NY State Senate Bill 2021-S9543

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 31, 2022	referred to rules

2021-S9543 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§215.52 & 70.25, Pen L

2021-S9543 (ACTIVE) - Summary

Requires certain sentences for aggravated criminal contempt to be served consecutively.

2021-S9543 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9543

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to the crime of aggravated
criminal contempt

 
PURPOSE:

To require certain sentences for aggravated criminal contempt to be
served consecutively.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to expand the definition of aggravated
criminal contempt to include cases where an individual in a correctional
facility or local correctional facility commits criminal contempt in the
second degree in relation to disobeying or resisting the lawful process
or other mandate of a court.

Section 2: Amends the penal law to provide that when a person is

convicted of aggravated criminal contempt in relation to the provisions
added in section 1 of this act, after arraignment but prior to the impo-
sition of sentence on a pending felony charge, and if an indeterminate
or determinate sentence of imprisonment is imposed in each case, such
sentences shall run consecutively

Section 3: Provides the effective date.

 
JUSTIFICATION:

Orders of protection are a critical component of public safety and our
criminal justice system as a whole. It is essential that victims and
witnesses are not subjected to intimidation, harassment, or especially
violence. Any failure or inability to enforce such orders jeopardizes
the confidence that a victim or other witness may have that they can
come forward safely, and so it is necessary that the State treat any
violation of these orders with the severity such violations warrant.

Situations involving domestic violence and orders of protection unfortu-
nately can carry tragic consequences when these orders are ignored. If
an individual is willing to violate an order of protection while in
custody, it is disturbing to consider what they may do once they are no
longer in custody if such a violation is not met with significant conse-
quences.

This legislation is inspired by the case of Melanie Chianese, a victim
of domestic violence who was senselessly murdered by her mother's inti-
mate partner. In the wake of the tragedy, despite being incarcerated,
the perpetrator has found a number of ways to continue to harass the
victim's mother via phone, letters, and internet communication, despite
an order of protection being in place. This bill seeks to deter behavior
of this nature and prioritize the safety of victims and witnesses by
requiring that, in cases where an individual violates an order of the
court, such as an order of protection, and does so while in a correc-
tional facility and awaiting sentencing on a pending felony charge, then
any sentence for such violation and felony charge shall be served
consecutively.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9543 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9543
 
                             I N  S E N A T E
 
                              August 31, 2022
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to the  crime  of  aggravated
   criminal contempt
 
   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:
 § 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; OR
   4. 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
 WHILE  CONFINED IN A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILI-
 TY, AS DEFINED IN SUBDIVISION THREE OF SECTION FORTY OF  THE  CORRECTION
 LAW.
   Aggravated criminal contempt is a class D felony.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16186-01-2

 S. 9543                             2
 
   §  2. Section 70.25 of the penal law is amended by adding a new subdi-
 vision 2-h to read as follows:
   2-H.  WHEN  A  PERSON  IS CONVICTED OF AGGRAVATED CRIMINAL CONTEMPT IN
 VIOLATION OF SUBDIVISION FOUR OF SECTION 215.52 OF THIS CHAPTER, COMMIT-
 TED AFTER ARRAIGNMENT BUT PRIOR TO THE IMPOSITION OF SENTENCE ON A PEND-
 ING FELONY CHARGE, AND IF AN INDETERMINATE OR  DETERMINATE  SENTENCE  OF
 IMPRISONMENT  IS  IMPOSED IN EACH CASE, SUCH SENTENCES SHALL RUN CONSEC-
 UTIVELY.
   § 3. This act shall take effect immediately.

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2021-S9543 (ACTIVE) - Details

2021-S9543 (ACTIVE) - Summary

2021-S9543 (ACTIVE) - Sponsor Memo

2021-S9543 (ACTIVE) - Bill Text download pdf

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2021-S9543 (ACTIVE) - Details

2021-S9543 (ACTIVE) - Summary

2021-S9543 (ACTIVE) - Sponsor Memo

2021-S9543 (ACTIVE) - Bill Text download pdf

Comments