Bill Text: NY S01131 | 2019-2020 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S01131 Detail]

Download: New_York-2019-S01131-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1131
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by Sen. BENJAMIN -- 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  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  § 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    § 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.
                                                                   LBD06083-01-9