STATE OF NEW YORK
________________________________________________________________________
4711--A
2019-2020 Regular Sessions
IN SENATE
March 21, 2019
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Introduced by Sens. PARKER, COMRIE, KAPLAN, KENNEDY -- 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:
1 Section 1. Paragraph h of subdivision 3 of section 240 of the domestic
2 relations law, as amended by chapter 1 of the laws of 2013, is amended
3 to read as follows:
4 h. Upon issuance of an order of protection or temporary order of
5 protection or upon a violation of such order, the court shall make a
6 determination regarding the suspension and revocation of a license to
7 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
8 ity for such a license and the surrender of firearms in accordance with
9 sections eight hundred forty-two-a and eight hundred forty-six-a of the
10 family court act, as applicable. Upon issuance of an order of protection
11 pursuant to this section or upon a finding of a violation thereof, the
12 court also may direct payment of restitution in an amount not to exceed
13 ten thousand dollars in accordance with subdivision (e) of section eight
14 hundred forty-one of such act; provided, however, that in no case shall
15 an order of restitution be issued where the court determines that the
16 party against whom the order would be issued has already compensated the
17 injured party or where such compensation is incorporated in a final
18 judgment or settlement of the action. If the person so violating the
19 order has been found to have violated such order on more than one occa-
20 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.
LBD09531-02-0
S. 4711--A 2
1 defined in subdivision one of section eight hundred twelve of the family
2 court act or subdivision one of section 530.11 of the criminal procedure
3 law, the court shall commit such person to a term of imprisonment of no
4 less than thirty days, which may be served upon certain specified days
5 or parts of days as the court may direct.
6 § 2. Subdivision 9 of section 252 of the domestic relations law, as
7 amended by chapter 1 of the laws of 2013, is amended to read as
8 follows:
9 9. Upon issuance of an order of protection or temporary order of
10 protection or upon a violation of such order, the court shall make a
11 determination regarding the suspension and revocation of a license to
12 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
13 ity for such a license and the surrender of firearms in accordance with
14 sections eight hundred forty-two-a and eight hundred forty-six-a of the
15 family court act, as applicable. Upon issuance of an order of protection
16 pursuant to this section or upon a finding of a violation thereof, the
17 court also may direct payment of restitution in an amount not to exceed
18 ten thousand dollars in accordance with subdivision (e) of section eight
19 hundred forty-one of such act; provided, however, that in no case shall
20 an order of restitution be issued where the court determines that the
21 party against whom the order would be issued has already compensated the
22 injured party or where such compensation is incorporated in a final
23 judgment or settlement of the action. If the person so violating the
24 order has been found to have violated such order on more than one occa-
25 sion, and this violation consisted of committing a family offense as
26 defined in subdivision one of section eight hundred twelve of the family
27 court act or subdivision one of section 530.11 of the criminal procedure
28 law, the court shall commit such person to a term of imprisonment of no
29 less than thirty days, which may be served upon certain specified days
30 or parts of days as the court may direct.
31 § 3. Section 846-a of the family court act, as amended by chapter 1 of
32 the laws of 2013, is amended to read as follows:
33 § 846-a. Powers on failure to obey order. If a respondent is brought
34 before the court for failure to obey any lawful order issued under this
35 article or an order of protection or temporary order of protection
36 issued pursuant to this act or issued by a court of competent jurisdic-
37 tion of another state, territorial or tribal jurisdiction and if, after
38 hearing, the court is satisfied by competent proof that the respondent
39 has willfully failed to obey any such order, the court may modify an
40 existing order or temporary order of protection to add reasonable condi-
41 tions of behavior to the existing order, make a new order of protection
42 in accordance with section eight hundred forty-two of this part, may
43 order the forfeiture of bail in a manner consistent with article five
44 hundred forty of the criminal procedure law if bail has been ordered
45 pursuant to this act, may order the respondent to pay the petitioner's
46 reasonable and necessary counsel fees in connection with the violation
47 petition where the court finds that the violation of its order was will-
48 ful, and may commit the respondent to jail for a term not to exceed six
49 months. If the respondent has been found by competent proof to have
50 willfully failed to obey such order of protection on more than one occa-
51 sion, and this willful failure consisted of committing a family offense
52 as defined in subdivision one of section eight hundred twelve of this
53 article or subdivision one of section 530.11 of the criminal procedure
54 law, the court shall commit such person to a term of imprisonment of not
55 less than thirty days. Such commitment may be served upon certain speci-
56 fied days or parts of days as the court may direct, and the court may,
S. 4711--A 3
1 at any time within the term of such sentence, revoke such suspension and
2 commit the respondent for the remainder of the original sentence, or
3 suspend the remainder of such sentence. If the court determines that the
4 willful failure to obey such order involves violent behavior constitut-
5 ing the crimes of menacing, reckless endangerment, assault or attempted
6 assault and if such a respondent is licensed to carry, possess, repair
7 and dispose of firearms pursuant to section 400.00 of the penal law, the
8 court may also immediately revoke such license and may arrange for the
9 immediate surrender pursuant to subparagraph (f) of paragraph one of
10 subdivision a of section 265.20 and subdivision six of section 400.05 of
11 the penal law, and disposal of any firearm such respondent owns or
12 possesses. If the willful failure to obey such order involves the
13 infliction of physical injury as defined in subdivision nine of section
14 10.00 of the penal law or the use or threatened use of a deadly weapon
15 or dangerous instrument, as those terms are defined in subdivisions
16 twelve and thirteen of section 10.00 of the penal law, such revocation
17 and immediate surrender pursuant to subparagraph (f) of paragraph one of
18 subdivision a of section 265.20 and subdivision six of section 400.05 of
19 the penal law [six] and disposal of any firearm owned or possessed by
20 respondent shall be mandatory, pursuant to subdivision eleven of section
21 400.00 of the penal law.
