Bill Text: NY A03430 | 2017-2018 | General Assembly | Amended
Bill Title: Requires mandatory jail time for violators of orders of protection.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Introduced - Dead) 2017-05-05 - print number 3430a [A03430 Detail]
Download: New_York-2017-A03430-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3430--A 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. McKEVITT, SKOUFIS, WALTER, MONTESANO, GIGLIO, RAIA, LUPINACCI, CROUCH, MORINELLO, B. MILLER -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, HAWLEY, JOHNS, KEARNS, McDONOUGH, McLAUGH- LIN, OAKS, RA, THIELE -- read once and referred to the Committee on Judiciary -- 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 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 one occasion, and 20 this violation consisted of committing a family offense as defined in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04656-03-7A. 3430--A 2 1 subdivision one of section eight hundred twelve of the family court act 2 or subdivision one of section 530.11 of the criminal procedure law, the 3 court shall commit such person to a term of imprisonment of no less than 4 five days, which may be served upon certain specified days or parts of 5 days as the court may direct. If the person so violating the order has 6 been found to have violated such order on two occasions, and this 7 violation consisted of committing a family offense as defined in subdi- 8 vision one of section eight hundred twelve of the family court act or 9 subdivision one of section 530.11 of the criminal procedure law, the 10 court shall commit such person to a term of imprisonment of no less than 11 fifteen days, which may be served upon certain specified days or parts 12 of days as the court may direct. If the person so violating the order 13 has been found to have violated such order on three or more occasions, 14 and this violation consisted of committing a family offense as defined 15 in subdivision one of section eight hundred twelve of the family court 16 act or subdivision one of section 530.11 of the criminal procedure law, 17 the court shall commit such person to a term of imprisonment of no less 18 than thirty days, which may be served upon certain specified days or 19 parts of days as the court may direct. 20 § 2. Subdivision 9 of section 252 of the domestic relations law, as 21 amended by chapter 1 of the laws of 2013, is amended to read as follows: 22 9. Upon issuance of an order of protection or temporary order of 23 protection or upon a violation of such order, the court shall make a 24 determination regarding the suspension and revocation of a license to 25 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 26 ity for such a license and the surrender of firearms in accordance with 27 sections eight hundred forty-two-a and eight hundred forty-six-a of the 28 family court act, as applicable. Upon issuance of an order of protection 29 pursuant to this section or upon a finding of a violation thereof, the 30 court also may direct payment of restitution in an amount not to exceed 31 ten thousand dollars in accordance with subdivision (e) of section eight 32 hundred forty-one of such act; provided, however, that in no case shall 33 an order of restitution be issued where the court determines that the 34 party against whom the order would be issued has already compensated the 35 injured party or where such compensation is incorporated in a final 36 judgment or settlement of the action. If the person so violating the 37 order has been found to have violated such order on one occasion, and 38 this violation consisted of committing a family offense as defined in 39 subdivision one of section eight hundred twelve of the family court act 40 or subdivision one of section 530.11 of the criminal procedure law, the 41 court shall commit such person to a term of imprisonment of no less than 42 five days, which may be served upon certain specified days or parts of 43 days as the court may direct. If the person so violating the order has 44 been found to have violated such order on two occasions, and this 45 violation consisted of committing a family offense as defined in subdi- 46 vision one of section eight hundred twelve of the family court act or 47 subdivision one of section 530.11 of the criminal procedure law, the 48 court shall commit such person to a term of imprisonment of no less than 49 fifteen days, which may be served upon certain specified days or parts 50 of days as the court may direct. If the person so violating the order 51 has been found to have violated such order on three or more occasions, 52 and this violation consisted of committing a family offense as defined 53 in subdivision one of section eight hundred twelve of the family court 54 act or subdivision one of section 530.11 of the criminal procedure law, 55 the court shall commit such person to a term of imprisonment of no lessA. 3430--A 3 1 than thirty days, which may be served upon certain specified days or 2 parts of days as the court may direct. 