senate Bill S3579

Enhances penalties for violating certain orders of protection

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Sponsor

Bill Status


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

  • 06 / Feb / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Enhances penalties for violating orders of protection issued against non-family members.

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Bill Details

See Assembly Version of this Bill:
A5129
Versions:
S3579
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง215.51, Pen L

Sponsor Memo

BILL NUMBER:S3579

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 crimi-
nal 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 differ-
ently solely based on their relation to their victims.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3579

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

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