NY State Senate Bill 2017-S4614A

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jun 21, 2017	committed to rules
May 03, 2017	amended on third reading (t) 4614a
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.478
Feb 22, 2017	referred to children and families

Votes

- Mar 21, 2017 - Children And Families Committee Vote
  S4614A
  
  4
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 21, 2017
      
      aye (4)
      
      Avella
      
      Helming
      
      Savino
      
      Serino
      
      nay (1)
      
      Persaud
      
      aye wr (2)
      
      Bonacic
      
      Montgomery

Bill Amendments

Original

A (Active)

2017-S4614 - Details

See Assembly Version of this Bill:: A10700
Current Committee:: Senate Children And Families
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 Other Legislative Sessions:: 2013-2014: A6439
2015-2016: A4423
2019-2020: A5705
2021-2022: A4727
2023-2024: A4249

2017-S4614 - Summary

Requires mandatory jail time for violators of orders of protection.

2017-S4614 - Sponsor Memo

                                 BILL NUMBER:  S4614

 TITLE OF BILL :

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

 PURPOSE :

To require mandatory prison sentences for individuals who continue to
violate orders of protection.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 amend the Domestic Relations Law to require no less
than thirty days imprisonment for an individual who violates an order
of protection on more than one occasion.

Sections 3 through 7 amend the Family Court Act and the Criminal
Procedure Law to make conforming changes.

Section 8 establishes the effective date.

 JUSTIFICATION :

Domestic violence is an insidious social ill that affects far too many
families in our state. Many victims turn to our court system for
relief and seek orders of protection to stop the violence. Orders of
protection, however, often provide a false sense of security because
abusers who violate them do not face mandatory jail time. In fact,
many abusers do not take orders of protection seriously and violate
them repeatedly, such as the recently-publicized case about a former
Troy police officer who was arrested six times for violating an order
of protection.

An order of protection may cause the victim to let down her guard,
putting her at greater risk and too often resulting in tragedy. In
some cases the orders exacerbate the violence by goading the
perpetrator into retaliating against the victim. There are many highly
publicized cases of domestic violence victims being maimed or killed
by abusers who flagrantly violated orders of protection, often the
abuser had a long history of violating such orders.

Violators must be held accountable. Mandatory jail times sends a
strong message that orders of protection must be obeyed and that
violations will not be tolerated in our state. This legislation will
empower domestic violence victims and their families and give them
greater peace of mind.

 LEGISLATIVE HISTORY :

New bill in Senate
A.6439 of 2014 - Held for consideration in Judiciary
A.6084/S.2580 - 2009/2010 - Referred to Children & Families
A.5314/S.2947 - 2007/2008 - Held in Judiciary
A.6407/S.3673 - 2005/2006 - Held in Judiciary
A.3518/S.1593 - 2003/2004 - Held in Judiciary
A.7771-A/S.5163-A - 2001/2002 - Held in Judiciary

 FISCAL IMPLICATIONS :

Local governments may experience some increased costs associated with
additional jail time for violators at an average statewide cost of
$100 a day.

 EFFECTIVE DATE :
The first day of November next succeeding the date on which it shall
have become a law.

2017-S4614 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4614
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 530.12 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.
                                                            LBD04656-01-7

 S. 4614                             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 530.12 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 530.12 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
 willful failure to obey such order involves violent behavior  constitut-

 S. 4614                             3
 
 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
 is  satisfied by competent proof that the defendant has willfully failed
 to obey any such order, (A) the court may:

 S. 4614                             4
 
   [(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 530.12 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.

2017-S4614A (ACTIVE) - Details

See Assembly Version of this Bill:: A10700
Current Committee:: Senate Children And Families
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 Other Legislative Sessions:: 2013-2014: A6439
2015-2016: A4423
2019-2020: A5705
2021-2022: A4727
2023-2024: A4249

2017-S4614A (ACTIVE) - Summary

Requires mandatory jail time for violators of orders of protection.

