S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5220
                              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
       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
   19  firearms, ineligibility for such a license and the surrender of firearms
   20  in  accordance with section eight hundred forty-two-a of this act.  IF A
   21  RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN  ORDER  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09765-02-3
       S. 5220                             2
    1  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
    2  BE  GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED FORTY-
    3  SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS
    4  ACT;  PROVIDED, HOWEVER, THAT AN ALLEGED VIOLATION CONSISTING OF NONPAY-
    5  MENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE SHALL
    6  BE GOVERNED BY PARTS FIVE AND SEVEN OF THIS ARTICLE.
    7    S 3. Section 550 of the family court act is amended by  adding  a  new
    8  subdivision (d) to read as follows:
    9    (D)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
   10  TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
   11  ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
   12  FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
   13  EIGHT  HUNDRED  FORTY-SEVEN  OF  THIS  ACT;  PROVIDED,  HOWEVER, THAT AN
   14  ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
   15  ORDER ISSUED UNDER THIS ARTICLE OR ARTICLE FOUR OF  THIS  ACT  SHALL  BE
   16  GOVERNED BY PARTS FIVE AND SEVEN OF ARTICLE FOUR OF THIS ACT.
   17    S 4. Section 552 of the family court act, as added by chapter 1 of the
   18  laws of 2013, is amended to read as follows:
   19    S  552.  Firearms;  surrender  and  license suspension, revocation and
   20  ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
   21  ORDER OF PROTECTION.  Upon the issuance of an  order  of  protection  or
   22  temporary  order  of  protection, or upon a violation of such order, the
   23  court shall make a determination regarding the suspension and revocation
   24  of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
   25  firearms, ineligibility for such a license and the surrender of firearms
   26  in  accordance with section eight hundred forty-two-a of this act.  IF A
   27  RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN  ORDER  OF
   28  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
   29  BE   SUBJECT  TO  SECTIONS  EIGHT  HUNDRED  FORTY-TWO-A,  EIGHT  HUNDRED
   30  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT  HUNDRED  FORTY-SEVEN  OF
   31  THIS  ACT;  PROVIDED,  HOWEVER,  THAT AN ALLEGED VIOLATION CONSISTING OF
   32  NONPAYMENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE
   33  OR ARTICLE FOUR OF THIS ACT SHALL BE GOVERNED BY PARTS FIVE AND SEVEN OF
   34  ARTICLE FOUR OF THIS ACT.
   35    S 5. Section 655 of the family court act is amended by  adding  a  new
   36  subdivision (e) to read as follows:
   37    (E)  IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
   38  TEMPORARY ORDER OF PROTECTION ISSUED  PURSUANT  TO  THIS  SECTION,  SUCH
   39  ALLEGED   VIOLATION   SHALL   BE  GOVERNED  BY  SECTIONS  EIGHT  HUNDRED
   40  FORTY-TWO-A, EIGHT HUNDRED  FORTY-SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND
   41  EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
   42    S  6.  Section 656-a of the family court act, as added by chapter 1 of
   43  the laws of 2013, is amended to read as follows:
