S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5220--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2013
                                      ___________
       Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
         tration)  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Judiciary -- recommitted to the  Commit-
         tee on Judiciary 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 family court act and the domestic relations law, in
         relation  to  conditions  of  orders  of  protection  in   matrimonial
         proceedings  and  violations  of  orders  of  protection and temporary
         orders of protection and probation in  matrimonial  and  family  court
         proceedings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 430 of the family court act is amended by adding  a
    2  new subdivision (d) to read as follows:
    3    (D)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
    4  TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
    5  ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
    6  FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
    7  EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS  ACT;  PROVIDED,  HOWEVER, THAT AN
    8  ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
    9  ORDER ISSUED UNDER THIS ARTICLE SHALL BE  GOVERNED  BY  PARTS  FIVE  AND
   10  SEVEN OF THIS ARTICLE.
   11    S  2.  Section 446-a of the family court act, as added by chapter 1 of
   12  the laws of 2013, is amended to read as follows:
   13    S 446-a. Firearms; surrender and license  suspension,  revocation  and
   14  ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
   15  ORDER  OF  PROTECTION.    Upon the issuance of an order of protection or
   16  temporary order of protection, or upon a violation of  such  order,  the
   17  court shall make a determination regarding the suspension and revocation
   18  of  a  license  to  carry,  possess,  repair  or dispose of a firearm or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09765-05-4
       S. 5220--A                          2
    1  firearms, ineligibility for such a license and the surrender of firearms
    2  in accordance with section eight hundred forty-two-a of this act.  IF  A
    3  RESPONDENT  IS  BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
    4  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
    5  BE  GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED FORTY-
    6  SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS
    7  ACT;  PROVIDED, HOWEVER, THAT AN ALLEGED VIOLATION CONSISTING OF NONPAY-
    8  MENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE SHALL
    9  BE GOVERNED BY PARTS FIVE AND SEVEN OF THIS ARTICLE.
   10    S 3. Section 550 of the family court act is amended by  adding  a  new
   11  subdivision (d) to read as follows:
   12    (D)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
   13  TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
   14  ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
   15  FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
   16  EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS  ACT;  PROVIDED,  HOWEVER, THAT AN
   17  ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
   18  ORDER ISSUED UNDER THIS ARTICLE OR ARTICLE FOUR OF  THIS  ACT  SHALL  BE
   19  GOVERNED BY PARTS FIVE AND SEVEN OF ARTICLE FOUR OF THIS ACT.
   20    S 4. Section 552 of the family court act, as added by chapter 1 of the
   21  laws of 2013, is amended to read as follows:
