Assembly Bill A7622

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7622
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to the  crime  of  aggravated
   criminal contempt
 
   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] THE DEFEND-
 ANT  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]  THE  DEFENDANT  inten-
 tionally or recklessly causes physical injury or serious physical injury
 to a person for whose protection such order was issued; or
   2. [he or she] THE DEFENDANT 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 aggra-
 vated criminal contempt; or
   3. [he or she] THE DEFENDANT commits the crime of criminal contempt in
 the first degree, as defined in paragraph (i), (ii), (iii), (v) or  (vi)
 of subdivision (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; OR
   4.  THE DEFENDANT COMMITS THE CRIME OF CRIMINAL CONTEMPT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 215.50 OF THIS ARTICLE
 WHILE CONFINED IN A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL  FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11242-01-5
 A. 7622                             2
              

 
 TY,  AS  DEFINED IN SUBDIVISION THREE OF SECTION FORTY OF THE CORRECTION
 LAW.
   Aggravated criminal contempt is a class D felony.
   §  2. Section 70.25 of the penal law is amended by adding a new subdi-
 vision 2-h to read as follows:
   2-H. WHEN A PERSON IS CONVICTED OF  AGGRAVATED  CRIMINAL  CONTEMPT  IN
 VIOLATION OF SUBDIVISION FOUR OF SECTION 215.52 OF THIS CHAPTER, COMMIT-
 TED AFTER ARRAIGNMENT BUT PRIOR TO THE IMPOSITION OF SENTENCE ON A PEND-
 ING  FELONY  CHARGE,  AND IF AN INDETERMINATE OR DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED IN EACH CASE, SUCH SENTENCES SHALL  RUN  CONSEC-
 UTIVELY.
   § 3. This act shall take effect immediately.