Bill Text: NY A08003 | 2009-2010 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A08003 Detail]

Download: New_York-2009-A08003-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8003
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 1, 2009
                                      ___________
       Introduced by M. of A. CAMARA -- read once and referred to the Committee
         on Codes
       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:
    1    Section  1. Section 215.52 of the penal law, as amended by chapter 350
    2  of the laws of 2006, is amended to read as follows:
    3  S 215.52 Aggravated criminal contempt.
    4    A person is guilty of aggravated criminal contempt when:
    5    1. in violation of a duly served order of protection, or such order of
    6  which the defendant has actual knowledge because he or she  was  present
    7  in court when such order was issued, or an order of protection issued by
    8  a  court  of  competent  jurisdiction  in  another state, territorial or
    9  tribal jurisdiction, he or she intentionally or recklessly causes  phys-
   10  ical  injury or serious physical injury to a person for whose protection
   11  such order was issued; or
   12    2. he or she commits the crime  of  criminal  contempt  in  the  first
   13  degree  as  defined  in subdivision (b) or (d) of section 215.51 of this
   14  article and has been previously convicted of  the  crime  of  aggravated
   15  criminal contempt; or
   16    3.  he  or  she  commits  the  crime of criminal contempt in the first
   17  degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of  subdi-
   18  vision (b) or subdivision (c) of section 215.51 of this article, and has
   19  been previously convicted of the crime of criminal contempt in the first
   20  degree, as defined in such subdivision (b), (c) or (d) of section 215.51
   21  of this article, within the preceding five years.
   22    Aggravated criminal contempt is a class [D] C felony.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  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.
                                                                  LBD04989-01-9