   44    S 656-a. Firearms; surrender and license  suspension,  revocation  and
   45  ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
   46  ORDER  OF  PROTECTION.    Upon the issuance of an order of protection or
   47  temporary order of protection, or upon a violation of  such  order,  the
   48  court shall make a determination regarding the suspension and revocation
   49  of  a  license  to  carry,  possess,  repair  or dispose of a firearm or
   50  firearms, ineligibility for such a license and the surrender of firearms
   51  in accordance with section eight hundred forty-two-a of this act.  IF  A
   52  RESPONDENT  IS  BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
   53  PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
   54  BE GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED  FORTY-
   55  SIX,  EIGHT  HUNDRED  FORTY-SIX-A  AND EIGHT HUNDRED FORTY-SEVEN OF THIS
   56  ACT.
       S. 5220                             3
    1    S 7. Subdivision (c) of section  841  of  the  family  court  act,  as
    2  amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
    3  follows:
    4    (c)  placing  the  respondent  on probation for a period not exceeding
    5  [one year] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS BEEN  ISSUED  FOR
    6  FIVE  YEARS PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THIS ARTICLE,
    7  A PERIOD NOT EXCEEDING FIVE YEARS, and requiring respondent  to  partic-
    8  ipate  in  a  batterer's  education program designed to help end violent
    9  behavior, which may include referral to drug and alcohol counseling, and
   10  to pay the costs thereof if respondent has the means to do so,  provided
   11  however that nothing contained herein shall be deemed to require payment
   12  of  the  costs  of  any such program by the petitioner, the state or any
   13  political subdivision thereof; or
   14    S 8. Section 846-a of the family court act, as amended by chapter 1 of
   15  the laws of 2013, is amended to read as follows:
   16    S 846-a. Powers on failure to obey order. If a respondent  is  brought
   17  before  the court for failure to obey any lawful order issued under this
   18  article or an order of  protection  or  temporary  order  of  protection
   19  issued  pursuant to this act or issued by a court of competent jurisdic-
   20  tion of another state, territorial or tribal jurisdiction and if,  after
   21  hearing,  the  court is satisfied by competent proof that the respondent
   22  has willfully failed to obey [any] such order, the court [may] SHALL  DO
   23  ONE OR MORE OF THE FOLLOWING:
   24    1.  modify  an  existing order or temporary order of protection to add
   25  reasonable conditions of behavior to the existing order[,] OR  TEMPORARY
   26  ORDER OR make a new order of protection OR TEMPORARY ORDER OF PROTECTION
   27  in  accordance  with section eight hundred forty-two of this part, [may]
   28  OR order the forfeiture of bail in a manner consistent with article five
   29  hundred forty of the criminal procedure law if  bail  has  been  ordered
   30  pursuant to this act[, may];
   31    2.  PLACE  THE  RESPONDENT ON PROBATION IN ACCORDANCE WITH SUBDIVISION
   32  (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE UPON SUCH  CONDI-
   33  TIONS  AS  THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED
   34  TO, A DIRECTION THAT THE RESPONDENT PARTICIPATE IN A  BATTERER'S  EDUCA-
   35  TION  PROGRAM  DESIGNED  TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE
   36  REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF
   37  THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED, HOWEVER,  THAT  NOTHING
   38  IN  THIS  SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF
   39  ANY SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL  SUBDIVI-
   40  SION THEREOF;
   41    3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
   42  REVOKE  SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH PROBATION
   43  AND/OR ORDER ANY OTHER REMEDY UNDER  THIS  SECTION,  PROVIDED,  HOWEVER,
   44  THAT  PENDING  THE DETERMINATION OF A VIOLATION OF PROBATION, THE PERIOD
   45  OF PROBATION SHALL BE TOLLED AS OF THE DATE OF FILING OF  THE  VIOLATION
   46  PETITION OR MOTION;
   47    4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
   48  SION  (E)  OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE OR, IF THE
   49  RESPONDENT HAS ALREADY BEEN SO ORDERED  AND  HAS  VIOLATED  SUCH  ORDER,
   50  MODIFY  SUCH  ORDER  OF  RESTITUTION AND/OR ORDER ANY OTHER REMEDY UNDER
   51  THIS SECTION;
   52    5. order the respondent  to  pay  the  [petitioner's]  reasonable  and
   53  necessary  counsel  fees AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES
   54  AND/OR THE CHILD'S ATTORNEY in connection with  the  violation  petition
   55  [where  the court finds that the violation of its order was willful, and
   56  may];
       S. 5220                             4
    1    6. ORDER THE RESPONDENT TO PROVIDE, EITHER DIRECTLY  OR  BY  MEANS  OF
    2  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
    3  TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
    4  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
    5    7. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN RESPONDENT AND HIS
    6  OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPERVISED BY
    7  A  PERSON  OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECI-
    8  FIED BY THE COURT;
    9    8. commit the respondent to jail for a term not to exceed six  months.
