senate Bill S465

Relates to the crime of persistent criminal contempt

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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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  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to the crime of persistent criminal contempt.

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Bill Details

Versions:
S465
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง60.15 & 215.47, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2725
2009-2010: S7856

Sponsor Memo

BILL NUMBER:S465

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of persistent
criminal contempt

SUMMARY OF SPECIFIC PROVISIONS:
The penal law is amended by adding a new section 60.15 which
establishes sentencing upon the conviction of persistent criminal
contempt. The relevant provisions of section 60.27 of this article
relating to restitution and reparation, and the relevant provisions
of section 60.35 of this article relating to the imposition of a
mandatory surcharge, crime victims assistance fee and other
applicable fees or surcharges, shall also apply to any sentence
imposed pursuant to this section. The penal law is amended by adding
a new section 215.47 Persistent criminal contempt.

PURPOSE OF BILL:
Persistent criminal contempt is defined as violating 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 This applies to family court or an order of protection issued
by a court of competent jurisdiction in another state, territory or
tribal jurisdiction. Applies when the defendant was previously
convicted of the crime of aggravated criminal contempt for violating
a duly served order of protection of which the defendant had
knowledge or has previously been found to have willfully or
intentionally violated an order of protection or temporary order of
protection in accordance with the provisions of judiciary, domestic
relations or family court law.

JUSTIFICATION:
This legislation is prompted by a Queens incident in which the
violator of a non-domestic violence case brutally mutilated a woman
who had 9 (nine) orders of protection (OP) against him. Incidents
continue to occur. In March of 2012, 24-year-old Kazan Raoul was shot
in the head at her home after attempting to secure her fourth order
of protection against her ex-boyfriend. New York must do something to
address the issue of continuous violations of orders of protection
for both domestic violence and non-domestic violence cases. Present
law does not sufficiently address the issue of repeat OP offenders
for both domestic violence and non-domestic violence cases.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced. Passed Senate 06/15/2010

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
First day of November next succeeding the date on
which it shall have become a law.


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

                                   465

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 the  crime  of  persistent
  criminal contempt

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

  Section 1. The penal law is amended by adding a new section  60.15  to
read as follows:
S 60.15 AUTHORIZED DISPOSITIONS; PERSISTENT CRIMINAL CONTEMPT.
  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
SENTENCED UPON A CONVICTION OF, OR UPON A YOUTHFUL OFFENDER ADJUDICATION
FOR, THE CRIME OF PERSISTENT CRIMINAL CONTEMPT  AS  DEFINED  IN  SECTION
215.47  OF  THIS  CHAPTER,  THE  COURT  SHALL  SENTENCE THE DEFENDANT TO
EITHER:
  (A) A DEFINITE SENTENCE OF IMPRISONMENT, THE TERM OF WHICH SHALL BE AT
LEAST SIXTY DAYS AND SHALL NOT EXCEED ONE YEAR; OR
  (B) A SENTENCE OF PROBATION AND IMPRISONMENT IN  ACCORDANCE  WITH  THE
PROVISIONS  OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS
ARTICLE APPLICABLE TO MISDEMEANOR CONVICTIONS; PROVIDED,  HOWEVER,  THAT
THE  TERM  OF IMPRISONMENT IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE
SIXTY DAYS. THE COURT SHALL REQUIRE, AS A CONDITION OF ANY  SENTENCE  OF
PROBATION  IMPOSED PURSUANT TO THIS PARAGRAPH, THAT THE DEFENDANT SUBMIT
TO ELECTRONIC MONITORING IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVI-
SION FOUR OF SECTION 65.10 OF THIS TITLE.
  2.  THE  RELEVANT PROVISIONS OF SECTION 60.27 OF THIS ARTICLE RELATING
TO RESTITUTION AND REPARATION, AND THE RELEVANT  PROVISIONS  OF  SECTION
60.35  OF  THIS  ARTICLE  RELATING  TO  THE  IMPOSITION  OF  A MANDATORY
SURCHARGE, CRIME VICTIM ASSISTANCE FEE  AND  OTHER  APPLICABLE  FEES  OR
SURCHARGES,  SHALL  ALSO  APPLY TO ANY SENTENCE IMPOSED PURSUANT TO THIS
SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03029-01-3

S. 465                              2

  S 2. The penal law is amended by adding a new section 215.47  to  read
as follows:
S 215.47 PERSISTENT CRIMINAL CONTEMPT.
  A  PERSON  IS  GUILTY  OF  PERSISTENT CRIMINAL CONTEMPT WHEN 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 OR SECTION 530.12 OR 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 JURISDIC-
TION AND WHERE THE DEFENDANT HAS EITHER:
  (A) PREVIOUSLY BEEN CONVICTED OF THE CRIME OF: (I) AGGRAVATED CRIMINAL
CONTEMPT AS DEFINED IN SECTION 215.52 OF  THIS  ARTICLE,  (II)  CRIMINAL
CONTEMPT  IN THE FIRST DEGREE AS DEFINED IN SECTION 215.51 OF THIS ARTI-
CLE, (III) CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVI-
SION THREE OF SECTION 215.50 OF THIS ARTICLE FOR VIOLATING THAT PART  OF
A  DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE DEFENDANT
HAD 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 OR SECTION 530.12 OR 530.13 OF THE CRIMI-
NAL PROCEDURE LAW, OR AN ORDER OF PROTECTION ISSUED BY A COURT OF COMPE-
TENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL  JURISDICTION,
OR (IV) PERSISTENT CRIMINAL CONTEMPT AS DEFINED BY THIS SECTION; OR
  (B)  PREVIOUSLY  BEEN  FOUND BY ANY COURT OF COMPETENT JURISDICTION TO
HAVE WILLFULLY OR INTENTIONALLY  VIOLATED  AN  ORDER  OF  PROTECTION  OR
TEMPORARY   ORDER  OF  PROTECTION  IN  ACCORDANCE  WITH  THE  APPLICABLE
PROVISIONS OF THE JUDICIARY LAW, DOMESTIC RELATIONS LAW OR FAMILY  COURT
ACT.
  PERSISTENT CRIMINAL CONTEMPT IS A CLASS A MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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