3 § 3. Section 846-a of the family court act, as amended by chapter 1 of 4 the laws of 2013, is amended to read as follows: 5 § 846-a. Powers on failure to obey order. If a respondent is brought 6 before the court for failure to obey any lawful order issued under this 7 article or an order of protection or temporary order of protection 8 issued pursuant to this act or issued by a court of competent jurisdic- 9 tion of another state, territorial or tribal jurisdiction and if, after 10 hearing, the court is satisfied by competent proof that the respondent 11 has willfully failed to obey any such order, the court may modify an 12 existing order or temporary order of protection to add reasonable condi- 13 tions of behavior to the existing order, make a new order of protection 14 in accordance with section eight hundred forty-two of this part, may 15 order the forfeiture of bail in a manner consistent with article five 16 hundred forty of the criminal procedure law if bail has been ordered 17 pursuant to this act, may order the respondent to pay the petitioner's 18 reasonable and necessary counsel fees in connection with the violation 19 petition where the court finds that the violation of its order was will- 20 ful, and may commit the respondent to jail for a term not to exceed six 21 months. If the respondent has been found by competent proof to have 22 willfully failed to obey such order of protection on one occasion, and 23 this willful failure consisted of committing a family offense as defined 24 in subdivision one of section eight hundred twelve of this article or 25 subdivision one of section 530.11 of the criminal procedure law, the 26 court shall commit such person to a term of imprisonment of no less than 27 five days. If the respondent has been found by competent proof to have 28 willfully failed to obey such order of protection on two occasions, and 29 this willful failure consisted of committing a family offense as defined 30 in subdivision one of section eight hundred twelve of this article or 31 subdivision one of section 530.11 of the criminal procedure law, the 32 court shall commit such person to a term of imprisonment of no less than 33 fifteen days. If the respondent has been found by competent proof to 34 have willfully failed to obey such order of protection on three or more 35 occasions, and this willful failure consisted of committing a family 36 offense as defined in subdivision one of section eight hundred twelve of 37 this article or subdivision one of section 530.11 of the criminal proce- 38 dure law, the court shall commit such person to a term of imprisonment 39 of no less than thirty days. Such commitment may be served upon certain 40 specified days or parts of days as the court may direct, and the court 41 may, at any time within the term of such sentence, revoke such suspen- 42 sion and commit the respondent for the remainder of the original 43 sentence, or suspend the remainder of such sentence. If the court deter- 44 mines that the willful failure to obey such order involves violent 45 behavior constituting the crimes of menacing, reckless endangerment, 46 assault or attempted assault and if such a respondent is licensed to 47 carry, possess, repair and dispose of firearms pursuant to section 48 400.00 of the penal law, the court may also immediately revoke such 49 license and may arrange for the immediate surrender pursuant to subpara- 50 graph (f) of paragraph one of subdivision a of section 265.20 and subdi- 51 vision six of section 400.05 of the penal law, and disposal of any 52 firearm such respondent owns or possesses. If the willful failure to 53 obey such order involves the infliction of physical injury as defined in 54 subdivision nine of section 10.00 of the penal law or the use or threat- 55 ened use of a deadly weapon or dangerous instrument, as those terms are 56 defined in subdivisions twelve and thirteen of section 10.00 of theA. 3430--A 4 1 penal law, such revocation and immediate surrender pursuant to subpara- 2 graph (f) of paragraph one of subdivision a of section 265.20 and subdi- 3 vision six of section 400.05 of the penal law [six] and disposal of any 4 firearm owned or possessed by respondent shall be mandatory, pursuant to 5 subdivision eleven of section 400.00 of the penal law. 6 § 4. Subdivision 11 of section 530.12 of the criminal procedure law, 7 as amended by chapter 498 of the laws of 1993, the opening paragraph as 8 amended by chapter 597 of the laws of 1998, paragraph (a) as amended by 9 chapter 222 of the laws of 1994 and paragraph (d) as amended by chapter 10 644 of the laws of 1996, is amended to read as follows: 11 11. If a defendant is brought before the court for failure to obey 12 any lawful order issued under this section, or an order of protection 13 issued by a court of competent jurisdiction in another state, territo- 14 rial or tribal jurisdiction, and if, after hearing, the court is satis- 15 fied by competent proof that the defendant has willfully failed to obey 16 any such order, (a) the court may: 17 [(a)] (i) revoke an order of recognizance or revoke an order of bail 18 or order forfeiture of such bail and commit the defendant to custody; or 19 [(b)] (ii) restore the case to the calendar when there has been an 20 adjournment in contemplation of dismissal and commit the defendant to 21 custody; or 22 [(c)] (iii) revoke a conditional discharge