S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          255
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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 violations of orders of protection and temporary orders of
         protection and probation in family offense cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 446 of the family court act is amended by adding  a
    2  new closing paragraph to read as follows:
    3    A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
    4  SHALL BE DEALT WITH IN ACCORDANCE WITH PART  FIVE  OF  THIS  ARTICLE  OR
    5  SECTIONS  EIGHT  HUNDRED  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT
    6  HUNDRED FORTY-SEVEN OF THIS ACT.
    7    S 2. Section 551 of the family court act is amended by  adding  a  new
    8  closing paragraph to read as follows:
    9    A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
   10  SHALL BE DEALT WITH IN ACCORDANCE WITH PART  FIVE  OF  ARTICLE  FOUR  OR
   11  SECTIONS  EIGHT  HUNDRED  FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT
   12  HUNDRED FORTY-SEVEN OF THIS ACT.
   13    S 3. Section 656 of the family court act is amended by  adding  a  new
   14  closing paragraph to read as follows:
   15    A  VIOLATION OF AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION
   16  SHALL BE DEALT WITH IN ACCORDANCE WITH SECTIONS EIGHT HUNDRED FORTY-SIX,
   17  EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
   18    S 4. Subdivision (c) of section  841  of  the  family  court  act,  as
   19  amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
   20  follows:
   21    (c) placing the respondent on probation for  a  period  not  exceeding
   22  [one  year,  and  requiring] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS
   23  BEEN ISSUED FOR FIVE YEARS PURSUANT TO SECTION EIGHT  HUNDRED  FORTY-TWO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02248-01-3
       S. 255                              2
    1  OF  THIS  PART,  FIVE YEARS. THE ORDER MAY REQUIRE respondent to partic-
    2  ipate in a batterer's education program designed  to  help  end  violent
    3  behavior, which may include referral to drug and alcohol counseling, and
    4  to  pay the costs thereof if respondent has the means to do so, provided
    5  however that nothing contained herein shall be deemed to require payment
    6  of the costs of any such program by the petitioner,  the  state  or  any
    7  political subdivision thereof; or
    8    S  5. Section 846-a of the family court act, as amended by chapter 597
    9  of the laws of 1998, is amended to read as follows:
   10    S 846-a. Powers on failure to obey order. If a respondent  is  brought
   11  before  the court for failure to obey any lawful order issued under this
   12  article or an order of  protection  OR  TEMPORARY  ORDER  OF  PROTECTION
   13  issued  UNDER THIS ACT OR ISSUED by a court of competent jurisdiction of
   14  another state, territorial or tribal jurisdiction in  a  proceeding  and
   15  if,  after  hearing,  the court is satisfied by competent proof that the
   16  respondent has willfully failed to obey [any] such order, the court  may
   17  DO ONE OR MORE OF THE FOLLOWING:
   18    1.  modify  an  existing order OR TEMPORARY ORDER OF PROTECTION to add
   19  reasonable conditions of behavior to the existing order [of protection,]
   20  OR TEMPORARY ORDER OR make a new order of protection in accordance  with
   21  [section  eight hundred forty-two, may order the forfeiture of bail in a
   22  manner consistent with article five hundred forty of the criminal proce-
   23  dure law if bail has been ordered pursuant to] this act[, may];
   24    2. PLACE THE RESPONDENT ON PROBATION IN  ACCORDANCE  WITH  SUBDIVISION
   25  (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS PART UPON SUCH CONDITIONS
   26  AS  THE  COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, A
   27  DIRECTION THAT THE RESPONDENT  PARTICIPATE  IN  A  BATTERER'S  EDUCATION
   28  PROGRAM  DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE REFER-
   29  RAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF  THE
   30  RESPONDENT  HAS  THE  MEANS TO DO SO, PROVIDED, HOWEVER, THAT NOTHING IN
   31  THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF  ANY
   32  SUCH  PROGRAM  BY THE PETITIONER, THE STATE OR ANY POLITICAL SUBDIVISION
