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Assembly Bill A8270

2015-2016 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 - In Assembly Committee

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2015-A8270 (ACTIVE) - Details

See Senate Version of this Bill:
S4351
Current Committee:
Assembly Children And Families
Law Section:
Penal Law
Laws Affected:
Amd ยง215.52, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2647
2011-2012: S3686
2013-2014: S2728, S6135
2017-2018: A4621, S2657
2019-2020: A3084, S1131
2021-2022: S1213

2015-A8270 (ACTIVE) - Summary

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

2015-A8270 (ACTIVE) - Bill Text download pdf 

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

                                  8270

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Children and Families

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.
                                                           LBD08466-01-5

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