S3686-2011 - NY Senate Open Legislation - Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders

Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders.

Sponsor: ADAMS / Committee: CODES
Law Section: Penal Law / Law: Amd S215.52, Pen L

S3686-2011 Actions

Mar 26, 2012: referred to codes
Mar 26, 2012: DELIVERED TO ASSEMBLY
Mar 26, 2012: PASSED SENATE
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.420
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 15, 2011: referred to codes
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
Jun 15, 2011: ORDERED TO THIRD READING CAL.1276
Jun 15, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Mar 2, 2011: REFERRED TO CODES

S3686-2011 Meetings

Codes: Mar 20, 2012, Rules: Jun 17, 2011

S3686-2011 Calendars

Active List: Mar 26, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Jun 15, 2011

S3686-2011 Votes

VOTE: FLOOR VOTE: - Jun 15, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

VOTE: FLOOR VOTE: - Mar 26, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer

S3686-2011 Memo

BILL NUMBER:S3686

TITLE OF BILL:
An act
to amend the penal law, in relation to enhancing the penalties for
violations of orders of protection

PURPOSE:
The purpose of this bill is to enhance the penalty for people who
violate orders of protection after having been previously convicted
of violating such orders.

SUMMARY OF PROVISIONS:
This bill amends Section 1. � 215.52 of New York State Penal Law by
adding chapter 350 of the laws of 2006. The bill would state that
he/she who commits the crime of criminal contempt in the first degree
as defined in subdivision (b) or (d) of � 215.51 of this article and
has been previously convicted of the crime of aggravated criminal
contempt would be charge with a class C felony.

PRIOR LEGISLATIVE HISTORY:
03/12/08 Referred to Codes
2010:  A.8003/S.2647 Held in Codes

JUSTIFICATION:
Orders-of protection are not taken very seriously as they presently
stand in New York State. We must amplify the penalty for violating an
order of protection with a higher charge for committing such a crime.
People are not being deterred from the consequences of what will
happen if they violate an order of protection. It is only when extreme
cases happen that these orders of protection are taken seriously or
even looked at. This is the main reason we should raise the penalties
against offenders of orders of protection so that these violators
could be deterred from committing these crimes. The guidelines for
orders of protection should be taken very seriously so that we would
not notice a crime against an order of protection only when a extreme
cases happen.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the first of November next succeeding the date on which
it shall have become law.

S3686-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3686
 2011-2012 Regular Sessions
 I N  SENATE
 March 2, 2011
 
 Introduced  by  Sen.  ADAMS  -- 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  enhancing  the  penalties
 for violations of orders of protection
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 215.52 of the penal law, as amended by chapter  350
 of the laws of 2006, is amended to read as follows:

 

S 215.52 Aggravated criminal contempt.
 A person is guilty of aggravated criminal contempt when:

 1. in violation 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, or an order of protection issued by
 a court of competent  jurisdiction  in  another  state,  territorial  or
 tribal  jurisdiction, he or she intentionally or recklessly causes phys
 ical injury or serious physical injury to a person for whose  protection
 such order was issued; or
 2.  he  or  she  commits  the  crime of criminal contempt in the first
 degree as defined in subdivision (b) or (d) of section  215.51  of  this
 article  and  has  been  previously convicted of the crime of aggravated
 criminal contempt; or
 3. he or she commits the crime  of  criminal  contempt  in  the  first
 degree,  as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdi
 vision (b) or subdivision (c) of section 215.51 of this article, and has
 been previously convicted of the crime of criminal contempt in the first
 degree, as defined in such subdivision (b), (c) or (d) of section 215.51
 of this article, within the preceding five years.
 Aggravated criminal contempt is a class [D] C felony.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07516-01-1

S3686-2011: Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders