senate Bill S3686

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Mar / 2011
    • REFERRED TO CODES
  • 15 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1276
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • 1ST REPORT CAL.420
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2012
    • PASSED SENATE
  • 26 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 26 / Mar / 2012
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S3686
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.52, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S2647

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3686

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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

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