Enhances penalties for violating orders of protection issued against non-family members.
TITLE OF BILL: An act to amend the penal law, in relation to violation of orders of protection
PURPOSE: Amend the penal law relating to charges for violations of orders of protection of non-family members.
SUMMARY OF PROVISIONS:
Section one - amends subdivision c of section 215.51 of the penal law, as amended by chapter 349 of the laws of 2006.
Section two - provides the effective date.
JUSTIFICATION: Currently, non-family members are typically charged with a class A misdemeanor for violations of orders of protection (PL 215.50). This bill would amend the penal law to allow charges of criminal contempt in the first degree (PL 215.51) for family members and non-family members, which is a class E felony.
In a recent case in Otsego County, a predator continued to violate an order of protection from a victim who is a minor. Due to the disparity in charges that can be filed against family members and non-family members for violations of orders of protection, the offender could only be charged repeatedly with a misdemeanor for criminal contempt in the in the second degree.
If enacted, this bill will equalize penalties for violations of orders of protection, removing the distinction that now exists between an order for family members and non-family members. This will increase penalties for non-family members by allowing district attorneys to pursue felony charges for violations. Repeat violators should not be treated differently solely based on their relation to their victims.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3579 2013-2014 Regular Sessions IN SENATE February 6, 2013 ___________Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to violation of orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 215.51 of the penal law, as amended by chapter 349 of the laws of 2006, is amended to read as follows: (c) he or she commits the crime of criminal contempt in the second degree as defined in subdivision three of section 215.50 of this article by violating that part of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and
[section]SECTIONS 530.12 AND 530.13 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of aggravated criminal contempt or criminal contempt in the first or second degree for violating an order of protection as described herein within the preceding five years; or S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07963-01-3