S T A T E   O F   N E W   Y O R K
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                                   373

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  -- Multi-Sponsored by -- M. of A.
  MARKEY, PERRY -- read once and referred to the Committee on Codes

AN ACT to amend the family court  act,  in  relation  to  the  mandatory
  suspension and revocation of firearms licenses upon issuance of orders

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

  Section 1.  Section 846-a of the family court act, as amended by chap-
ter 1 of the laws of 2013, 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  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. 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 and commit  the
respondent  for  the  remainder of the original sentence, or suspend the
remainder of such sentence. If the court  determines  that  the  willful
failure  to  obey  such order involves violent behavior constituting the

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

                                                           LBD04042-01-5

A. 373                              2

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]  SHALL also immediately revoke such license and [may] SHALL
arrange for the immediate surrender  pursuant  to  subparagraph  (f)  of
paragraph  one of subdivision a of section 265.20 and subdivision 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 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 pursuant to subparagraph (f) of para-
graph one of subdivision a of section  265.20  and  subdivision  six  of
section  400.05 of the penal law [six] 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 2. This act shall take effect immediately.