NY State Senate Bill 2021-S9544

Archive: Last Bill Status - In Senate Committee Rules 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
Aug 31, 2022	referred to rules

2021-S9544 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§215.50, 215.51 & 205.10, Pen L; amd §§510.10, 530.20, 530.40 & 140.10, CP L

2021-S9544 (ACTIVE) - Summary

Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.

2021-S9544 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9544

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminal contempt and
escape; and to amend the criminal procedure law, in relation to arrest
and securing orders for persons charged with certain contempt offenses

 
PURPOSE:

To enhance penalties for violations of terms or conditions of court
ordered supervision.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to expand the definition of criminal
contempt in the second degree to include provisions relating to violat-
ing court ordered supervision, either before or after conviction, which
includes violating curfew, entering a location such person is prohibited
from entering under the terms of such supervision, absconding from court
ordered supervision, possessing a firearm, destructive device or danger-

ous weapon, or tampering with or destroying electronic monitoring equip-
ment.

Section 2: Amends the penal law to expand the definition of criminal
contempt in the first degree to include violations pursuant to section 1
of this act in cases where the defendant has previously been convicting
of the crime of aggravated criminal contempt or criminal contempt in the
first or second degree within the preceding five year.

Section 3: Amends the penal law to expand the definition of escape in
the second degree to include absconding from supervision while under
court ordered supervision involving electronic monitoring and while
still in possession of equipment for such electronic monitoring.

Section 4: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2 of this act eligible for securing orders.

Section 5: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2 of this act eligible for securing order for local crim-
inal courts.

Section 6: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2 of this act eligible for orders of recognizance,
release under non-monetary conditions or bail for superior courts.

Section 7: Amends the criminal procedure law to add the contempt
offenses pursuant to this act to the list of mandatory arrest offenses.

Section 8: Provides the effective date.

 
JUSTIFICATION:

Melanie Chianese, a resident of Wappinger, NY, was a loving mother to
her son, and was working toward her degree in alcohol and substance
abuse counseling when her life was tragically taken by her mother's
ex-boyfriend after he violated the terms of his court ordered supervised
release. Such tragedies are devastating to families, loved ones and
communities as a whole, and they also jeopardize the confidence victims
or other witnesses may have that they can safely come forward against
their abusers in their own life.

This legislation aims to deter violations and help protect victims and
witnesses by ensuring violations of court ordered supervision will be
taken seriously by expanding the definitions of criminal contempt in the
second and first degrees to include violations of court ordered supervi-
sion-including violating curfew, entering a location such person is
prohibited from entering under the terms of such supervision, absconding
from court ordered supervision, possessing a firearm, destructive device
or dangerous weapon, or tampering with or destroying electronic monitor-
ing equipment-and repeated violations of supervision, respectively.
Furthermore, this legislation would add these offenses to the list of
bail eligible and mandatory arrest offenses, and would make it a crime
to abscond while under supervision involving electronic monitoring.

It is essential that the terms of court ordered supervision are strictly
followed and enforced, and that violations are met with expeditious and
significant consequences. Any violation of such supervision must be
taken seriously, and it is critical that these violations are addressed
before an offender has the opportunity to cause more harm. Violations of
supervised release puts lives at significant risk, as was tragically the
case for Melanie. It is incumbent upon the state to take steps necessary
to strengthen our laws to better protect victims and save lives.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all orders of
protection regardless of when such orders were issued; provided, howev-
er, that the amendments to subdivision 4 of section 140.10 of the crimi-
nal procedure law, made by section seven of this act, shall not affect
the repeal of such subdivision, and shall be deemed repealed therewith.

