|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S465
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S465 - Details
S465 - Sponsor Memo
BILL NUMBER:S465 TITLE OF BILL: An act to amend the penal law, in relation to the crime of persistent criminal contempt SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended by adding a new section 60.15 which establishes sentencing upon the conviction of persistent criminal contempt. 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 victims assistance fee and other applicable fees or surcharges, shall also apply to any sentence imposed pursuant to this section. The penal law is amended by adding a new section 215.47 Persistent criminal contempt. PURPOSE OF BILL: Persistent criminal contempt is defined as violating 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 This applies to family court or an order of protection issued by a court of competent jurisdiction in another state, territory or tribal jurisdiction. Applies when the defendant was previously convicted of the crime of aggravated criminal contempt for violating
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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.