in accordance with section 23 410.70 of this chapter and impose probation supervision or impose a 24 sentence of imprisonment in accordance with the penal law based on the 25 original conviction; or 26 [(d)] (iv) revoke probation in accordance with section 410.70 of this 27 chapter and impose a sentence of imprisonment in accordance with the 28 penal law based on the original conviction. In addition, if the act 29 which constitutes the violation of the order of protection or temporary 30 order of protection is a crime or a violation the defendant may be 31 charged with and tried for that crime or violation; and 32 (b) If the court finds that the defendant has willfully failed to obey 33 such order of protection on one occasion, and this willful failure 34 consisted of committing a family offense as defined in subdivision one 35 of this section or subdivision one of section eight hundred twelve of 36 the family court act, the court shall commit such person to a term of 37 imprisonment of no less than five days, which may be served upon certain 38 specified days or parts of days as the court may direct. If the court 39 finds that the defendant has willfully failed to obey such order of 40 protection on two occasions, and this willful failure consisted of 41 committing a family offense as defined in subdivision one of this 42 section or subdivision one of section eight hundred twelve of the family 43 court act, the court shall commit such person to a term of imprisonment 44 of no less than fifteen days, which may be served upon certain specified 45 days or parts of days as the court may direct. If the court finds that 46 the defendant has willfully failed to obey such order of protection on 47 three or more occasions, and this willful failure consisted of commit- 48 ting a family offense as defined in subdivision one of this section or 49 subdivision one of section eight hundred twelve of the family court act, 50 the court shall commit such person to a term of imprisonment of no less 51 than thirty days, which may be served upon certain specified days or 52 parts of days as the court may direct. 53 § 5. Subdivision 8 of section 530.13 of the criminal procedure law, as 54 added by chapter 388 of the laws of 1984, is amended to read as follows: 55 8. If a defendant is brought before the court for failure to obey any 56 lawful order issued under this section and if, after hearing, the courtA. 3430--A 5 1 is satisfied by competent proof that the defendant has willfully failed 2 to obey any such order, (a) the court may: 3 [(a)] (i) revoke an order of recognizance or bail and commit the 4 defendant to custody; or 5 [(b)] (ii) restore the case to the calendar when there has been an 6 adjournment in contemplation of dismissal and commit the defendant to 7 custody or impose or increase bail pending a trial of the original crime 8 or violation; or 9 [(c)] (iii) revoke a conditional discharge in accordance with section 10 410.70 of this chapter and impose probation supervision or impose a 11 sentence of imprisonment in accordance with the penal law based on the 12 original conviction; or 13 [(d)] (iv) revoke probation in accordance with section 410.70 of this 14 chapter and impose a sentence of imprisonment in accordance with the 15 penal law based on the original conviction. In addition, if the act 16 which constitutes the violation of the order of protection or temporary 17 order of protection is a crime or a violation the defendant may be 18 charged with and tried for that crime or violation; and 19 (b) If the court finds that the defendant has willfully failed to obey 20 such order of protection on one occasion, and this willful failure 21 consisted of committing a family offense as defined in subdivision one 22 of section 530.11 of this article or subdivision one of section eight 23 hundred twelve of the family court act, the court shall commit such 24 person to a term of imprisonment of no less than five days, which may be 25 served upon certain specified days or parts of days as the court may 26 direct. If the court finds that the defendant has willfully failed to 27 obey such order of protection on two occasions, and this willful failure 28 consisted of committing a family offense as defined in subdivision one 29 of section 530.11 of this article or subdivision one of section eight 30 hundred twelve of the family court act, the court shall commit such 31 person to a term of imprisonment of no less than fifteen days, which may 32 be served upon certain specified days or parts of days as the court may 33 direct. If the court finds that the defendant has willfully failed to 34 obey such order of protection on three or more occasions, and this will- 35 ful failure consisted of committing a family offense as defined in 36 subdivision one of section 530.11 of this article or subdivision one of 37 section eight hundred twelve of the family court act, the court shall 38 commit such person to a term of imprisonment of no less than thirty 39 days, which may be served upon certain specified days or parts of days 40 as the court may direct. 41 § 6. This act shall take effect on the first of November next succeed- 42 ing the date on which it shall have become a law.