   22    S  552.  Firearms;  surrender  and  license suspension, revocation and
   23  ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
   24  ORDER OF PROTECTION.  Upon the issuance of an  order  of  protection  or
   25  temporary  order  of  protection, or upon a violation of such order, the
   26  court shall make a determination regarding the suspension and revocation
   27  of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
   28  firearms, ineligibility for such a license and the surrender of firearms
   29  in  accordance with section eight hundred forty-two-a of this act.  IF A
   30  RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN  ORDER  OF
   31  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
   32  BE   SUBJECT  TO  SECTIONS  EIGHT  HUNDRED  FORTY-TWO-A,  EIGHT  HUNDRED
   33  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF
   34  THIS  ACT;  PROVIDED,  HOWEVER,  THAT AN ALLEGED VIOLATION CONSISTING OF
   35  NONPAYMENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE
   36  OR ARTICLE FOUR OF THIS ACT SHALL BE GOVERNED BY PARTS FIVE AND SEVEN OF
   37  ARTICLE FOUR OF THIS ACT.
   38    S 5. Section 655 of the family court act is amended by  adding  a  new
   39  subdivision (e) to read as follows:
   40    (E)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
   41  TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
   42  ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
   43  FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
   44  EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
   45    S  6.  Section 656-a of the family court act, as added by chapter 1 of
   46  the laws of 2013, is amended to read as follows:
   47    S 656-a. Firearms; surrender and license  suspension,  revocation  and
   48  ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
   49  ORDER  OF  PROTECTION.    Upon the issuance of an order of protection or
   50  temporary order of protection, or upon a violation of  such  order,  the
   51  court shall make a determination regarding the suspension and revocation
   52  of  a  license  to  carry,  possess,  repair  or dispose of a firearm or
   53  firearms, ineligibility for such a license and the surrender of firearms
   54  in accordance with section eight hundred forty-two-a of this act.  IF  A
   55  RESPONDENT  IS  BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
   56  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
       S. 5220--A                          3
    1  BE GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED  FORTY-
    2  SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND EIGHT HUNDRED FORTY-SEVEN OF THIS
    3  ACT.
    4    S  7.  Subdivision  (c)  of  section  841  of the family court act, as
    5  amended by chapter 222 of the laws  of  1994,  is  amended  to  read  as
    6  follows:
    7    (c)  placing  the  respondent  on probation for a period not exceeding
    8  [one year] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS BEEN  ISSUED  FOR
    9  FIVE  YEARS PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THIS ARTICLE,
   10  A PERIOD NOT EXCEEDING FIVE YEARS, and requiring respondent  to  partic-
   11  ipate  in  a  batterer's  education program designed to help end violent
   12  behavior, which may include referral to drug and alcohol counseling, and
   13  to pay the costs thereof if respondent has the means to do so,  provided
   14  however that nothing contained herein shall be deemed to require payment
   15  of  the  costs  of  any such program by the petitioner, the state or any
   16  political subdivision thereof; or
   17    S 8. Section 846-a of the family court act, as amended by chapter 1 of
   18  the laws of 2013, is amended to read as follows:
   19    S 846-a. Powers on failure to obey order. If a respondent  is  brought
   20  before  the court for failure to obey any lawful order issued under this
   21  article or an order of  protection  or  temporary  order  of  protection
   22  issued  pursuant to this act or issued by a court of competent jurisdic-
   23  tion of another state, territorial or tribal jurisdiction and if,  after
   24  hearing,  the  court is satisfied by competent proof that the respondent
   25  has willfully failed to obey [any] such order, the court [may] SHALL  DO
   26  ONE OR MORE OF THE FOLLOWING:
   27    1.  modify  an  existing order or temporary order of protection to add
   28  reasonable conditions of behavior to the existing order[,] OR  TEMPORARY
   29  ORDER OR make a new order of protection OR TEMPORARY ORDER OF PROTECTION
   30  in  accordance  with section eight hundred forty-two of this part, [may]
   31  OR order the forfeiture of bail in a manner consistent with article five
   32  hundred forty of the criminal procedure law if  bail  has  been  ordered
   33  pursuant to this act[, may];
   34    2.  PLACE  THE  RESPONDENT ON PROBATION IN ACCORDANCE WITH SUBDIVISION
   35  (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE UPON SUCH  CONDI-
   36  TIONS  AS  THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED
   37  TO, A DIRECTION THAT THE RESPONDENT PARTICIPATE IN A  BATTERER'S  EDUCA-
   38  TION  PROGRAM  DESIGNED  TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE
   39  REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF
   40  THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED, HOWEVER,  THAT  NOTHING
   41  IN  THIS  SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF
   42  ANY SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL  SUBDIVI-
   43  SION THEREOF;
   44    3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
   45  REVOKE  SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH PROBATION
   46  AND/OR ORDER ANY OTHER REMEDY UNDER  THIS  SECTION,  PROVIDED,  HOWEVER,
   47  THAT  PENDING  THE DETERMINATION OF A VIOLATION OF PROBATION, THE PERIOD
   48  OF PROBATION SHALL BE TOLLED AS OF THE DATE OF FILING OF  THE  VIOLATION
   49  PETITION OR MOTION;
   50    4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
   51  SION  (E)  OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE OR, IF THE
   52  RESPONDENT HAS ALREADY BEEN SO ORDERED  AND  HAS  VIOLATED  SUCH  ORDER,
   53  MODIFY  SUCH  ORDER  OF  RESTITUTION AND/OR ORDER ANY OTHER REMEDY UNDER
   54  THIS SECTION;
   55    5. order the respondent  to  pay  the  [petitioner's]  reasonable  and
   56  necessary  counsel  fees AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES
       S. 5220--A                          4
    1  AND/OR THE CHILD'S ATTORNEY in connection with  the  violation  petition
    2  [where  the court finds that the violation of its order was willful, and
    3  may];
    4    6.  ORDER  THE  RESPONDENT  TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
    5  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
    6  TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE  BASIS  FOR
    7  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
    8    7. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN RESPONDENT AND HIS
    9  OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPERVISED BY
   10  A  PERSON  OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECI-
   11  FIED BY THE COURT;
   12    8. commit the respondent to jail for a term not to exceed six  months.
