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Assembly Bill A4621

2017-2018 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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2017-A4621 (ACTIVE) - Details

See Senate Version of this Bill:
S2657
Current Committee:
Assembly Children And Families
Law Section:
Penal Law
Laws Affected:
Amd §215.52, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2647
2011-2012: S3686
2013-2014: S2728, S6135
2015-2016: A8270, S4351
2019-2020: A3084, S1131
2021-2022: S1213

2017-A4621 (ACTIVE) - Summary

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

2017-A4621 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4621
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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:
 § 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.
   § 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.
                                                            LBD00695-01-7

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