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History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 58–0
- Ordered to third reading cal.868
- Committee discharged and committed to rules
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1800
Show 2 earlier actions
- Committee discharged and committed to rules
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires mandatory jail time for repeat violators of orders of protection
In Assembly Committee · Judiciary · Sponsor Diana Richardson
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3805
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 5 amend the Family Court Act and the Criminal Procedure Law to make conforming changes.
Section 6 This act shall take effect on November 1 succeeding the date on which it shall have become law.
Justification
Domestic violence is an insidious social ill that affects far too many families in our state. any 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
2013-14: S.844B - Passed Senate / Died in Assembly Judiciary 2011-12: S.2441/A.6188 - Died in Children & Families 2009-10: S.2580/A.6084 - Referred to Children & Families 2007-08: S.2947/A.5314 - Held in Judiciary 2005-06: S.3673/A.6407 - Held in Judiciary
2003-04: S.1593/A.3518 - Held in Judiciary 2001-02: S.5163-A/A.7771 - 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.