2021-S9544 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9544
 
                             I N  S E N A T E
 
                              August 31, 2022
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in  relation  to  criminal  contempt  and
   escape; and to amend the criminal procedure law, in relation to arrest
   and securing orders for persons charged with certain contempt offenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of  section  215.50  of  the  penal  law,  as
 amended  by chapter 702 of the laws of 1972, is amended and a new subdi-
 vision 8 is added to read as follows:
   7. On or along a public street or sidewalk  within  a  radius  of  two
 hundred  feet  of  any  building  established  as a courthouse, he calls
 aloud, shouts, holds or displays placards or signs containing written or
 printed matter, concerning the conduct of a trial  being  held  in  such
 courthouse  or  the character of the court or jury engaged in such trial
 or calling for or demanding any specified  action  or  determination  by
 such court or jury in connection with such trial[.]; OR
   8.  VIOLATES  ANY  TERMS  OR  CONDITIONS OF COURT ORDERED SUPERVISION,
 EITHER BEFORE OR AFTER A CONVICTION, AND SUCH VIOLATION INVOLVES:
   A. VIOLATING ANY CURFEW SET BY THE COURT OR SUPERVISING ENTITY;
   B. ENTERING A LOCATION SUCH PERSON IS PROHIBITED FROM  ENTERING  UNDER
 THE TERMS OF THE SUPERVISION;
   C. ABSCONDING FROM COURT ORDERED SUPERVISION;
   D. POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR DANGEROUS WEAPON; OR
   E. TAMPERING WITH OR DESTROYING ELECTRONIC MONITORING EQUIPMENT.
   § 2. Subdivision (d) of section 215.51 of the penal law, as amended by
 chapter 597 of the laws of 1998, is amended and a new subdivision (e) is
 added to read as follows:
   (d)  in  violation of a duly served order of protection, or such order
 of which the defendant has actual knowledge because he or she was  pres-
 ent  in  court when such order was issued, or an order issued by a court
 of competent jurisdiction in  this  or  another  state,  territorial  or
 tribal  jurisdiction,  he or she intentionally or recklessly damages the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16242-01-2

 S. 9544                             2
 
 property of a person for whose protection such order was  issued  in  an
 amount exceeding two hundred fifty dollars[.]; OR
   (E)  HE  OR  SHE  COMMITS THE CRIME OF CRIMINAL CONTEMPT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION EIGHT OF SECTION 215.50 OF THIS ARTICLE
 AND HAS PREVIOUSLY BEEN CONVICTED OF THE CRIME  OF  AGGRAVATED  CRIMINAL
 CONTEMPT  OR  CRIMINAL CONTEMPT IN THE FIRST OR SECOND DEGREE WITHIN THE
 PRECEDING FIVE YEARS.
   § 3. Subdivision 3 of section 205.10 of the penal  law,  as  added  by
 chapter  118  of the laws of 1980, is amended and a new subdivision 4 is
 added to read as follows:
   3. Having been adjudicated a  youthful  offender,  which  finding  was
 substituted  for  the  conviction  of  a  felony, he OR SHE escapes from
 custody[.]; OR
   4. WHILE UNDER COURT ORDERED SUPERVISION INVOLVING ELECTRONIC MONITOR-
 ING, HE OR SHE ABSCONDS FROM SUPERVISION WHILE STILL  IN  POSSESSION  OF
 EQUIPMENT FOR SUCH ELECTRONIC MONITORING.
   § 4. Paragraph (h) subdivision 4 section 510.10 of the criminal proce-
 dure  law,  as amended by section 2 of part UU of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (h) criminal contempt in the second degree as defined  in  subdivision
 three  OR SUBDIVISION EIGHT of section 215.50 of the penal law, criminal
 contempt in the first degree as defined in subdivision  (b),  (c)  [or],
 (d),  OR  (E)  of section 215.51 of the penal law or aggravated criminal
 contempt as defined in section 215.52 of the penal law[, and the  under-
 lying  allegation  of  such  charge  of  criminal contempt in the second
 degree, criminal contempt in the first  degree  or  aggravated  criminal
 contempt  is  that  the  defendant  violated  a  duly  served  order  of
 protection where the protected party is a member of the defendant's same
 family or household as defined in subdivision one of section  530.11  of
 this title];
   §  5. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
 530.20 of the criminal procedure law, as amended by section 3 of part UU
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three  OR  SUBDIVISION  EIGHT  of section 215.50 of the penal law,
 criminal contempt in the first degree as defined in subdivision (b), (c)
 [or], (d), OR (E) of section 215.51 of the penal law or aggravated crim-
 inal contempt as defined in section 215.52 of the penal  law[,  and  the
 underlying  allegation of such charge of criminal contempt in the second
 degree, criminal contempt in the first  degree  or  aggravated  criminal
 contempt  is  that  the  defendant  violated  a  duly  served  order  of
 protection where the protected party is a member of the defendant's same
 family or household as defined in subdivision one of section  530.11  of
 this article];
   §  6. Paragraph (h) of subdivision 4 of section 530.40 of the criminal
 procedure law, as amended by section 4 of part UU of chapter 56  of  the
 laws of 2020, is amended to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three OR SUBDIVISION EIGHT of section 215.50 of the penal law,  criminal
 contempt  in  the  first degree as defined in subdivision (b), (c) [or],
 (d), OR (E) of section 215.51 of the penal law  or  aggravated  criminal
 contempt as defined in section 215.52 of the penal law [, and the under-
 lying  allegation  of  such  charge  of  criminal contempt in the second
 degree, criminal contempt in the first  degree  or  aggravated  criminal
 contempt  is  that  the  defendant  violated  a  duly  served  order  of
 protection where the protected party is a member of the defendant's same
 S. 9544                             3

