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
                                ___________
 
 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.