New York A 1596: Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense

Bill Text

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A01596 Summary:

BILL NOA01596 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMikulin

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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

&nbsp

Requires mandatory jail time for violators of orders of protection.

Go to top A01596 Actions:

BILL NOA01596 

&nbsp

01/10/2025referred to judiciary

05/20/2025held for consideration in judiciary

01/07/2026referred to judiciary

Go to topA01596 Committee&nbspVotes:

Committee:JUDICIARY Chair:Lavine 
DATE:05/20/2025AYE/NAY:14/6 Action: Held for Consideration LavineAyeTannousisNay

WeprinAyeWalshNay

BraunsteinAyeBrownNay

SteckAyeMikulinNay

SeawrightAyeSmithNay

WalkerAyeMolitorNay

McMahonAye

MitaynesAye

RajkumarAye

SimonAye

SayeghExcused

LunsfordAye

BergerAye

ShimskyAye

CarrollAye

Go to topA01596 Floor&nbspVotes:

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

Go to topA01596 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1596

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
 tee on Judiciary

 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 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 one occasion, and
 20 this violation consisted of committing a family offense as defined in
 21 subdivision one of section eight hundred twelve of the family court act
 22 or subdivision one of section 530.11 of the criminal procedure law, the
 23 court shall commit such person to a term of imprisonment of no less than
 24 five days, which may be served upon certain specified days or parts of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00196-01-5

 A. 1596 2

 1 days as the court may direct. If the person so violating the order has
 2 been found to have violated such order on two occasions, and this
 3 violation consisted of committing a family offense as defined in subdi-
 4 vision one of section eight hundred twelve of the family court act or
 5 subdivision one of section 530.11 of the criminal procedure law, the
 6 court shall commit such person to a term of imprisonment of no less than
 7 fifteen days, which may be served upon certain specified days or parts
 8 of days as the court may direct. If the person so violating the order
 9 has been found to have violated such order on three or more occasions,
 10 and this violation consisted of committing a family offense as defined
 11 in subdivision one of section eight hundred twelve of the family court
 12 act or subdivision one of section 530.11 of the criminal procedure law,
 13 the court shall commit such person to a term of imprisonment of n