Bill Text: NY S01716 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides additional remedies for violations of orders of protection and probation in family offense cases including revocation of a license to possess firearms, mandatory counseling and probation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S01716 Detail]
Download: New_York-2011-S01716-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1716 2011-2012 Regular Sessions I N S E N A T E January 11, 2011 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act and the domestic relations law, in relation to violations of orders of protection and temporary orders of protection and probation in family offense cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 446 of the family court act is amended by adding a 2 new closing paragraph to read as follows: 3 A VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION 4 SHALL BE DEALT WITH IN ACCORDANCE WITH PART FIVE OF THIS ARTICLE OR 5 SECTIONS EIGHT HUNDRED FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT 6 HUNDRED FORTY-SEVEN OF THIS ACT. 7 S 2. Section 551 of the family court act is amended by adding a new 8 closing paragraph to read as follows: 9 A VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION 10 SHALL BE DEALT WITH IN ACCORDANCE WITH PART FIVE OF ARTICLE FOUR OR 11 SECTIONS EIGHT HUNDRED FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT 12 HUNDRED FORTY-SEVEN OF THIS ACT. 13 S 3. Section 656 of the family court act is amended by adding a new 14 closing paragraph to read as follows: 15 A VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION 16 SHALL BE DEALT WITH IN ACCORDANCE WITH SECTIONS EIGHT HUNDRED FORTY-SIX, 17 EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF THIS ACT. 18 S 4. Subdivision (c) of section 841 of the family court act, as 19 amended by chapter 222 of the laws of 1994, is amended to read as 20 follows: 21 (c) placing the respondent on probation for a period not exceeding 22 [one year, and requiring] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS 23 BEEN ISSUED FOR FIVE YEARS PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO 24 OF THIS PART, FIVE YEARS. THE ORDER MAY REQUIRE respondent to partic- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05980-02-1 S. 1716 2 1 ipate in a batterer's education program designed to help end violent 2 behavior, which may include referral to drug and alcohol counseling, and 3 to pay the costs thereof if respondent has the means to do so, provided 4 however that nothing contained herein shall be deemed to require payment 5 of the costs of any such program by the petitioner, the state or any 6 political subdivision thereof; or 7 S 5. Section 846-a of the family court act, as amended by chapter 597 8 of the laws of 1998, is amended to read as follows: 9 S 846-a. Powers on failure to obey order. If a respondent is brought 10 before the court for failure to obey any lawful order issued under this 11 article or an order of protection OR TEMPORARY ORDER OF PROTECTION 12 issued UNDER THIS ACT OR ISSUED by a court of competent jurisdiction of 13 another state, territorial or tribal jurisdiction in a proceeding and 14 if, after hearing, the court is satisfied by competent proof that the 15 respondent has willfully failed to obey [any] such order, the court may 16 DO ONE OR MORE OF THE FOLLOWING: 17 1. modify an existing order OR TEMPORARY ORDER OF PROTECTION to add 18 reasonable conditions of behavior to the existing order [of protection,] 19 OR TEMPORARY ORDER OR make a new order of protection in accordance with 20 [section eight hundred forty-two, may order the forfeiture of bail in a 21 manner consistent with article five hundred forty of the criminal proce- 22 dure law if bail has been ordered pursuant to] this act[, may]; 23 2. PLACE THE RESPONDENT ON PROBATION IN ACCORDANCE WITH SUBDIVISION 24 (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS PART UPON SUCH CONDITIONS 25 AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, A 26 DIRECTION THAT THE RESPONDENT PARTICIPATE IN A BATTERER'S EDUCATION 27 PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER- 28 RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF THE 29 RESPONDENT HAS THE MEANS TO DO SO, PROVIDED, HOWEVER, THAT NOTHING IN 30 THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF ANY 31 SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL SUBDIVISION 32 THEREOF; 33 3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION, 34 REVOKE SUCH ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH 35 PROBATION, PROVIDED, HOWEVER, THAT PENDING THE DETERMINATION OF A 36 VIOLATION OF PROBATION, THE PERIOD OF PROBATION SHALL BE TOLLED AS OF 37 THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION; 38 4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI- 39 SION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS PART OR, IF THE 40 RESPONDENT HAS ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, 41 MODIFY SUCH ORDER OF RESTITUTION; 42 5. order the respondent to pay the [petitioner's] reasonable and 43 necessary counsel fees AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES 44 AND/OR THE CHILD'S ATTORNEY in connection with the violation petition 45 [where the court finds that the violation of its order was willful, and 46 may]; 47 6. ORDER THE RESPONDENT TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF 48 MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND 49 TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR 50 THE ISSUANCE OF THE ORDER OR ITS VIOLATION; 51 7. SUSPEND AN ORDER OF VISITATION BETWEEN RESPONDENT AND HIS OR HER 52 CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPERVISED BY A 53 PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECIFIED 54 BY THE COURT; 55 8. commit the respondent to jail for a term not to exceed six months. 56 Such commitment may be served upon certain specified days or parts of S. 1716 3 1 days as the court may direct, and the court may, at any time within the 2 term of such sentence, revoke such [suspension] DIRECTION and commit the 3 respondent for the remainder of the original sentence, or suspend the 4 remainder of such sentence[. If]; AND 5 9. REVOKE OR, IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF 6 PROTECTION, SUSPEND ANY LICENSE OF THE RESPONDENT TO CARRY, POSSESS, 7 REPAIR AND DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL 8 LAW IMMEDIATELY, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL OF 9 ANY FIREARM SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines 10 that the willful failure to obey such order involves violent behavior 11 constituting the crimes of menacing, reckless endangerment, STALKING, 12 assault or attempted assault [and if such a respondent is licensed to 13 carry, possess, repair and dispose of firearms pursuant to section 14 400.00 of the penal law, the court may also immediately revoke such 15 license and may arrange for the immediate surrender and disposal of any 16 firearm such respondent owns or possesses]. If the willful failure to 17 obey such order involves the infliction of serious physical injury as 18 defined in subdivision ten of section 10.00 of the penal law or the use 19 or threatened use of a deadly weapon or dangerous instrument, as those 20 terms are defined in subdivisions twelve and thirteen of section 10.00 21 of the penal law, such revocation and immediate surrender and disposal 22 of any firearm owned or possessed by respondent shall be mandatory, 23 pursuant to subdivision eleven of section 400.00 of the penal law. 24 S 6. The first undesignated paragraph and the closing paragraph of 25 subdivision 3 of section 240 of the domestic relations law, as added by 26 chapter 606 of the laws of 1999, are amended and a new subdivision 3-d 27 is added to read as follows: 28 G. Any party moving for a temporary order of protection pursuant to 29 this subdivision during hours when the court is open shall be entitled 30 to file such motion or pleading containing such prayer for emergency 31 relief on the same day that such person first appears at such court, and 32 a hearing on the motion or portion of the pleading requesting such emer- 33 gency relief shall be held on the same day or the next day that the 34 court is in session following the filing of such motion or pleading. 35 H. Upon issuance of an order of protection or temporary order of 36 protection [or upon a violation of such order], the court may make an 37 order in accordance with section eight hundred forty-two-a of the family 38 court act directing the surrender of firearms, revoking or suspending a 39 party's firearms license, and/or directing that such party be ineligible 40 to receive a firearms license. Upon issuance of an order of protection 41 pursuant to this section [or upon a finding of a violation thereof], the 42 court also may direct payment of restitution in an amount not to exceed 43 ten thousand dollars in accordance with subdivision (e) of section eight 44 hundred forty-one of such act; provided, however, that in no case shall 45 an order of restitution be issued where the court determines that the 46 party against whom the order would be issued has already compensated the 47 injured party or where such compensation is incorporated in a final 48 judgment or settlement of the action. UPON A FINDING OF A WILLFUL 49 VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, 50 THE COURT MAY MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION THREE-D OF 51 THIS SECTION. 