   33  THEREOF;
   34    3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
   35  REVOKE SUCH  ORDER  OF  PROBATION  OR  MODIFY  THE  CONDITIONS  OF  SUCH
   36  PROBATION,  PROVIDED,  HOWEVER,  THAT  PENDING  THE  DETERMINATION  OF A
   37  VIOLATION OF PROBATION, THE PERIOD OF PROBATION SHALL BE  TOLLED  AS  OF
   38  THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION;
   39    4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
   40  SION  (E)  OF  SECTION  EIGHT  HUNDRED FORTY-ONE OF THIS PART OR, IF THE
   41  RESPONDENT HAS ALREADY BEEN SO ORDERED  AND  HAS  VIOLATED  SUCH  ORDER,
   42  MODIFY SUCH ORDER OF RESTITUTION;
   43    5.  order  the  respondent  to  pay  the [petitioner's] reasonable and
   44  necessary counsel fees AND DISBURSEMENTS OF ANY OTHER PARTY  OR  PARTIES
   45  AND/OR  THE  CHILD'S  ATTORNEY in connection with the violation petition
   46  [where the court finds that the violation of its order was willful,  and
   47  may];
   48    6.  ORDER  THE  RESPONDENT  TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
   49  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
   50  TREATMENT ARISING FROM THE INCIDENT OR INCIDENTS FORMING THE  BASIS  FOR
   51  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
   52    7.  SUSPEND  AN  ORDER OF VISITATION BETWEEN RESPONDENT AND HIS OR HER
   53  CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPERVISED  BY  A
   54  PERSON  OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECIFIED
   55  BY THE COURT;
       S. 255                              3
    1    8. commit the respondent to jail for a term not to exceed six  months.
    2  Such  commitment  may  be served upon certain specified days or parts of
    3  days as the court may direct, and the court may, at any time within  the
    4  term of such sentence, revoke such [suspension] DIRECTION and commit the
    5  respondent  for  the  remainder of the original sentence, or suspend the
    6  remainder of such sentence[. If]; AND
    7    9.  REVOKE OR, IN THE CASE OF A VIOLATION  OF  A  TEMPORARY  ORDER  OF
    8  PROTECTION,  SUSPEND  ANY  LICENSE  OF THE RESPONDENT TO CARRY, POSSESS,
    9  REPAIR AND DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF  THE  PENAL
   10  LAW IMMEDIATELY, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL OF
   11  ANY  FIREARM  SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines
   12  that the willful failure to obey such order  involves  violent  behavior
   13  constituting  the  crimes  of menacing, reckless endangerment, STALKING,
   14  assault or attempted assault [and if such a respondent  is  licensed  to
   15  carry,  possess,  repair  and  dispose  of  firearms pursuant to section
   16  400.00 of the penal law, the court  may  also  immediately  revoke  such
   17  license  and may arrange for the immediate surrender and disposal of any
   18  firearm such respondent owns or possesses].  If the willful  failure  to
   19  obey  such  order  involves the infliction of serious physical injury as
   20  defined in subdivision ten of section 10.00 of the penal law or the  use
   21  or  threatened  use of a deadly weapon or dangerous instrument, as those
   22  terms are defined in subdivisions twelve and thirteen of  section  10.00
   23  of  the  penal law, such revocation and immediate surrender and disposal
   24  of any firearm owned or possessed  by  respondent  shall  be  mandatory,
   25  pursuant to subdivision eleven of section 400.00 of the penal law.
   26    S  6.  The  first  undesignated paragraph and the closing paragraph of
   27  subdivision 3 of section 240 of the domestic relations law, as added  by
   28  chapter  606  of the laws of 1999, are amended and a new subdivision 3-d
   29  is added to read as follows:
   30    G. Any party moving for a temporary order of  protection  pursuant  to
   31  this  subdivision  during hours when the court is open shall be entitled
   32  to file such motion or pleading containing  such  prayer  for  emergency
   33  relief on the same day that such person first appears at such court, and
   34  a hearing on the motion or portion of the pleading requesting such emer-
   35  gency  relief  shall  be  held  on the same day or the next day that the
   36  court is in session following the filing of such motion or pleading.
