NY State Senate Bill 2009-S2580

Archive: Last 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 06, 2010	referred to children and families
Feb 24, 2009	referred to children and families

2009-S2580 (ACTIVE) - Details

See Assembly Version of this Bill:: A6084
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:: 2011-2012: S2441, A6188
2013-2014: S844
2015-2016: S3805
2017-2018: S3263
2019-2020: S4711
2021-2022: S5050
2023-2024: S6391

2009-S2580 (ACTIVE) - Summary

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

2009-S2580 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2580

 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 :
Sections 1 and 2 amend the Domestic Relations Law to require no less
than thirty days imprisonment for an individual who violates an order
of protection on more than one occasion.

Sections 3 through 7 amend the Family Court Act and the Criminal
Procedure Law to make conforming changes.

Section 8 establishes the effective date.

 JUSTIFICATION :
Domestic violence is an insidious social ill that affects far too many
families in our state. Many 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 families and give them
greater peace of mind.

 PRIOR LEGISLATIVE HISTORY :
A.5314/S.2947 - 2007/2008 - Held in Judiciary
A.6407/S.3673 - 2005/2006 - Held in Judiciary
A.3518/S.1593 - 2003/2004 - Held in Judiciary
A.7771-A/S.5163-A - 2001/2002 - 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 :
The first day of November next succeeding the date on which it shall
have become a law.

2009-S2580 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2580                                                  A. 6084

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 24, 2009
                               ___________

IN SENATE -- Introduced by Sen. ALESI -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. ERRIGO,  BARRA,  BURLING,  CROUCH,
  FINCH, GIGLIO, HAWLEY, HAYES, KOLB, TOBACCO, WALKER -- Multi-Sponsored
  by  --  M. of A. BARCLAY, CORWIN, DUPREY, JORDAN, McDONOUGH, McKEVITT,
  QUINN, RABBITT, RAIA, SAYWARD, SCOZZAFAVA,  SEMINERIO,  THIELE,  TOWN-
  SEND, WEISENBERG -- read once and referred to the Committee on Judici-
  ary

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.  The  closing paragraph of subdivision 3 of section 240 of
the domestic relations law, as added by chapter 606 of the laws of 1999,
is amended to read as follows:
  Upon issuance  of  an  order  of  protection  or  temporary  order  of
protection  or  upon  a  violation  of such order, the court may make an
order in accordance with section eight hundred forty-two-a of the family
court act directing the surrender of firearms, revoking or suspending  a
party's firearms license, and/or directing that such party be ineligible
to  receive  a firearms license. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05846-01-9

S. 2580                             2                            A. 6084

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 530.12 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.
  S  2.  Subdivision  9 of section 252 of the domestic relations law, as
added by chapter 606   of the laws  of  1999,  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 may [take]  MAKE
an  order  in  accordance  with section eight hundred forty-two-a of the
family court act  directing  the  surrender  of  firearms,  revoking  or
suspending  a party's firearms license, and/or directing that such party
be ineligible to receive a firearms license. 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  deter-
mines  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 [judgement] 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 OCCASION, 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 530.12 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.
  S  3. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
  S 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 issued by a court of competent  juris-
diction  of  another  state,  territorial  or  tribal  jurisdiction in a
proceeding 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 to add reasonable  conditions  of
behavior  to  the  existing  order  of  protection,  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 arti-
cle  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 willful, 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 OCCASION, 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 530.12 OF THE CRIM-
INAL PROCEDURE LAW, THE COURT SHALL COMMIT SUCH  PERSON  TO  A  TERM  OF
IMPRISONMENT OF NOT LESS THAN THIRTY DAYS. Such commitment may be served

S. 2580                             3                            A. 6084

upon  certain  specified  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 willful failure to obey  such  order  involves
violent behavior constituting the crimes of menacing, reckless endanger-
ment,  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 and disposal of  any
firearm  such  respondent  owns or possesses.  If the willful failure to
obey such order involves the infliction of serious  physical  injury  as
defined  in subdivision ten 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  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.
  S 4. Subdivision 11 of section 530.12 of the criminal  procedure  law,
as  amended by chapter 498 of the laws of 1993, the opening paragraph as
amended by chapter 597 of the laws of 1998, paragraph (a) as amended  by
chapter  222 of the laws of 1994 and paragraph (d) as amended by chapter
644 of the laws of 1996, 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,  territo-
rial  or tribal jurisdiction, and if, after hearing, the court is satis-
fied 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 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 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.
  S 5. Subdivision 8 of section 530.13 of the criminal procedure law, as
added by chapter 388 of the laws of 1984, 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. 2580                             4                            A. 6084

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 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 530.12 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.
  S 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 S2580

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2009-S2580 (ACTIVE) - Details

2009-S2580 (ACTIVE) - Summary

2009-S2580 (ACTIVE) - Sponsor Memo

2009-S2580 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2580

Share this bill

Sponsored By

James S. Alesi

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2009-S2580 (ACTIVE) - Details

2009-S2580 (ACTIVE) - Summary

2009-S2580 (ACTIVE) - Sponsor Memo

2009-S2580 (ACTIVE) - Bill Text download pdf

Comments