senate Bill S2728

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 24, 2013 referred to codes
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1599
committee discharged and committed to rules
Jan 23, 2013 referred to codes

Votes

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S2728 - Details

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

S2728 - Summary

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

S2728 - Sponsor Memo

S2728 - Bill Text download pdf

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

                                  2728

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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.
                                                           LBD05592-01-3

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