S T A T E O F N E W Y O R K
________________________________________________________________________
3263
2017-2018 Regular Sessions
I N S E N A T E
January 20, 2017
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Introduced by Sens. PARKER, COMRIE, HAMILTON, KENNEDY, MURPHY -- 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. 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
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT OR SUBDIVISION ONE OF SECTION 530.11 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.
LBD07412-01-7
S. 3263 2
LESS THAN THIRTY DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS
OR PARTS OF DAYS AS THE COURT MAY DIRECT.
§ 2. Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended 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 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
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY
COURT ACT OR SUBDIVISION ONE OF SECTION 530.11 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.
§ 3. Section 846-a of the family court act, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 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. IF THE RESPONDENT HAS BEEN FOUND BY COMPETENT PROOF TO HAVE
WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON MORE THAN ONE OCCA-
SION, AND THIS WILLFUL FAILURE CONSISTED OF COMMITTING A FAMILY OFFENSE
AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THIS
ARTICLE OR SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM OF IMPRISONMENT OF NOT
LESS THAN THIRTY DAYS. Such commitment may be served upon certain speci-
fied 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
S. 3263 3
willful failure to obey such order involves violent behavior constitut-
ing the 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 also immediately revoke such license and may 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 paragraph 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.
§ 4. Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by chapter 498 of the laws of 1993, the opening paragraph as
amended by chapter 597 of the laws of 1998, paragraph (a) as amended by
chapter 222 of the laws of 1994 and paragraph (d) as amended by chapter
644 of the laws of 1996, is amended to read as follows:
11. If a defendant is brought before the court for failure to obey
any lawful order issued under this section, or an order of protection
issued by a court of competent jurisdiction in another state, territo-
rial or tribal jurisdiction, and if, after hearing, the court is satis-
fied by competent proof that the defendant has willfully failed to obey
any such order, (A) the court may:
[(a)] (I) revoke an order of recognizance or revoke an order of bail
or order forfeiture of such bail and commit the defendant to custody; or
[(b)] (II) restore the case to the calendar when there has been an
adjournment in contemplation of dismissal and commit the defendant to
custody; or
[(c)] (III) revoke a conditional discharge in accordance with section
410.70 of this chapter and impose probation supervision or impose a
sentence of imprisonment in accordance with the penal law based on the
original conviction; or
[(d)] (IV) revoke probation in accordance with section 410.70 of this
chapter and impose a sentence of imprisonment in accordance with the
penal law based on the original conviction. In addition, if the act
which constitutes the violation of the order of protection or temporary
order of protection is a crime or a violation the defendant may be
charged with and tried for that crime or violation; AND
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO OBEY
SUCH ORDER OF PROTECTION ON MORE THAN ONE OCCASION AND THIS WILLFUL
FAILURE CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVI-
SION ONE OF THIS SECTION OR SUBDIVISION ONE OF SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT, THE COURT SHALL COMMIT SUCH PERSON TO A
TERM OF IMPRISONMENT OF NOT LESS THAN THIRTY DAYS, WHICH MAY BE SERVED
UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS THE COURT MAY DIRECT.
§ 5. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, is amended to read as follows:
8. If a defendant is brought before the court for failure to obey any
lawful order issued under this section and if, after hearing, the court
S. 3263 4
is satisfied by competent proof that the defendant has willfully failed
to obey any such order, (A) the court may:
[(a)] (I) revoke an order of recognizance or bail and commit the
defendant to custody; or
[(b)] (II) restore the case to the calendar when there has been an
adjournment in contemplation of dismissal and commit the defendant to
custody or impose or increase bail pending a trial of the original crime
or violation; or
[(c)] (III) revoke a conditional discharge in accordance with section
410.70 of this chapter and impose probation supervision or impose a
sentence of imprisonment in accordance with the penal law based on the
original conviction; or
[(d)] (IV) revoke probation in accordance with section 410.70 of this
chapter and impose a sentence of imprisonment in accordance with the
penal law based on the original conviction. In addition, if the act
which constitutes the violation of the order of protection or temporary
order of protection is a crime or a violation the defendant may be
charged with and tried for that crime or violation; AND
(B) IF THE COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO OBEY
SUCH ORDER OF PROTECTION ON MORE THAN ONE OCCASION AND THIS WILLFUL
FAILURE CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THIS ARTICLE OR SUBDIVISION ONE OF SECTION
EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, THE COURT SHALL COMMIT
SUCH PERSON TO A TERM OF IMPRISONMENT OF NOT LESS THAN THIRTY DAYS,
WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS THE
COURT MAY DIRECT.
§ 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