2017-S4614A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4614A

 TITLE OF BILL :  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 violators of orders of
protection

 PURPOSE :

To require mandatory sentences of imprisonment for individuals who
continue to violate orders of protection.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 amend the Domestic Relations Law to require that if
an order of protection is violated on one occasion, an individual must
serve a term of imprisonment of no less than five days; if an order of
protection is violated on two occasions, the individual must serve a
term of imprisonment of no less than fifteen days and if an order of
protection is violated on three or more occasions, the individual must
serve a time of imprisonment of no less than thirty days.

Sections 3 through 5 amend the Family Court Act and the Criminal
Procedure Law to make conforming changes.

Section 6 establishes the effective date.

 JUSTIFICATION :

Domestic violence is a growing problem in our society and to find
protections, many victims turn to the court system. In order to stop
the cycle of abuse and to ensure that abusers take orders of
protection seriously, mandatory jail time should be required.

This bill would provide a graduated system of imprisonment. If an
abuser violates an order of protection, he or she will be subject to a
mandatory prison sentence. If an abuser violates an order of
protection on repeated occasions, he or she will be subject to a
longer mandatory prison system. This should send the message to
abusers that domestic violence is a serious crime and should be
treated as such.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Local governments may experience some increased costs associated with
additional jail time for violators at an average statewide cost of
$100 a day.

 EFFECTIVE DATE :
The first day of November next succeeding the date on which it shall
have become a law.

2017-S4614A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4614--A
     Cal. No. 478
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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 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  ONE  OCCASION,  AND
 THIS  VIOLATION  CONSISTED  OF COMMITTING A FAMILY OFFENSE AS DEFINED IN
 SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT  ACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04656-02-7

 S. 4614--A                          2
 
 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
 FIVE DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR  PARTS  OF
 DAYS  AS  THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE ORDER HAS
 BEEN FOUND TO HAVE VIOLATED  SUCH  ORDER  ON  TWO  OCCASIONS,  AND  THIS
 VIOLATION  CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDI-
 VISION 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
 FIFTEEN DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS  OR  PARTS
 OF  DAYS  AS  THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE ORDER
 HAS BEEN FOUND TO HAVE VIOLATED SUCH ORDER ON THREE OR  MORE  OCCASIONS,
 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.
   § 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 ONE OCCASION, 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
 FIVE  DAYS,  WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF
 DAYS AS THE COURT MAY DIRECT. IF THE PERSON SO VIOLATING THE  ORDER  HAS
 BEEN  FOUND  TO  HAVE  VIOLATED  SUCH  ORDER  ON TWO OCCASIONS, AND THIS
 VIOLATION CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDI-
 VISION  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
 FIFTEEN  DAYS,  WHICH MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS
 OF DAYS AS THE COURT MAY DIRECT. IF THE PERSON SO  VIOLATING  THE  ORDER
 HAS  BEEN  FOUND TO HAVE VIOLATED SUCH ORDER ON THREE OR MORE OCCASIONS,
 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.

 S. 4614--A                          3
 
   § 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 ONE  OCCASION,  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 NO LESS THAN
 FIVE  DAYS.  IF THE RESPONDENT HAS BEEN FOUND BY COMPETENT PROOF TO HAVE
 WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON TWO OCCASIONS,  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 NO LESS THAN
 FIFTEEN  DAYS.  IF  THE  RESPONDENT HAS BEEN FOUND BY COMPETENT PROOF TO
 HAVE WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON THREE OR  MORE
 OCCASIONS,  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 PROCE-
 DURE LAW, THE COURT SHALL COMMIT SUCH PERSON TO A TERM  OF  IMPRISONMENT
 OF  NO LESS THAN THIRTY DAYS. 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 suspen-
 sion and commit  the  respondent  for  the  remainder  of  the  original
 sentence, or suspend the remainder of such sentence. If the court deter-
 mines  that  the  willful  failure  to  obey such order involves violent
 behavior constituting 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 subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
 vision 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 threat-
 ened 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  subpara-
 graph (f) of paragraph one of subdivision a of section 265.20 and subdi-

