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

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S2728 - Bill 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 - Bill Texts

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

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BILL NUMBER:S2728

TITLE OF BILL: An act to amend the penal law, in relation to enhancing
the penalties for violations of orders of protection

PURPOSE: The purpose of this bill is to enhance the penalty for people
who violate orders of protection after having been previously convicted
of violating such orders.

SUMMARY OF PROVISIONS: This bill amends Section 1, § 215.52 of New York
State Penal Law by adding chapter 350 of the laws of 2006. The bill
would state that he/she who commits the crime of criminal contempt in
the first degree as defined in subdivision (b) or (d) of § 215.51 of
this article and has been previously convicted of the crime of aggra-
vated criminal contempt would be charge with a class C felony.

PRIOR LEGISLATIVE HISTORY: 03/12/08 Referred to Codes 2010:
A.8003/S.2647 Held in Codes S.3686 03/02/11 Referred to Codes S.3686
06/15/11 Committee discharged and committed to Rules
Ordered to third reading cal.1276
Passed Senate
Delivered to Assembly
Referred to Codes S.3686 01/04/12 Died in Assembly
Returned to Senate S.3686 03/20/12 report cal.420 S.3686 03/21/12
2nd report cal. S.3686 03/22/12 Advanced to third reading S.3686
03/26/12 Passed Senate
Delivered to Assembly
Referred to Codes

JUSTIFICATION: Orders-of protection are not taken very seriously as
they presently stand in New York State. We must amplify the penalty for
violating an order of protection with a higher charge for committing
such a crime. People are not being deterred from the consequences of
what will happen if they violate an order of protection. It is only when
extreme cases happen that these orders of protection are taken seriously
or even looked at. This is the main reason we should raise the penalties
against offenders of orders of protection so that these violators could
be deterred from committing these crimes. The guidelines for orders of
protection should be taken very seriously so that we would not notice a
crime against an order of protection only when a extreme cases happen.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the first of November next succeeding the date on
which it shall have become law.

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                    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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