   13  Such  commitment  may  be served upon certain specified days or parts of
   14  days as the court may direct, and the court may, at any time within  the
   15  term of such sentence, revoke such [suspension] DIRECTION and commit the
   16  respondent  for  the  remainder of the original sentence, or suspend the
   17  remainder of such sentence[. If]; AND
   18    9. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
   19  FORTY-TWO-A OF THIS ARTICLE, IMMEDIATELY REVOKE ANY LICENSE POSSESSED BY
   20  RESPONDENT TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS PURSUANT TO
   21  SECTION  400.00  OF  THE  PENAL LAW, ORDER THE RESPONDENT INELIGIBLE FOR
   22  SUCH A LICENSE, AND ARRANGE FOR  THE  IMMEDIATE  SURRENDER  PURSUANT  TO
   23  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
   24  SUBDIVISION  SIX OF SECTION 400.05 OF THE PENAL LAW, AND DISPOSAL OF ANY
   25  FIREARM SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines  that
   26  the willful failure to obey such order involves violent behavior consti-
   27  tuting  the  crimes  of  menacing,  reckless  endangerment,  assault  or
   28  attempted assault [and if  such  a  respondent  is  licensed  to  carry,
   29  possess,  repair  and  dispose of firearms pursuant to section 400.00 of
   30  the penal law, the court may also immediately revoke  such  license  and
   31  may  arrange for the immediate surrender pursuant to subparagraph (f) of
   32  paragraph one of subdivision a of section 265.20 and subdivision six  of
   33  section  400.05  of  the  penal  law,  and  disposal of any firearm such
   34  respondent owns or possesses]. If the willful failure to obey such order
   35  involves [the infliction of physical injury as  defined  in  subdivision
   36  nine of section 10.00 of the penal law or the use or threatened use of a
   37  deadly  weapon  or  dangerous  instrument, as those terms are defined in
   38  subdivisions twelve and thirteen of section 10.00 of the penal law]  ANY
   39  OF THE BEHAVIORS OR ACTIONS ENUMERATED IN PARAGRAPH (A) OR (B) OF SUBDI-
   40  VISION THREE OF SECTION 842-A OF THIS ARTICLE, such revocation and imme-
   41  diate  surrender pursuant to subparagraph (f) of paragraph one of subdi-
   42  vision a of section 265.20 and subdivision six of section 400.05 of  the
   43  penal  law  [six]  and  disposal  of  any  firearm owned or possessed by
   44  respondent shall be mandatory, pursuant to subdivision eleven of section
   45  400.00 of the penal law.