   37    H. Upon issuance of an order  of  protection  or  temporary  order  of
   38  protection  [or  upon  a violation of such order], the court may make an
   39  order in accordance with section eight hundred forty-two-a of the family
   40  court act directing the surrender of firearms, revoking or suspending  a
   41  party's firearms license, and/or directing that such party be ineligible
   42  to  receive  a firearms license. Upon issuance of an order of protection
   43  pursuant to this section [or upon a finding of a violation thereof], the
   44  court also may direct payment of restitution in an amount not to  exceed
   45  ten thousand dollars in accordance with subdivision (e) of section eight
   46  hundred  forty-one of such act; provided, however, that in no case shall
   47  an order of restitution be issued where the court  determines  that  the
   48  party against whom the order would be issued has already compensated the
   49  injured  party  or  where  such  compensation is incorporated in a final
   50  judgment or settlement of the action.   UPON  A  FINDING  OF  A  WILLFUL
   51  VIOLATION  OF  AN  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION,
   52  THE COURT MAY MAKE AN ORDER IN ACCORDANCE WITH  SUBDIVISION  THREE-D  OF
   53  THIS SECTION.
   54    3-D.  IF  A  PARTY  IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN
   55  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
   56  OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR
       S. 255                              4
    1  TRIBAL JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT  IS
    2  SATISFIED  BY  COMPETENT  PROOF  THAT SUCH PARTY HAS WILLFULLY FAILED TO
    3  OBEY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING:
    4    A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
    5  PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
    6  ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
    7  ORDER OF  PROTECTION  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF  THIS
    8  SECTION;
    9    B.  PLACE  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   10  TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE  WITH  SUBDIVI-
   11  SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
   12  SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
   13  LIMITED  TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER
   14  OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
   15  BATTERER'S  EDUCATION  PROGRAM  DESIGNED  TO  HELP END VIOLENT BEHAVIOR,
   16  WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING,  AND  TO  PAY
   17  THE  COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV-
   18  ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE  PAYMENT
   19  OF  THE  COSTS  OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY
   20  POLITICAL SUBDIVISION THEREOF;
   21    C. IF THE PARTY FOUND TO HAVE VIOLATED  THE  ORDER  OF  PROTECTION  OR
   22  TEMPORARY  ORDER  OF  PROTECTION  IS  ALREADY  ON  PROBATION PURSUANT TO
   23  SECTION EIGHT HUNDRED FORTY-ONE OF THE  FAMILY  COURT  ACT  REVOKE  SUCH
   24  ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH PROBATION, PROVIDED,
   25  HOWEVER, THAT PENDING THE DETERMINATION OF A VIOLATION OF PROBATION, THE
   26  PERIOD  OF  PROBATION  SHALL  BE  TOLLED AS OF THE DATE OF FILING OF THE
   27  VIOLATION PETITION OR MOTION;
   28    D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   29  TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
   30  PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH  PARTY  HAS
   31  ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER;
   32    E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   33  TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
   34  SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
   35  CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
   36    F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   37  TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
   38  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
   39  TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
   40  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
   41    G. SUSPEND AN ORDER OF VISITATION BETWEEN  THE  PARTY  FOUND  TO  HAVE
   42  VIOLATED  THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND
   43  HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPER-
