senate Bill S465

2013-2014 Legislative Session

Relates to the crime of persistent criminal contempt

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S465 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยงยง60.15 & 215.47, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2725
2009-2010: S7856

S465 - Summary

Relates to the crime of persistent criminal contempt.

S465 - Sponsor Memo

S465 - Bill Text download pdf

                    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.

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