NY State Senate Bill 2023-S6391

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Apr 18, 2023	referred to children and families

co-Sponsors

2023-S6391 (ACTIVE) - Details

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:: 2009-2010: S2580
2011-2012: S2441
2013-2014: S844
2015-2016: S3805
2017-2018: S3263
2019-2020: S4711
2021-2022: S5050

2023-S6391 (ACTIVE) - Summary

Requires mandatory jail time of no less than thirty days for repeat violators of orders of protection.

2023-S6391 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6391

SPONSOR: PARKER
 
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 OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

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.

Section 2: Subdivision 9 of section 252 of the domestic relations law,
as amended by chapter 1 of the laws of 2013, is amended.

Section 3: Section 846-a of the family court act, as amended by chapter
1 of the laws of 2013, is amended.

Section 4: Subdivision 11 of section 530.12 of the criminal procedure
law, as amended by section 15 of part of JJJ of chapter 59 of the laws
of 2019, is amended.

Section 5: Subdivision 8 of section 530.13 of the criminal procedure
law, as added by chapter 388 of the laws of 1984 and paragraph (a) as
amended by section 13 of part JJJ of chapter 59 of the laws of 2019, is
amended.

Section 6: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Domestic violence is an insidious social ill that affects far too many
families in our state. any 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 fami-
lies and give them greater peace of mind.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5050 - Referred to Children and Families

2019-20: S.4711A -Passed Senate, recommit to Children and Families

2017-18: S.3263 - passed the Senate, Delivered to assembly, referred to
Judiciary

2015-16: S.3805/A.8591 Passed Senate/Died in Assembly Judiciary

2013-14: S.844B - Passed Senate/ Died in Assembly Judiciary

2011-12: S.2441/A.6188 - Died in Children & Families

2009-10: S.2580/A.6084 - Referred to Children & Families

2007-08: S.2947/A.5314 - Held in Judiciary

2005-06: S.3673/A.6407 - Held in Judiciary

2003-04: S.1593/A.3518 - Held in Judiciary

2001-02: S.5163-A/A.7771 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:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2023-S6391 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6391
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE, KENNEDY -- 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 530.11 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.
                                                            LBD07752-01-3

 S. 6391                             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 530.11 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.
   § 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 530.11 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
 S. 6391                             3
 
 willful  failure to obey such order involves violent behavior constitut-
 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 section 15 of part JJJ of chapter 59 of the laws of 2019,
 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,  territorial  or
 tribal  jurisdiction,  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:
   [(a)] (I) revoke an order of recognizance or release  under  non-mone-
 tary  conditions  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  A  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, and paragraph (a) as amended
 by section 13 of part JJJ of chapter 59 of the laws of 2019, 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
 S. 6391                             4
 
 is  satisfied 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, release under non-monetary
 conditions 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 530.11 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 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.

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Senate Bill S6391

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2023-S6391 (ACTIVE) - Details

2023-S6391 (ACTIVE) - Summary

2023-S6391 (ACTIVE) - Sponsor Memo

2023-S6391 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6391

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Leroy Comrie

Timothy M. Kennedy

2023-S6391 (ACTIVE) - Details

2023-S6391 (ACTIVE) - Summary

2023-S6391 (ACTIVE) - Sponsor Memo

2023-S6391 (ACTIVE) - Bill Text download pdf

Comments