senate Bill S6135

2013-2014 Legislative Session

Relates to enhancing the penalties for violations of orders of protection

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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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Jan 08, 2014 referred to codes

S6135 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.52, Pen L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2728
2011-2012: S3686
2009-2010: S2647

S6135 - 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:S6135

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 aggravated criminal contempt would be charge with a class C felony.

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 extreme cases happen.

PRIOR LEGISLATIVE HISTORY: S.7140 of 2008 Referred to Codes S.2647 of
2009-2010 Referred to Codes S.3686 of 2011-2012 Passed Senate S.2728
of 2013 Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the first of December 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
________________________________________________________________________

                                  6135

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 December 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.
                                                           LBD05592-02-3

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