   10  Such  commitment  may  be served upon certain specified days or parts of
   11  days as the court may direct, and the court may, at any time within  the
   12  term of such sentence, revoke such [suspension] DIRECTION and commit the
   13  respondent  for  the  remainder of the original sentence, or suspend the
   14  remainder of such sentence[. If]; AND
   15    9. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
   16  FORTY-TWO-A OF THIS ARTICLE, IMMEDIATELY REVOKE ANY LICENSE POSSESSED BY
   17  RESPONDENT TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS PURSUANT TO
   18  SECTION  400.00  OF  THE  PENAL LAW, ORDER THE RESPONDENT INELIGIBLE FOR
   19  SUCH A LICENSE, AND ARRANGE FOR  THE  IMMEDIATE  SURRENDER  PURSUANT  TO
   20  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
   21  SUBDIVISION  SIX OF SECTION 400.05 OF THE PENAL LAW, AND DISPOSAL OF ANY
   22  FIREARM SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines  that
   23  the willful failure to obey such order involves violent behavior consti-
   24  tuting  the  crimes  of  menacing,  reckless  endangerment,  assault  or
   25  attempted assault [and if  such  a  respondent  is  licensed  to  carry,
   26  possess,  repair  and  dispose of firearms pursuant to section 400.00 of
   27  the penal law, the court may also immediately revoke  such  license  and
   28  may  arrange for the immediate surrender pursuant to subparagraph (f) of
   29  paragraph one of subdivision a of section 265.20 and subdivision six  of
   30  section  400.05  of  the  penal  law,  and  disposal of any firearm such
   31  respondent owns or possesses]. If the willful failure to obey such order
   32  involves [the infliction of physical injury as  defined  in  subdivision
   33  nine of section 10.00 of the penal law or the use or threatened use of a
   34  deadly  weapon  or  dangerous  instrument, as those terms are defined in
   35  subdivisions twelve and thirteen of section 10.00 of the penal law]  ANY
   36  OF THE BEHAVIORS OR ACTIONS ENUMERATED IN PARAGRAPH (A) OR (B) OF SUBDI-
   37  VISION THREE OF SECTION 842-A OF THIS ARTICLE, such revocation and imme-
   38  diate  surrender pursuant to subparagraph (f) of paragraph one of subdi-
   39  vision a of section 265.20 and subdivision six of section 400.05 of  the
   40  penal  law  [six]  and  disposal  of  any  firearm owned or possessed by
   41  respondent shall be mandatory, pursuant to subdivision eleven of section
   42  400.00 of the penal law.
   43    S 9. Subparagraphs 4, 5, 6, 7 and 8 of paragraph a of subdivision 3 of
   44  section 240 of the domestic relations law, subparagraphs 4, 5, 6  and  8
   45  as  amended  by chapter 597 of the laws of 1998, subparagraph 7 as added
   46  and subparagraph 8 as renumbered by chapter 532 of the laws of 2008, are
   47  amended to read as follows:
   48    (4) to permit a designated party to enter the residence during a spec-
   49  ified period of time in order to remove personal belongings not in issue
   50  in a proceeding or action under this chapter or the  family  court  act;
   51  [or]
   52    (5)  to  refrain  from  acts  of commission or omission that create an
   53  unreasonable risk to the health, safety or welfare of a child[.];
   54    (6) to pay the reasonable counsel fees and disbursements  involved  in
   55  obtaining  or enforcing the order of the person who is protected by such
   56  order if such order is issued or enforced[.];
       S. 5220                             5
    1    (7) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
    2  PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE  REFER-
    3  RAL  TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF THE
    4  PERSON HAS THE MEANS TO DO SO, PROVIDED HOWEVER THAT  NOTHING  CONTAINED
    5  HEREIN  SHALL  BE  DEEMED  TO  REQUIRE  PAYMENT OF THE COSTS OF ANY SUCH
    6  PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
    7  POLITICAL SUBDIVISION THEREOF;
    8    (8) TO PROVIDE, EITHER DIRECTLY OR BY  MEANS  OF  MEDICAL  AND  HEALTH
    9  INSURANCE,  FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT ARISING
   10  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
   11  ORDER;
   12    (9) to refrain from intentionally injuring or killing, without  justi-
   13  fication,  any  companion  animal  the  respondent  knows  to  be owned,
   14  possessed, leased, kept or held by the person protected by the order  or
   15  a  minor  child residing in such person's household. "Companion animal,"
   16  as used in this section, shall have the same meaning as  in  subdivision
   17  five  of  section  three  hundred  fifty  of the agriculture and markets
   18  law[.]; OR
   19    [(8)] (10) to observe  such  other  conditions  as  are  necessary  to
   20  further the purposes of protection.