   44  VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS
   45  SPECIFIED BY THE COURT;
   46    H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   47  TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
   48  MONTHS.  SUCH  COMMITMENT  MAY  BE SERVED UPON CERTAIN SPECIFIED DAYS OR
   49  PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY,  AT  ANY  TIME
   50  WITHIN  THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
   51  PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
   52  DER OF SUCH SENTENCE; AND
   53    I. IN ACCORDANCE WITH PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION
   54  AND SECTION EIGHT HUNDRED FORTY-SIX-A OF THE  FAMILY  COURT  ACT,  IMME-
   55  DIATELY  REVOKE  OR,  IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF
   56  PROTECTION, SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
       S. 255                              5
    1  FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY  FOUND
    2  TO  HAVE VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND
    3  DISPOSAL OF ANY FIREARM SUCH PARTY  OWNS  OR  POSSESSES,  IF  THE  COURT
    4  DETERMINES  THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT
    5  BEHAVIOR CONSTITUTING THE CRIMES  OF  MENACING,  RECKLESS  ENDANGERMENT,
    6  STALKING,  ASSAULT  OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY
    7  SUCH ORDER INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED
    8  IN SUBDIVISION TEN OF SECTION 10.00 OF THE  PENAL  LAW  OR  THE  USE  OR
    9  THREATENED  USE  OF  A  DEADLY  WEAPON OR DANGEROUS INSTRUMENT, AS THOSE
   10  TERMS ARE DEFINED IN SUBDIVISIONS TWELVE AND THIRTEEN OF  SECTION  10.00
   11  OF  THE  PENAL LAW, SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL
   12  OF ANY FIREARM OWNED OR POSSESSED BY  SUCH  PARTY  SHALL  BE  MANDATORY,
   13  PURSUANT TO SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
   14    S  7.  Subdivision  9 of section 252 of the domestic relations law, as
   15  added by chapter 606 of the laws of 1999, is amended and a new  subdivi-
   16  sion 11 is added to read as follows:
   17    9.  Upon  issuance  of  an  order  of protection or temporary order of
   18  protection [or upon a violation of such order],  the  court  may  [take]
   19  MAKE  an  order  in accordance with section eight hundred forty-two-a of
   20  the family court act directing the surrender of  firearms,  revoking  or
   21  suspending  a party's firearms license, and/or directing that such party
   22  be ineligible to receive a firearms license. Upon issuance of  an  order
   23  of protection pursuant to this section [or upon a finding of a violation
   24  thereof],  the court also may direct payment of restitution in an amount
   25  not to exceed ten thousand dollars in accordance with subdivision (e) of
   26  section eight hundred forty-one of such act; provided, however, that  in
   27  no  case  shall an order of restitution be issued where the court deter-
   28  mines that the party against whom the order would be issued has  already
   29  compensated the injured party or where such compensation is incorporated
   30  in  a  final judgement or settlement of the action.  UPON A FINDING OF A
   31  WILLFUL VIOLATION OF AN  ORDER  OF  PROTECTION  OR  TEMPORARY  ORDER  OF
   32  PROTECTION,  THE  COURT MAY MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION
   33  TEN OF THIS SECTION.
   34    11. IF A PARTY IS BROUGHT BEFORE THE COURT  FOR  FAILURE  TO  OBEY  AN
   35  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
   36  OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR
   37  TRIBAL  JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS
   38  SATISFIED BY COMPETENT PROOF THAT SUCH PARTY  HAS  WILLFULLY  FAILED  TO
   39  OBEY ANY SUCH ORDER, THE COURT MAY DO ONE OR MORE OF THE FOLLOWING:
   40    A.  MODIFY  AN  EXISTING  ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF
   41  PROTECTION TO ADD REASONABLE CONDITIONS  OF  BEHAVIOR  TO  THE  EXISTING
   42  ORDER  OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
   43  ORDER OF PROTECTION IN ACCORDANCE WITH THIS SECTION;
   44    B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   45  TEMPORARY  ORDER  OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI-
   46  SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
   47  SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
