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

                                  7856

                            I N  S E N A T E

                              May 18, 2010
                               ___________

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.
  S 2. The penal law is amended by adding a new section 215.47  to  read
as follows:
S 215.47 PERSISTENT CRIMINAL CONTEMPT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17151-01-0
              

S. 7856                             2

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