52 3-D. IF A PARTY IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN 53 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT 54 OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR 55 TRIBAL JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS S. 1716 4 1 SATISFIED BY COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO 2 OBEY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING: 3 A. MODIFY AN EXISTING ORDER OF PROTECTION OR TEMPORARY ORDER OF 4 PROTECTION TO ADD REASONABLE CONDITIONS OF BEHAVIOR TO THE EXISTING 5 ORDER OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY 6 ORDER OF PROTECTION IN ACCORDANCE WITH SUBDIVISION THREE OF THIS 7 SECTION; 8 B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 9 TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI- 10 SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON 11 SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE 12 LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER 13 OF PROTECTION OR TEMPORARY ORDER OF PROTECTION PARTICIPATE IN A 14 BATTERER'S EDUCATION PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR, 15 WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY 16 THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV- 17 ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT 18 OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY 19 POLITICAL SUBDIVISION THEREOF; 20 C. IF THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 21 TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT TO 22 SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT REVOKE SUCH 23 ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH PROBATION, PROVIDED, 24 HOWEVER, THAT PENDING THE DETERMINATION OF A VIOLATION OF PROBATION, THE 25 PERIOD OF PROBATION SHALL BE TOLLED AS OF THE DATE OF FILING OF THE 26 VIOLATION PETITION OR MOTION; 27 D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 28 TEMPORARY ORDER OF PROTECTION TO PAY RESTITUTION IN ACCORDANCE WITH 29 PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH PARTY HAS 30 ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER; 31 E. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 32 TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY COUN- 33 SEL FEES AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES AND/OR THE 34 CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION; 35 F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 36 TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF 37 MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND 38 TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR 39 THE ISSUANCE OF THE ORDER OR ITS VIOLATION; 40 G. SUSPEND AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO HAVE 41 VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND 42 HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPER- 43 VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS 44 SPECIFIED BY THE COURT; 45 H. COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 46 TEMPORARY ORDER OF PROTECTION TO JAIL FOR A TERM NOT TO EXCEED SIX 47 MONTHS. SUCH COMMITMENT MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR 48 PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY, AT ANY TIME 49 WITHIN THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH 50 PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN- 51 DER OF SUCH SENTENCE; AND 52 I. IN ACCORDANCE WITH PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION 53 AND SECTION EIGHT HUNDRED FORTY-SIX-A OF THE FAMILY COURT ACT, IMME- 54 DIATELY REVOKE OR, IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF 55 PROTECTION, SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF 56 FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND S. 1716 5 1 TO HAVE VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND 2 DISPOSAL OF ANY FIREARM SUCH PARTY OWNS OR POSSESSES, IF THE COURT 3 DETERMINES THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT 4 BEHAVIOR CONSTITUTING THE CRIMES OF MENACING, RECKLESS ENDANGERMENT, 5 STALKING, ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY 6 SUCH ORDER INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED 7 IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW OR THE USE OR 8 THREATENED USE OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT, AS THOSE 9 TERMS ARE DEFINED IN SUBDIVISIONS TWELVE AND THIRTEEN OF SECTION 10.00 10 OF THE PENAL LAW, SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL 11 OF ANY FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY, 12 PURSUANT TO SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW. 13 S 7. Subdivision 9 of section 252 of the domestic relations law, as 14 added by chapter 606 of the laws of 1999, is amended and a new subdivi- 15 sion 11 is added to read as follows: 16 9. Upon issuance of an order of protection or temporary order of 17 protection [or upon a violation of such order], the court may [take] 18 MAKE an order in accordance with section eight hundred forty-two-a of 19 the family court act directing the surrender of firearms, revoking or 20 suspending a party's firearms license, and/or directing that such party 21 be ineligible to receive a firearms license. Upon issuance of an order 22 of protection pursuant to this section [or upon a finding of a violation 23 thereof], the court also may direct payment of restitution in an amount 24 not to exceed ten thousand dollars in accordance with subdivision (e) of 25 section eight hundred forty-one of such act; provided, however, that in 26 no case shall an order of restitution be issued where the court deter- 27 mines that the party against whom the order would be issued has already 28 compensated the injured party or where such compensation is incorporated 29 in a final judgement or settlement of the action. UPON A FINDING OF A 30 WILLFUL VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF 31 PROTECTION, THE COURT MAY MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION 32 TEN OF THIS SECTION. 