Bill Text: NY S04711 | 2019-2020 | General Assembly | Amended
Bill Title: Requires mandatory jail time of no less than thirty days for repeat violators of orders of protection.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2020-01-16 - PRINT NUMBER 4711A [S04711 Detail]
Download: New_York-2019-S04711-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4711--A 2019-2020 Regular Sessions IN SENATE March 21, 2019 ___________ 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. LBD09531-02-0S. 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 amendedS. 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.