   46    S 9. Subparagraphs 7, 8 and 9 of  paragraph  a  of  subdivision  3  of
   47  section  240  of the domestic relations law are renumbered subparagraphs
   48  9, 10 and 11 and two new subparagraphs 7 and 8  are  added  to  read  as
   49  follows:
   50    (7) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
   51  PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
   52  RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
   53  PERSON  HAS  THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING CONTAINED
   54  HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT  OF  THE  COSTS  OF  ANY  SUCH
   55  PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
   56  POLITICAL SUBDIVISION THEREOF;
       S. 5220--A                          5
    1    (8)  TO  PROVIDE,  EITHER  DIRECTLY  OR BY MEANS OF MEDICAL AND HEALTH
    2  INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT  ARISING
    3  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
    4  ORDER;
    5    S  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
    6  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
    7  and a new subdivision 3-d is added to read as follows:
    8    h.  Upon  issuance  of  an  order  of protection or temporary order of
    9  protection or upon a violation of such order, the  court  shall  make  a
   10  determination  regarding  the  suspension and revocation of a license to
   11  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
   12  ity  for such a license and the surrender of firearms in accordance with
   13  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
   14  family court act, as applicable. Upon issuance of an order of protection
   15  pursuant to this section [or upon a finding of a violation thereof], the
   16  court  also may direct payment of restitution in an amount not to exceed
   17  ten thousand dollars in accordance with subdivision (e) of section eight
   18  hundred forty-one of such act; provided, however, that in no case  shall
   19  an  order  of  restitution be issued where the court determines that the
   20  party against whom the order would be issued has already compensated the
   21  injured party or where such compensation  is  incorporated  in  a  final
   22  judgment  or  settlement  of  the  action.   UPON A FINDING OF A WILLFUL
   23  VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY  ORDER  OF  PROTECTION,
   24  THE  COURT SHALL MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION THREE-D OF
   25  THIS SECTION.
   26    3-D.  VIOLATION OF ORDER OF PROTECTION FROM OUTSIDE THE STATE.   IF  A
   27  PARTY  IS  BROUGHT  BEFORE  THE  COURT  FOR  FAILURE TO OBEY AN ORDER OF
   28  PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT OR BY  A
   29  COURT  OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR TRIBAL
   30  JURISDICTION AND IF, AFTER HEARING, THE COURT IS SATISFIED BY  COMPETENT
   31  PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO OBEY SUCH ORDER, THE COURT
   32  SHALL DO ONE OR MORE OF THE FOLLOWING:
   33    A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
   34  PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
   35  ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
   36  ORDER OF  PROTECTION  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF  THIS
   37  SECTION;
   38    B.  PLACE  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   39  TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE  WITH  SUBDIVI-
   40  SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
   41  SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
   42  LIMITED  TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER
   43  OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
   44  BATTERER'S  EDUCATION  PROGRAM  DESIGNED  TO  HELP END VIOLENT BEHAVIOR,
   45  WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING,  AND  TO  PAY
   46  THE  COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV-
   47  ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE  PAYMENT
   48  OF  THE  COSTS  OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY
   49  POLITICAL SUBDIVISION THEREOF;
   50    C. IF THE PARTY FOUND TO HAVE VIOLATED  THE  ORDER  OF  PROTECTION  OR
   51  TEMPORARY  ORDER  OF PROTECTION IS ALREADY ON PROBATION PURSUANT TO SUCH
   52  SECTION, REVOKE SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS  OF  SUCH
   53  PROBATION   AND/OR  ORDER  ANY  OTHER  REMEDY  UNDER  THIS  SUBDIVISION,
   54  PROVIDED, HOWEVER, THAT PENDING THE  DETERMINATION  OF  A  VIOLATION  OF
   55  PROBATION,  THE  PERIOD  OF  PROBATION SHALL BE TOLLED AS OF THE DATE OF
   56  FILING OF THE VIOLATION PETITION OR MOTION;
       S. 5220--A                          6
    1    D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
    2  TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
    3  PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH  PARTY  HAS