33 11. IF A PARTY IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN 34 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT 35 OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR 36 TRIBAL JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS 37 SATISFIED BY COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO 38 OBEY ANY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING: 39 A. MODIFY AN EXISTING ORDER OF PROTECTION OR TEMPORARY ORDER OF 40 PROTECTION TO ADD REASONABLE CONDITIONS OF BEHAVIOR TO THE EXISTING 41 ORDER OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY 42 ORDER OF PROTECTION IN ACCORDANCE WITH THIS SECTION; 43 B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 44 TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI- 45 SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON 46 SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE 47 LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER 48 OF PROTECTION OR TEMPORARY ORDER OF PROTECTION PARTICIPATE IN A 49 BATTERER'S EDUCATION PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR, 50 WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY 51 THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV- 52 ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT 53 OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY 54 POLITICAL SUBDIVISION THEREOF; 55 C. IF THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 56 TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT TO SUCH S. 1716 6 1 SECTION, REVOKE SUCH ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH 2 PROBATION, PROVIDED, HOWEVER, THAT PENDING THE DETERMINATION OF A 3 VIOLATION OF PROBATION, THE PERIOD OF PROBATION SHALL BE TOLLED AS OF 4 THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION; 5 D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 6 TEMPORARY ORDER OF PROTECTION TO PAY RESTITUTION IN ACCORDANCE WITH 7 SUBDIVISION NINE OF THIS SECTION OR, IF SUCH PARTY HAS ALREADY BEEN SO 8 ORDERED AND HAS WILLFULLY VIOLATED SUCH ORDER, MODIFY SUCH ORDER; 9 E. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 10 TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY COUN- 11 SEL FEES AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES AND/OR THE 12 CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION; 13 F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 14 TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF 15 MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND 16 TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR 17 THE ISSUANCE OF THE ORDER OR ITS VIOLATION; 18 G. SUSPEND AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO HAVE 19 VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND 20 HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPER- 21 VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS 22 SPECIFIED BY THE COURT; 23 H. COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR 24 TEMPORARY ORDER OF PROTECTION TO JAIL FOR A TERM NOT TO EXCEED SIX 25 MONTHS. SUCH COMMITMENT MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR 26 PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY, AT ANY TIME 27 WITHIN THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH 28 PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN- 29 DER OF SUCH SENTENCE; AND 30 I. IN ACCORDANCE WITH SUBDIVISION NINE OF THIS SECTION AND SECTION 31 EIGHT HUNDRED FORTY-SIX-A OF THE FAMILY COURT ACT, IMMEDIATELY REVOKE, 32 OR IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF PROTECTION, 33 SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS 34 PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND TO HAVE 35 VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL 36 OF ANY FIREARM SUCH PARTY OWNS OR POSSESSES, IF THE COURT DETERMINES 37 THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT BEHAVIOR 38 CONSTITUTING THE CRIMES OF MENACING, RECKLESS ENDANGERMENT, STALKING, 39 ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY SUCH ORDER 40 INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED IN SUBDI- 41 VISION TEN OF SECTION 10.00 OF THE PENAL LAW OR THE USE OR THREATENED 42 USE OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT, AS THOSE TERMS ARE 43 DEFINED IN SUBDIVISIONS TWELVE AND THIRTEEN OF SECTION 10.00 OF THE 44 PENAL LAW, SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL OF ANY 45 FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY, PURSUANT TO 46 SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW. 47 S 7. This act shall take effect on the ninetieth day after it shall 48 have become a law; provided, however, that section four of this act 49 shall apply to family offenses committed on or after such date.