NY State Senate Bill 2017-S5224

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 16, 2017	referred to codes

2017-S5224 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§60.15 & 215.47, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7856
2011-2012: S2725
2013-2014: S465
2015-2016: S3163
2019-2020: S2947

2017-S5224 (ACTIVE) - Summary

Relates to the crime of persistent criminal contempt.

2017-S5224 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5224

 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 that
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.

Persistent criminal contempt is a Class A misdemeanor.

 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 a
duly served order of protection of which the defendant had knowledge
or has previously been found to have willfully or intentionally
violated an order of protection or temporary order of protection in
accordance with the provisions of judiciary, domestic relations or
family court law.

 JUSTIFICATION :

This legislation is prompted by a Queens incident in which the
violator of a non-domestic violence case brutally mutilated a woman
who had 9(nine) orders of protection (OP) against him. Incidents
continue to occur.

In March of 2012, 24-year-old Kazan Raoul was shot in the head at her
home after attempting to secure her fourth order of protection against
her ex-boyfriend. New York must do something to address the issue of
continuous violations of orders of protection for both domestic
violence and non-domestic violence cases.

Present law does not sufficiently address the issue of repeat OP
offenders for both domestic violence and non-domestic violence cases.

 PRIOR LEGISLATIVE HISTORY :

This legislation was previously introduced.

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
First day of November next succeeding the date on which it shall have
become a law.

2017-S5224 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5224
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 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:
 § 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.
                                                            LBD03485-01-7

 S. 5224                             2
 
   § 2. The penal law is amended by adding a new section 215.47  to  read
 as follows:
 § 215.47 PERSISTENT CRIMINAL CONTEMPT.
   A  PERSON  IS  GUILTY  OF  PERSISTENT CRIMINAL CONTEMPT WHEN HE OR SHE
 COMMITS THE CRIME OF CRIMINAL CONTEMPT IN THE SECOND DEGREE  AS  DEFINED
 IN SUBDIVISION THREE OF SECTION 215.50 OF THIS ARTICLE BY VIOLATING THAT
 PART  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, UNDER SECTIONS TWO HUNDRED FORTY AND TWO
 HUNDRED FIFTY-TWO OF THE DOMESTIC RELATIONS LAW,  ARTICLES  FOUR,  FIVE,
 SIX AND EIGHT OF THE FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF THE
 CRIMINAL  PROCEDURE  LAW, OR AN ORDER OF PROTECTION ISSUED BY A COURT OF
 COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL JURISDIC-
 TION AND WHERE THE DEFENDANT HAS EITHER:
   (A) PREVIOUSLY BEEN CONVICTED OF THE CRIME OF: (I) AGGRAVATED CRIMINAL
 CONTEMPT AS DEFINED IN SECTION 215.52 OF  THIS  ARTICLE,  (II)  CRIMINAL
 CONTEMPT  IN THE FIRST DEGREE AS DEFINED IN SECTION 215.51 OF THIS ARTI-
 CLE, (III) CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 215.50 OF THIS ARTICLE FOR VIOLATING THAT PART  OF
 A  DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE DEFENDANT
 HAD ACTUAL KNOWLEDGE BECAUSE HE OR SHE WAS PRESENT IN  COURT  WHEN  SUCH
 ORDER  WAS  ISSUED,  UNDER  SECTIONS  TWO  HUNDRED FORTY AND TWO HUNDRED
 FIFTY-TWO OF THE DOMESTIC RELATIONS LAW, ARTICLES FOUR,  FIVE,  SIX  AND
 EIGHT  OF THE FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF THE CRIMI-
 NAL PROCEDURE LAW, OR AN ORDER OF PROTECTION ISSUED BY A COURT OF COMPE-
 TENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL  JURISDICTION,
 OR (IV) PERSISTENT CRIMINAL CONTEMPT AS DEFINED BY THIS SECTION; OR
   (B)  PREVIOUSLY  BEEN  FOUND BY ANY COURT OF COMPETENT JURISDICTION TO
 HAVE WILLFULLY OR INTENTIONALLY  VIOLATED  AN  ORDER  OF  PROTECTION  OR
 TEMPORARY   ORDER  OF  PROTECTION  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS OF THE JUDICIARY LAW, DOMESTIC RELATIONS LAW OR FAMILY  COURT
 ACT.
   PERSISTENT CRIMINAL CONTEMPT IS A CLASS A MISDEMEANOR.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S5224

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S5224 (ACTIVE) - Details

2017-S5224 (ACTIVE) - Summary

2017-S5224 (ACTIVE) - Sponsor Memo

2017-S5224 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5224

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S5224 (ACTIVE) - Details

2017-S5224 (ACTIVE) - Summary

2017-S5224 (ACTIVE) - Sponsor Memo

2017-S5224 (ACTIVE) - Bill Text download pdf

Comments