22 § 4. Subdivision 11 of section 530.12 of the criminal procedure law,
23 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
24 is amended to read as follows:
25 11. If a defendant is brought before the court for failure to obey any
26 lawful order issued under this section, or an order of protection issued
27 by a court of competent jurisdiction in another state, territorial or
28 tribal jurisdiction, and if, after hearing, the court is satisfied by
29 competent proof that the defendant has willfully failed to obey any such
30 order, (a) the court may:
31 [(a)] (i) revoke an order of recognizance or release under non-mone-
32 tary conditions or revoke an order of bail or order forfeiture of such
33 bail and commit the defendant to custody; or
34 [(b)] (ii) restore the case to the calendar when there has been an
35 adjournment in contemplation of dismissal and commit the defendant to
36 custody; or
37 [(c)] (iii) revoke a conditional discharge in accordance with section
38 410.70 of this chapter and impose probation supervision or impose a
39 sentence of imprisonment in accordance with the penal law based on the
40 original conviction; or
41 [(d)] (iv) revoke probation in accordance with section 410.70 of this
42 chapter and impose a sentence of imprisonment in accordance with the
43 penal law based on the original conviction. In addition, if the act
44 which constitutes the violation of the order of protection or temporary
45 order of protection is a crime or a violation the defendant may be
46 charged with and tried for that crime or violation; and
47 (b) If the court finds that the defendant has willfully failed to obey
48 such order of protection on more than one occasion and this willful
49 failure consisted of committing a family offense as defined in subdivi-
50 sion one of this section or subdivision one of section eight hundred
51 twelve of a family court act, the court shall commit such person to a
52 term of imprisonment of not less than thirty days, which may be served
53 upon certain specified days or parts of days as the court may direct.
54 § 5. Subdivision 8 of section 530.13 of the criminal procedure law, as
55 added by chapter 388 of the laws of 1984, and paragraph (a) as amended
S. 4711--A 4
1 by section 13 of part JJJ of chapter 59 of the laws of 2019, is amended
2 to read as follows:
3 8. If a defendant is brought before the court for failure to obey any
4 lawful order issued under this section and if, after hearing, the court
5 is satisfied by competent proof that the defendant has willfully failed
6 to obey any such order, (a) the court may:
7 [(a)] (i) revoke an order of recognizance, release under non-monetary
8 conditions or bail and commit the defendant to custody; or
9 [(b)] (ii) restore the case to the calendar when there has been an
10 adjournment in contemplation of dismissal and commit the defendant to
11 custody or impose or increase bail pending a trial of the original crime
12 or violation; or
13 [(c)] (iii) revoke a conditional discharge in accordance with section
14 410.70 of this chapter and impose probation supervision or impose a
15 sentence of imprisonment in accordance with the penal law based on the
16 original conviction; or
17 [(d)] (iv) revoke probation in accordance with section 410.70 of this
18 chapter and impose a sentence of imprisonment in accordance with the
19 penal law based on the original conviction. In addition, if the act
20 which constitutes the violation of the order of protection or temporary
21 order of protection is a crime or a violation the defendant may be
22 charged with and tried for that crime or violation; and
23 (b) if the court finds that the defendant has willfully failed to obey
24 such order of protection on more than one occasion and this willful
25 failure consisted of committing a family offense as defined in subdivi-
26 sion one of section 530.11 of this article or subdivision one of section
27 eight hundred twelve of the family court act, the court shall commit
28 such person to a term of imprisonment of not less than thirty days,
29 which may be served upon certain specified days or parts of days as the
30 court may direct.
31 § 6. This act shall take effect on the first of November next succeed-
32 ing the date on which it shall have become a law.