   48  LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE  ORDER
   49  OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION  PARTICIPATE  IN  A
   50  BATTERER'S EDUCATION PROGRAM DESIGNED  TO  HELP  END  VIOLENT  BEHAVIOR,
   51  WHICH  MAY  INCLUDE  REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY
   52  THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED,  HOWEV-
   53  ER,  THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT
   54  OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE  STATE  OR  ANY
   55  POLITICAL SUBDIVISION THEREOF;
       S. 255                              6
    1    C.  IF  THE  PARTY  FOUND  TO HAVE VIOLATED THE ORDER OF PROTECTION OR
    2  TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT  TO  SUCH
    3  SECTION, REVOKE SUCH ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH
    4  PROBATION,  PROVIDED,  HOWEVER,  THAT  PENDING  THE  DETERMINATION  OF A
    5  VIOLATION  OF  PROBATION,  THE PERIOD OF PROBATION SHALL BE TOLLED AS OF
    6  THE DATE OF FILING OF THE VIOLATION PETITION OR MOTION;
    7    D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
    8  TEMPORARY  ORDER  OF  PROTECTION  TO  PAY RESTITUTION IN ACCORDANCE WITH
    9  SUBDIVISION NINE OF THIS SECTION OR, IF SUCH PARTY HAS ALREADY  BEEN  SO
   10  ORDERED AND HAS WILLFULLY VIOLATED SUCH ORDER, MODIFY SUCH ORDER;
   11    E.  ORDER  THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   12  TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY  COUN-
   13  SEL  FEES  AND  DISBURSEMENTS  OF  ANY OTHER PARTY OR PARTIES AND/OR THE
   14  CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
   15    F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF  PROTECTION  OR
   16  TEMPORARY ORDER OF PROTECTION TO PROVIDE, EITHER DIRECTLY OR BY MEANS OF
   17  MEDICAL AND HEALTH INSURANCE, FOR EXPENSES INCURRED FOR MEDICAL CARE AND
   18  TREATMENT  ARISING  FROM THE INCIDENT OR INCIDENTS FORMING THE BASIS FOR
   19  THE ISSUANCE OF THE ORDER OR ITS VIOLATION;
   20    G. SUSPEND AN ORDER OF VISITATION BETWEEN  THE  PARTY  FOUND  TO  HAVE
   21  VIOLATED  THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND
   22  HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH  VISITATION  BE  SUPER-
   23  VISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS
   24  SPECIFIED BY THE COURT;
   25    H.  COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
   26  TEMPORARY ORDER OF PROTECTION TO JAIL FOR  A  TERM  NOT  TO  EXCEED  SIX
   27  MONTHS.  SUCH  COMMITMENT  MAY  BE SERVED UPON CERTAIN SPECIFIED DAYS OR
   28  PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY,  AT  ANY  TIME
   29  WITHIN  THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
   30  PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
   31  DER OF SUCH SENTENCE; AND
   32    I. IN ACCORDANCE WITH SUBDIVISION NINE OF  THIS  SECTION  AND  SECTION
   33  EIGHT  HUNDRED  FORTY-SIX-A OF THE FAMILY COURT ACT, IMMEDIATELY REVOKE,
   34  OR IN THE CASE OF A  VIOLATION  OF  A  TEMPORARY  ORDER  OF  PROTECTION,
   35  SUSPEND  ANY  LICENSE  TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS
   36  PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND  TO  HAVE
   37  VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL
   38  OF  ANY  FIREARM  SUCH  PARTY OWNS OR POSSESSES, IF THE COURT DETERMINES
   39  THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER  INVOLVES  VIOLENT  BEHAVIOR
   40  CONSTITUTING  THE  CRIMES  OF MENACING, RECKLESS ENDANGERMENT, STALKING,
   41  ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY SUCH  ORDER
   42  INVOLVES  THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED IN SUBDI-
   43  VISION TEN OF SECTION 10.00 OF THE PENAL LAW OR THE  USE  OR  THREATENED
   44  USE  OF  A  DEADLY  WEAPON  OR  DANGEROUS INSTRUMENT, AS THOSE TERMS ARE
   45  DEFINED IN SUBDIVISIONS TWELVE AND THIRTEEN  OF  SECTION  10.00  OF  THE
   46  PENAL  LAW,  SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL OF ANY
   47  FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY, PURSUANT TO
   48  SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
   49    S 8. This act shall take effect on the ninetieth day  after  it  shall
   50  have  become  a  law;  provided,  however, that section four of this act
   51  shall apply to family offenses committed on or after such date.