    4  ALREADY  BEEN  SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER
    5  AND/OR ORDER ANY OTHER REMEDY UNDER THIS SUBDIVISION;
    6    E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
    7  TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
    8  SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
    9  CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
   10    F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   11  TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
   12  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
   13  TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
   14  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
   15    G. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO
   16  HAVE VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION
   17  AND  HIS  OR  HER  CHILD  OR  CHILDREN OR DIRECT THAT SUCH VISITATION BE
   18  SUPERVISED BY A PERSON OR AGENCY  DESIGNATED  BY  THE  COURT  AND  UNDER
   19  CONDITIONS SPECIFIED BY THE COURT;
   20    H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   21  TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
   22  MONTHS.  SUCH  COMMITMENT  MAY  BE SERVED UPON CERTAIN SPECIFIED DAYS OR
   23  PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY,  AT  ANY  TIME
   24  WITHIN  THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
   25  PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
   26  DER OF SUCH SENTENCE; AND
   27    I. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
   28  FORTY-TWO-A  OF  THE  FAMILY COURT ACT, SUSPEND OR REVOKE ANY LICENSE OF
   29  THE PARTY FOUND TO HAVE VIOLATED THE ORDER TO CARRY, POSSESS, REPAIR AND
   30  DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  IMME-
   31  DIATELY, ORDER SUCH PARTY INELIGIBLE TO RECEIVE SUCH A LICENSE AND ORDER
   32  THE  IMMEDIATE  SURRENDER, PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE
   33  OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05
   34  OF THE PENAL LAW, AND  DISPOSAL  OF  ANY  FIREARM  SUCH  PARTY  OWNS  OR
   35  POSSESSES.
   36    S  11.  Paragraphs (g), (h) and (i) of subdivision 1 of section 252 of
   37  the domestic relations law are relettered paragraphs (i),  (j)  and  (k)
   38  and two new paragraphs (g) and (h) are added to read as follows:
   39    (G) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
   40  PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
   41  RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
   42  PERSON  HAS  THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING CONTAINED
   43  HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT  OF  THE  COSTS  OF  ANY  SUCH
   44  PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
   45  POLITICAL SUBDIVISION THEREOF;
   46    (H)  TO  PROVIDE,  EITHER  DIRECTLY  OR BY MEANS OF MEDICAL AND HEALTH
   47  INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT  ARISING
   48  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
   49  ORDER;
   50    S  12.  Subdivision 9 of section 252 of the domestic relations law, as
   51  amended by chapter 1 of the laws of 2013, is amended to read as follows:
   52    9. Upon issuance of an order  of  protection  or  temporary  order  of
   53  protection  or  upon  a  violation of such order, the court shall, WHERE
   54  APPLICABLE, make a determination regarding the suspension and revocation
   55  of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
   56  firearms, ineligibility for such a license and the surrender of firearms
       S. 5220--A                          7
    1  in  accordance with sections eight hundred forty-two-a and eight hundred
    2  forty-six-a of the family court act, as applicable. Upon issuance of  an
    3  order  of  protection  pursuant  to this section [or upon a finding of a
    4  violation  thereof], the court also may direct payment of restitution in
    5  an amount not to exceed ten thousand dollars in accordance with subdivi-
    6  sion (e) of section eight  hundred  forty-one  of  such  act;  provided,
    7  however,  that  in no case shall an order of restitution be issued where
    8  the court determines that the party against  whom  the  order  would  be
    9  issued  has  already compensated the injured party or where such compen-
   10  sation is incorporated in a final judgment or settlement of the  action.
   11  UPON  A  FINDING  OF  A  WILLFUL  VIOLATION OF AN ORDER OF PROTECTION OR
   12  TEMPORARY ORDER OF PROTECTION, THE COURT SHALL MAKE AN ORDER IN  ACCORD-
   13  ANCE WITH SUBDIVISION THREE-D OF SECTION TWO HUNDRED FORTY OF THIS CHAP-
   14  TER.
   15    S  13.  This act shall take effect on the ninetieth day after it shall
   16  have become a law and shall apply to violations of orders of  protection
   17  and  temporary orders of protection committed on or after such effective
   18  date.