   21    S  10.  Paragraph  h  of  subdivision 3 of section 240 of the domestic
   22  relations law, as amended by chapter 1 of the laws of 2013,  is  amended
   23  and a new subdivision 3-d is added to read as follows:
   24    h.  Upon  issuance  of  an  order  of protection or temporary order of
   25  protection or upon a violation of such order, the  court  shall  make  a
   26  determination  regarding  the  suspension and revocation of a license to
   27  carry, possess, repair or dispose of a firearm or firearms,  ineligibil-
   28  ity  for such a license and the surrender of firearms in accordance with
   29  sections eight hundred forty-two-a and eight hundred forty-six-a of  the
   30  family court act, as applicable. Upon issuance of an order of protection
   31  pursuant to this section [or upon a finding of a violation thereof], the
   32  court  also may direct payment of restitution in an amount not to exceed
   33  ten thousand dollars in accordance with subdivision (e) of section eight
   34  hundred forty-one of such act; provided, however, that in no case  shall
   35  an  order  of  restitution be issued where the court determines that the
   36  party against whom the order would be issued has already compensated the
   37  injured party or where such compensation  is  incorporated  in  a  final
   38  judgment  or  settlement  of  the  action.   UPON A FINDING OF A WILLFUL
   39  VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY  ORDER  OF  PROTECTION,
   40  THE  COURT SHALL MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION THREE-D OF
   41  THIS SECTION.
   42    3-D. IF A PARTY IS BROUGHT BEFORE THE COURT FOR  FAILURE  TO  OBEY  AN
   43  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
   44  OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR
   45  TRIBAL  JURISDICTION  AND  IF,  AFTER HEARING, THE COURT IS SATISFIED BY
   46  COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO OBEY SUCH ORDER,
   47  THE COURT SHALL DO ONE OR MORE OF THE FOLLOWING:
   48    A. MODIFY AN EXISTING  ORDER  OF  PROTECTION  OR  TEMPORARY  ORDER  OF
   49  PROTECTION  TO  ADD  REASONABLE  CONDITIONS  OF BEHAVIOR TO THE EXISTING
   50  ORDER OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR  TEMPORARY
   51  ORDER  OF  PROTECTION  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF THIS
   52  SECTION;
   53    B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   54  TEMPORARY  ORDER  OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI-
   55  SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
   56  SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
       S. 5220                             6
    1  LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE  ORDER
    2  OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
    3  BATTERER'S EDUCATION PROGRAM DESIGNED  TO  HELP  END  VIOLENT  BEHAVIOR,
    4  WHICH  MAY  INCLUDE  REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY
    5  THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED,  HOWEV-
    6  ER,  THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT
    7  OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE  STATE  OR  ANY
    8  POLITICAL SUBDIVISION THEREOF;
    9    C.  IF  THE  PARTY  FOUND  TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   10  TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT  TO  SUCH
   11  SECTION,  REVOKE  SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH
   12  PROBATION  AND/OR  ORDER  ANY  OTHER  REMEDY  UNDER  THIS   SUBDIVISION,
   13  PROVIDED,  HOWEVER,  THAT  PENDING  THE  DETERMINATION OF A VIOLATION OF
   14  PROBATION, THE PERIOD OF PROBATION SHALL BE TOLLED AS  OF  THE  DATE  OF
   15  FILING OF THE VIOLATION PETITION OR MOTION;
   16    D.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   17  TEMPORARY ORDER OF PROTECTION TO  PAY  RESTITUTION  IN  ACCORDANCE  WITH
   18  PARAGRAPH  H  OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH PARTY HAS
   19  ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY  SUCH  ORDER
   20  AND/OR ORDER ANY OTHER REMEDY UNDER THIS SUBDIVISION;
   21    E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   22  TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
   23  SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
   24  CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
   25    F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   26  TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
   27  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
   28  TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
   29  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
   30    G. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO
   31  HAVE VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION
   32  AND  HIS  OR  HER  CHILD  OR  CHILDREN OR DIRECT THAT SUCH VISITATION BE
   33  SUPERVISED BY A PERSON OR AGENCY  DESIGNATED  BY  THE  COURT  AND  UNDER
   34  CONDITIONS SPECIFIED BY THE COURT;
   35    H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   36  TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
