Bill Text: NY S09544 | 2021-2022 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-08-31 - REFERRED TO RULES [S09544 Detail]

Download: New_York-2021-S09544-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9544

                    IN SENATE

                                     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:

     1    Section 1. Subdivision 7 of  section  215.50  of  the  penal  law,  as
     2  amended  by chapter 702 of the laws of 1972, is amended and a new subdi-
     3  vision 8 is added to read as follows:
     4    7. On or along a public street or sidewalk  within  a  radius  of  two
     5  hundred  feet  of  any  building  established  as a courthouse, he calls
     6  aloud, shouts, holds or displays placards or signs containing written or
     7  printed matter, concerning the conduct of a trial  being  held  in  such
     8  courthouse  or  the character of the court or jury engaged in such trial
     9  or calling for or demanding any specified  action  or  determination  by
    10  such court or jury in connection with such trial[.]; or
    11    8.  Violates  any  terms  or  conditions of court ordered supervision,
    12  either before or after a conviction, and such violation involves:
    13    a. violating any curfew set by the court or supervising entity;
    14    b. entering a location such person is prohibited from  entering  under
    15  the terms of the supervision;
    16    c. absconding from court ordered supervision;
    17    d. possessing a firearm, destructive device or dangerous weapon; or
    18    e. tampering with or destroying electronic monitoring equipment.
    19    § 2. Subdivision (d) of section 215.51 of the penal law, as amended by
    20  chapter 597 of the laws of 1998, is amended and a new subdivision (e) is
    21  added to read as follows:
    22    (d)  in  violation of a duly served order of protection, or such order
    23  of which the defendant has actual knowledge because he or she was  pres-
    24  ent  in  court when such order was issued, or an order issued by a court
    25  of competent jurisdiction in  this  or  another  state,  territorial  or
    26  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

     1  property of a person for whose protection such order was  issued  in  an
     2  amount exceeding two hundred fifty dollars[.]; or
     3    (e)  he  or  she  commits the crime of criminal contempt in the second
     4  degree as defined in subdivision eight of section 215.50 of this article
     5  and has previously been convicted of the crime  of  aggravated  criminal
     6  contempt  or  criminal contempt in the first or second degree within the
     7  preceding five years.
     8    § 3. Subdivision 3 of section 205.10 of the penal  law,  as  added  by
     9  chapter  118  of the laws of 1980, is amended and a new subdivision 4 is
    10  added to read as follows:
    11    3. Having been adjudicated a  youthful  offender,  which  finding  was
    12  substituted  for  the  conviction  of  a  felony, he or she escapes from
    13  custody[.]; or
    14    4. While under court ordered supervision involving electronic monitor-
    15  ing, he or she absconds from supervision while still  in  possession  of
    16  equipment for such electronic monitoring.
    17    § 4. Paragraph (h) subdivision 4 section 510.10 of the criminal proce-
    18  dure  law,  as amended by section 2 of part UU of chapter 56 of the laws
    19  of 2020, is amended to read as follows:
    20    (h) criminal contempt in the second degree as defined  in  subdivision
    21  three  or subdivision eight of section 215.50 of the penal law, criminal
    22  contempt in the first degree as defined in subdivision  (b),  (c)  [or],
    23  (d),  or  (e)  of section 215.51 of the penal law or aggravated criminal
    24  contempt as defined in section 215.52 of the penal law[, and the  under-
    25  lying  allegation  of  such  charge  of  criminal contempt in the second
    26  degree, criminal contempt in the first  degree  or  aggravated  criminal
    27  contempt  is  that  the  defendant  violated  a  duly  served  order  of
    28  protection where the protected party is a member of the defendant's same
    29  family or household as defined in subdivision one of section  530.11  of
    30  this title];
    31    §  5. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
    32  530.20 of the criminal procedure law, as amended by section 3 of part UU
    33  of chapter 56 of the laws of 2020, is amended to read as follows:
    34    (viii) criminal contempt in the second degree as defined  in  subdivi-
    35  sion  three  or  subdivision  eight  of section 215.50 of the penal law,
    36  criminal contempt in the first degree as defined in subdivision (b), (c)
    37  [or], (d), or (e) of section 215.51 of the penal law or aggravated crim-
    38  inal contempt as defined in section 215.52 of the penal  law[,  and  the
    39  underlying  allegation of such charge of criminal contempt in the second
    40  degree, criminal contempt in the first  degree  or  aggravated  criminal
    41  contempt  is  that  the  defendant  violated  a  duly  served  order  of
    42  protection where the protected party is a member of the defendant's same
    43  family or household as defined in subdivision one of section  530.11  of
    44  this article];
    45    §  6. Paragraph (h) of subdivision 4 of section 530.40 of the criminal
    46  procedure law, as amended by section 4 of part UU of chapter 56  of  the
    47  laws of 2020, is amended to read as follows:
    48    (h)  criminal  contempt in the second degree as defined in subdivision
    49  three or subdivision eight of section 215.50 of the penal law,  criminal
    50  contempt  in  the  first degree as defined in subdivision (b), (c) [or],
    51  (d), or (e) of section 215.51 of the penal law  or  aggravated  criminal
    52  contempt as defined in section 215.52 of the penal law [, and the under-
    53  lying  allegation  of  such  charge  of  criminal contempt in the second
    54  degree, criminal contempt in the first  degree  or  aggravated  criminal
    55  contempt  is  that  the  defendant  violated  a  duly  served  order  of
    56  protection where the protected party is a member of the defendant's same
        S. 9544                             3

