THE COURT;

S. 255                              3

  8. commit the respondent to jail for a term not to exceed six  months.
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 [suspension] DIRECTION and commit the
respondent  for  the  remainder of the original sentence, or suspend the
remainder of such sentence[. If]; AND
  9.  REVOKE OR, IN THE CASE OF A VIOLATION  OF  A  TEMPORARY  ORDER  OF
PROTECTION,  SUSPEND  ANY  LICENSE  OF THE RESPONDENT TO CARRY, POSSESS,
REPAIR AND DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF  THE  PENAL
LAW IMMEDIATELY, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL OF
ANY  FIREARM  SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines
that the willful failure to obey such order  involves  violent  behavior
constituting  the  crimes  of menacing, reckless endangerment, STALKING,
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 and disposal of any
firearm such respondent owns or possesses].  If the willful  failure  to
obey  such  order  involves the infliction of serious physical injury as
defined in subdivision ten of section 10.00 of the penal law or the  use
or  threatened  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 and disposal
of any firearm owned or possessed  by  respondent  shall  be  mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
  S  6.  The  first  undesignated paragraph and the closing paragraph of
subdivision 3 of section 240 of the domestic relations law, as added  by
chapter  606  of the laws of 1999, are amended and a new subdivision 3-d
is added to read as follows:
  G. Any party moving for a temporary order of  protection  pursuant  to
this  subdivision  during hours when the court is open shall be entitled
to file such motion or pleading containing  such  prayer  for  emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer-
gency  relief  shall  be  held  on the same day or the next day that the
court is in session following the filing of such motion or pleading.
  H. 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.   UPON  A  FINDING  OF  A  WILLFUL
VIOLATION  OF  AN  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION,
THE COURT MAY MAKE AN ORDER IN ACCORDANCE WITH  SUBDIVISION  THREE-D  OF
THIS SECTION.
  3-D.  IF  A  PARTY  IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR

S. 255                              4

TRIBAL JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT  IS
SATISFIED  BY  COMPETENT  PROOF  THAT SUCH PARTY HAS WILLFULLY FAILED TO
OBEY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING:
  A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
ORDER OF  PROTECTION  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF  THIS
SECTION;
  B.  PLACE  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE  WITH  SUBDIVI-
SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
LIMITED  TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER
OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
BATTERER'S  EDUCATION  PROGRAM  DESIGNED  TO  HELP END VIOLENT BEHAVIOR,
WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING,  AND  TO  PAY
THE  COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV-
ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE  PAYMENT
OF  THE  COSTS  OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
  C. IF THE PARTY FOUND TO HAVE VIOLATED  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION  IS  ALREADY  ON  PROBATION PURSUANT TO
SECTION EIGHT HUNDRED FORTY-ONE OF THE  FAMILY  COURT  ACT  REVOKE  SUCH
ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH PROBATION, PROVIDED,
HOWEVER, THAT PENDING THE DETERMINATION OF A VIOLATION OF PROBATION, THE
PERIOD  OF  PROBATION  SHALL  BE  TOLLED AS OF THE DATE OF FILING OF THE
VIOLATION PETITION OR MOTION;
  D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH  PARTY  HAS
ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER;
  E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
  F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
  G. SUSPEND AN ORDER OF VISITATION BETWEEN  THE  PARTY  FOUND  TO  HAVE
VIOLATED  THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND
HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPER-
VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS
SPECIFIED BY THE COURT;
  H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
MONTHS.  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 DIRECTION AND COMMIT SUCH
PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
DER OF SUCH SENTENCE; AND
  I. IN ACCORDANCE WITH PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION
AND SECTION EIGHT HUNDRED FORTY-SIX-A OF THE  FAMILY  COURT  ACT,  IMME-
DIATELY  REVOKE  OR,  IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF
PROTECTION, SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF

S. 255                              5

FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY  FOUND
TO  HAVE VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND
DISPOSAL OF ANY FIREARM SUCH PARTY  OWNS  OR  POSSESSES,  IF  THE  COURT
DETERMINES  THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT
BEHAVIOR CONSTITUTING THE CRIMES  OF  MENACING,  RECKLESS  ENDANGERMENT,
STALKING,  ASSAULT  OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY
SUCH ORDER INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED
IN SUBDIVISION TEN OF SECTION 10.00 OF THE  PENAL  LAW  OR  THE  USE  OR
THREATENED  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 AND DISPOSAL
OF ANY FIREARM OWNED OR POSSESSED BY  SUCH  PARTY  SHALL  BE  MANDATORY,
PURSUANT TO SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
  S  7.  Subdivision  9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended and a new  subdivi-
sion 11 is added 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  may  [take]
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 deter-
mines 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 judgement or settlement of the action.  UPON A FINDING OF A
WILLFUL VIOLATION OF AN  ORDER  OF  PROTECTION  OR  TEMPORARY  ORDER  OF
PROTECTION,  THE  COURT MAY MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION.
  11. IF A PARTY IS BROUGHT BEFORE THE COURT  FOR  FAILURE  TO  OBEY  AN
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR
TRIBAL  JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS
SATISFIED BY COMPETENT PROOF THAT SUCH PARTY  HAS  WILLFULLY  FAILED  TO
OBEY ANY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING:
  A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IN ACCORDANCE WITH THIS SECTION;
  B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY  ORDER  OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI-
SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE  ORDER
OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
BATTERER'S EDUCATION PROGRAM DESIGNED  TO  HELP  END  VIOLENT  BEHAVIOR,
WHICH  MAY  INCLUDE  REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY
THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED,  HOWEV-
ER,  THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT
OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE  STATE  OR  ANY
POLITICAL SUBDIVISION THEREOF;

S. 255                              6

  C.  IF  THE  PARTY  FOUND  TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT  TO  SUCH
SECTION, REVOKE SUCH ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH
PROBATION,  PROVIDED,  HOWEVER,  THAT  PENDING  THE  DETERMINATION  OF A
VIOLATION  OF  PROBATION,  THE PERIOD OF PROBATION SHALL BE TOLLED AS OF
THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION;
  D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
SUBDIVISION NINE OF THIS SECTION OR, IF SUCH PARTY HAS ALREADY  BEEN  SO
ORDERED AND HAS WILLFULLY VIOLATED SUCH ORDER, MODIFY SUCH ORDER;
  E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
  F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
  G. SUSPEND AN ORDER OF VISITATION BETWEEN  THE  PARTY  FOUND  TO  HAVE
VIOLATED  THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND
HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPER-
VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS
SPECIFIED BY THE COURT;
  H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
MONTHS.  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 DIRECTION AND COMMIT SUCH
PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
DER OF SUCH SENTENCE; AND
  I. IN ACCORDANCE WITH SUBDIVISION NINE OF  THIS  SECTION  AND  SECTION
EIGHT  HUNDRED  FORTY-SIX-A OF THE FAMILY COURT ACT, IMMEDIATELY REVOKE,
OR IN THE CASE OF A  VIOLATION  OF  A  TEMPORARY  ORDER  OF  PROTECTION,
SUSPEND  ANY  LICENSE  TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS
PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND  TO  HAVE
VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL
OF  ANY  FIREARM  SUCH  PARTY OWNS OR POSSESSES, IF THE COURT DETERMINES
THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER  INVOLVES  VIOLENT  BEHAVIOR
CONSTITUTING  THE  CRIMES  OF MENACING, RECKLESS ENDANGERMENT, STALKING,
ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY SUCH  ORDER
INVOLVES  THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED IN SUBDI-
VISION TEN OF SECTION 10.00 OF THE PENAL LAW OR THE  USE  OR  THREATENED
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 AND DISPOSAL OF ANY
FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY, PURSUANT TO
SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided,  however, that section four of this act
shall apply to family offenses committed on or after such date.

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