senate Bill S844B

2013-2014 Legislative Session

Requires mandatory jail time for repeat violators of orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 referred to judiciary
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.708
Feb 26, 2014 print number 844b
amend and recommit to finance
reported and committed to finance
Jan 27, 2014 print number 844a
amend and recommit to children and families
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
Jun 21, 2013 referred to judiciary
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1524
committee discharged and committed to rules
Jan 09, 2013 referred to children and families

S844 - Details

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 Previous Legislative Sessions:
2011-2012: S2441
2009-2010: S2580

S844 - Summary

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

S844 - Sponsor Memo

S844 - Bill Text download pdf

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

                                   844

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02881-01-3

Co-Sponsors

S844A - Details

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 Previous Legislative Sessions:
2011-2012: S2441
2009-2010: S2580

S844A - Summary

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

S844A - Sponsor Memo

S844A - Bill Text download pdf

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

                                 844--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

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

Co-Sponsors

S844B (ACTIVE) - Details

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 Previous Legislative Sessions:
2011-2012: S2441
2009-2010: S2580

S844B (ACTIVE) - Summary

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

S844B (ACTIVE) - Sponsor Memo

S844B (ACTIVE) - Bill Text download pdf

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

                                 844--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. PARKER, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families  --  recommitted to the Committee on Children and Families in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee  and  committed  to  the
  Committee  on  Finance  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

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

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