     1  family or household as defined in subdivision one of section  530.11  of
     2  this article];
     3    §  7. Paragraph (c) of subdivision 4 of section 140.10 of the criminal
     4  procedure law, as amended by chapter 4 of the laws of 1997,  is  amended
     5  and a new paragraph (d) is added to read as follows:
     6    (c)  a  misdemeanor  constituting  a  family  offense, as described in
     7  subdivision one of section 530.11 of  this  chapter  and  section  eight
     8  hundred  twelve  of  the  family  court  act, has been committed by such
     9  person against such  family  or  household  member,  unless  the  victim
    10  requests  otherwise. The officer shall neither inquire as to whether the
    11  victim seeks an arrest of such person nor threaten  the  arrest  of  any
    12  person for the purpose of discouraging requests for police intervention.
    13  Notwithstanding  the  foregoing, when an officer has reasonable cause to
    14  believe that more than one family or household member has committed such
    15  a misdemeanor, the officer is not required to arrest each  such  person.
    16  In  such circumstances, the officer shall attempt to identify and arrest
    17  the primary physical aggressor after considering:  (i)  the  comparative
    18  extent of any injuries inflicted by and between the parties; (ii) wheth-
    19  er  any such person is threatening or has threatened future harm against
    20  another party or another family or household member; (iii)  whether  any
    21  such  person  has  a prior history of domestic violence that the officer
    22  can reasonably ascertain; and (iv) whether any such person acted  defen-
    23  sively  to  protect  himself  or  herself from injury. The officer shall
    24  evaluate each complaint separately to determine who is the primary phys-
    25  ical aggressor and shall not base the  decision  to  arrest  or  not  to
    26  arrest  on  the  willingness of a person to testify or otherwise partic-
    27  ipate in a judicial proceeding[.]; or
    28    (d) such person has committed the offense of criminal contempt in  the
    29  second  degree,  as defined in section 215.50 of the penal law, criminal
    30  contempt in the first degree, as defined in section 215.51 of the  penal
    31  law,  or  aggravated  criminal contempt, as defined in section 215.52 of
    32  the penal law.
    33    § 8. This act shall take effect immediately and  shall  apply  to  all
    34  orders  of  protection  regardless  of  when  such  orders  were issued;
    35  provided, however, that the  amendments  to  subdivision  4  of  section
    36  140.10 of the criminal procedure law, made by section seven of this act,
    37  shall  not  affect  the  repeal of such subdivision, and shall be deemed
    38  repealed therewith.