   37  MONTHS.  SUCH  COMMITMENT  MAY  BE SERVED UPON CERTAIN SPECIFIED DAYS OR
   38  PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY,  AT  ANY  TIME
   39  WITHIN  THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
   40  PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
   41  DER OF SUCH SENTENCE; AND
   42    I. IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
   43  FORTY-TWO-A  OF  THE  FAMILY COURT ACT, SUSPEND OR REVOKE ANY LICENSE OF
   44  THE PARTY FOUND TO HAVE VIOLATED THE ORDER TO CARRY, POSSESS, REPAIR AND
   45  DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  IMME-
   46  DIATELY, ORDER SUCH PARTY INELIGIBLE TO RECEIVE SUCH A LICENSE AND ORDER
   47  THE  IMMEDIATE  SURRENDER, PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE
   48  OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05
   49  OF THE PENAL LAW, AND  DISPOSAL  OF  ANY  FIREARM  SUCH  PARTY  OWNS  OR
   50  POSSESSES.
   51    S  11.  Paragraphs (f), (g) and (h) of subdivision 1 of section 252 of
   52  the domestic relations law, paragraphs (f) and (h) as amended by chapter
   53  349 of the laws of 1995, paragraph (g) as added and (h) as relettered by
   54  chapter 532 of the laws of 2008, are amended to read as follows:
       S. 5220                             7
    1    (f) to pay the reasonable counsel fees and disbursements  involved  in
    2  obtaining  or enforcing the order of the person who is protected by such
    3  order if such order is issued or enforced; [or]
    4    (g) TO REQUIRE THE RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION
    5  PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
    6  RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
    7  PERSON  HAS  THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING CONTAINED
    8  HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT  OF  THE  COSTS  OF  ANY  SUCH
    9  PROGRAM BY THE PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
   10  POLITICAL SUBDIVISION THEREOF;
   11    (H)  TO  PROVIDE,  EITHER  DIRECTLY  OR BY MEANS OF MEDICAL AND HEALTH
   12  INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND TREATMENT  ARISING
   13  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE
   14  ORDER;
   15    (I)  to refrain from intentionally injuring or killing, without justi-
   16  fication, any  companion  animal  the  respondent  knows  to  be  owned,
   17  possessed,  leased, kept or held by the person protected by the order or
   18  a minor child residing in such person's household.  "Companion  animal,"
   19  as  used  in this section, shall have the same meaning as in subdivision
   20  five of section three hundred  fifty  of  the  agriculture  and  markets
   21  law[.]; OR
   22    [(h)] (J) to observe such other conditions as are necessary to further
   23  the purposes of protection.
   24    S  12.  Subdivision 9 of section 252 of the domestic relations law, as
   25  amended by chapter 1 of the laws of 2013, is amended to read as follows:
   26    9. Upon issuance of an order  of  protection  or  temporary  order  of
   27  protection  or  upon  a  violation of such order, the court shall, WHERE
   28  APPLICABLE, make a determination regarding the suspension and revocation
   29  of a license to carry, possess,  repair  or  dispose  of  a  firearm  or
   30  firearms, ineligibility for such a license and the surrender of firearms
   31  in  accordance with sections eight hundred forty-two-a and eight hundred
   32  forty-six-a of the family court act, as applicable. Upon issuance of  an
   33  order  of  protection  pursuant  to this section [or upon a finding of a
   34  violation thereof], the court also may direct payment of restitution  in
   35  an amount not to exceed ten thousand dollars in accordance with subdivi-
   36  sion  (e)  of  section  eight  hundred  forty-one of such act; provided,
   37  however, that in no case shall an order of restitution be  issued  where
   38  the  court  determines  that  the  party against whom the order would be
   39  issued has already compensated the injured party or where  such  compen-
   40  sation  is incorporated in a final judgment or settlement of the action.
   41  UPON A FINDING OF A WILLFUL VIOLATION  OF  AN  ORDER  OF  PROTECTION  OR
   42  TEMPORARY  ORDER OF PROTECTION, THE COURT SHALL MAKE AN ORDER IN ACCORD-
   43  ANCE WITH SUBDIVISION THREE-D OF SECTION TWO HUNDRED FORTY OF THIS CHAP-
   44  TER.
   45    S 13. This act shall take effect on the ninetieth day after  it  shall
   46  have  become a law and shall apply to violations of orders of protection
   47  and temporary orders of protection committed on or after such  effective
   48  date.