 S. 4614--A                          4

 vision  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  ONE  OCCASION, AND THIS WILLFUL FAILURE
 CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDIVISION  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 NO LESS THAN FIVE DAYS, WHICH MAY BE SERVED UPON CERTAIN
 SPECIFIED  DAYS  OR  PARTS OF DAYS AS THE COURT MAY DIRECT. IF THE COURT
 FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED  TO  OBEY  SUCH  ORDER  OF
 PROTECTION  ON  TWO  OCCASIONS,  AND  THIS  WILLFUL FAILURE CONSISTED OF
 COMMITTING A FAMILY OFFENSE  AS  DEFINED  IN  SUBDIVISION  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 NO LESS THAN FIFTEEN DAYS, WHICH MAY BE SERVED UPON CERTAIN SPECIFIED
 DAYS OR PARTS OF DAYS AS THE COURT MAY DIRECT. IF THE COURT  FINDS  THAT
 THE  DEFENDANT  HAS WILLFULLY FAILED TO OBEY SUCH ORDER OF PROTECTION ON
 THREE OR MORE OCCASIONS, AND THIS WILLFUL FAILURE CONSISTED  OF  COMMIT-
 TING  A  FAMILY OFFENSE AS DEFINED IN SUBDIVISION 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 NO  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
 is satisfied by competent proof that the defendant has willfully  failed
 to obey any such order, (A) the court may:

 S. 4614--A                          5
 
   [(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  ONE  OCCASION, AND THIS WILLFUL FAILURE
 CONSISTED OF COMMITTING A FAMILY OFFENSE AS DEFINED IN  SUBDIVISION  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 NO LESS THAN FIVE DAYS, WHICH MAY BE
 SERVED  UPON  CERTAIN  SPECIFIED  DAYS OR PARTS OF DAYS AS THE COURT MAY
 DIRECT. IF THE COURT FINDS THAT THE DEFENDANT HAS  WILLFULLY  FAILED  TO
 OBEY SUCH ORDER OF PROTECTION ON TWO OCCASIONS, AND THIS WILLFUL FAILURE
 CONSISTED  OF  COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVISION 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 NO LESS THAN FIFTEEN DAYS, WHICH MAY
 BE SERVED UPON CERTAIN SPECIFIED DAYS OR PARTS OF DAYS AS THE COURT  MAY
 DIRECT.  IF  THE  COURT FINDS THAT THE DEFENDANT HAS WILLFULLY FAILED TO
 OBEY SUCH ORDER OF PROTECTION ON THREE OR MORE OCCASIONS, AND THIS WILL-
 FUL FAILURE CONSISTED OF COMMITTING  A  FAMILY  OFFENSE  AS  DEFINED  IN
 SUBDIVISION  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 NO 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.

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Senate Bill S4614A

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Mar 21, 2017 - Children And Families Committee Vote

Children And Families Committee Vote: Mar 21, 2017

Bill Amendments

2017-S4614 - Details

2017-S4614 - Summary

2017-S4614 - Sponsor Memo

2017-S4614 - Bill Text download pdf

2017-S4614A (ACTIVE) - Details

2017-S4614A (ACTIVE) - Summary

2017-S4614A (ACTIVE) - Sponsor Memo

2017-S4614A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4614A

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

2017-S4614 - Details

2017-S4614 - Summary

2017-S4614 - Sponsor Memo

2017-S4614 - Bill Text download pdf

2017-S4614A (ACTIVE) - Details

2017-S4614A (ACTIVE) - Summary

2017-S4614A (ACTIVE) - Sponsor Memo

2017-S4614A (ACTIVE) - Bill Text download pdf

Comments