Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders.
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.
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 extreme cases happen.
PRIOR LEGISLATIVE HISTORY: S.7140 of 2008 Referred to Codes S.2647 of 2009-2010 Referred to Codes S.3686 of 2011-2012 Passed Senate S.2728 of 2013 Passed Senate
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: On the first of December next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6135 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. O'BRIEN -- 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 December 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. LBD05592-02-3