New York S 4256: Requires mandatory jail time for repeat violators of orders of protection

Bill Text

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S04256 Summary:

BILL NOS04256 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRCOMRIE

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MLTSPNSR

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Amd §§240 & 252, Dom Rel L; amd §846-a, Fam Ct Act; amd §§530.12 & 530.13, CP L

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

Go to top S04256 Actions:

BILL NOS04256 

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02/03/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS04256 Committee&nbspVotes:

Go to topS04256 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04256 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4256

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. PARKER, COMRIE -- 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:

 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
 21 defined in subdivision one of section eight hundred twelve of the family
 22 court act or subdivision one of section 530.11 of the criminal procedure
 23 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.
 LBD07965-01-5

 S. 4256 2

 1 less than thirty days, which may be served upon certain specified days
 2 or parts of days as the court may direct.
 3 § 2. Subdivision 9 of section 252 of the domestic relations law, as
 4 amended by chapter 1 of the laws of 2013, is amended to read as
 5 follows:
 6 9. Upon issuance of an order of protection or temporary order of
 7 protection or upon a violation of such order, the court shall make a
 8 determination regarding the suspension and revocation of a license to
 9 carry, possess, repair or dispose of a firearm or firearms, ineligibil-
 10 ity for such a license and the surrender of firearms in accordance with
 11 sections eight hundred forty-two-a and eight hundred forty-six-a of the
 12 family court act, as applicable. Upon issuance of an order of protection
 13 pursuant to this section or upon a finding of a violation thereof, the
 14 court also may direct payment of restitution in an amount not to exceed
 15 ten thousand dollars in accordance with subdivision (e) of section eight
 16 hundred forty-one of such act; provided, however, that in no case shall
 17 an order of restitution be issued where the court determines that the
 18 party against whom the order would be issued has already compensated the
 19 injured party or where such compensa