 family or household as defined in subdivision one of section  530.11  of
 this article];
   §  7. Paragraph (c) of subdivision 4 of section 140.10 of the criminal
 procedure law, as amended by chapter 4 of the laws of 1997,  is  amended
 and a new paragraph (d) is added to read as follows:
   (c)  a  misdemeanor  constituting  a  family  offense, as described in
 subdivision one of section 530.11 of  this  chapter  and  section  eight
 hundred  twelve  of  the  family  court  act, has been committed by such
 person against such  family  or  household  member,  unless  the  victim
 requests  otherwise. The officer shall neither inquire as to whether the
 victim seeks an arrest of such person nor threaten  the  arrest  of  any
 person for the purpose of discouraging requests for police intervention.
 Notwithstanding  the  foregoing, when an officer has reasonable cause to
 believe that more than one family or household member has committed such
 a misdemeanor, the officer is not required to arrest each  such  person.
 In  such circumstances, the officer shall attempt to identify and arrest
 the primary physical aggressor after considering:  (i)  the  comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er  any such person is threatening or has threatened future harm against
 another party or another family or household member; (iii)  whether  any
 such  person  has  a prior history of domestic violence that the officer
 can reasonably ascertain; and (iv) whether any such person acted  defen-
 sively  to  protect  himself  or  herself from injury. The officer shall
 evaluate each complaint separately to determine who is the primary phys-
 ical aggressor and shall not base the  decision  to  arrest  or  not  to
 arrest  on  the  willingness of a person to testify or otherwise partic-
 ipate in a judicial proceeding[.]; OR
   (D) SUCH PERSON HAS COMMITTED THE OFFENSE OF CRIMINAL CONTEMPT IN  THE
 SECOND  DEGREE,  AS DEFINED IN SECTION 215.50 OF THE PENAL LAW, CRIMINAL
 CONTEMPT IN THE FIRST DEGREE, AS DEFINED IN SECTION 215.51 OF THE  PENAL
 LAW,  OR  AGGRAVATED  CRIMINAL CONTEMPT, AS DEFINED IN SECTION 215.52 OF
 THE PENAL LAW.
   § 8. This act shall take effect immediately and  shall  apply  to  all
 orders  of  protection  regardless  of  when  such  orders  were issued;
 provided, however, that the  amendments  to  subdivision  4  of  section
 140.10 of the criminal procedure law, made by section seven of this act,
 shall  not  affect  the  repeal of such subdivision, and shall be deemed
 repealed therewith.

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Senate Bill S9544

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9544 (ACTIVE) - Details

2021-S9544 (ACTIVE) - Summary

2021-S9544 (ACTIVE) - Sponsor Memo

2021-S9544 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9544

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9544 (ACTIVE) - Details

2021-S9544 (ACTIVE) - Summary

2021-S9544 (ACTIVE) - Sponsor Memo

2021-S9544 (ACTIVE) - Bill Text download pdf

Comments