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S2725Senate2011-2012 SessionSame asA5325

Relates to the crime of persistent criminal contempt

Sponsor Toby Ann StaviskySD-16Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Toby Ann Stavisky

Senator · Senate District 16

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5325Assembly

Relates to the crime of persistent criminal contempt

In Assembly Committee · Codes · Sponsor Grace Meng

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2725

Title of bill

An act to amend the penal law, in relation to the crime of persistent criminal contempt

Summary of specific provisions

The penal law is amended by adding a new section 60.15 which establishes sentencing upon the conviction of persistent criminal contempt. The relevant provisions of section 60.27 of this article relating to restitution and reparation, and the relevant provisions of section 60.35 of this article relating to the imposition of a mandatory surcharge, crime victims assistance fee and other applicable fees or surcharges, shall also apply to any sentence imposed pursuant to this section. The penal law is amended by adding a new section 215.47 Persistent criminal contempt.

Purpose of bill

Persistent criminal contempt is defined as violating a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued. This applies to family court or an order of protection issued by a court of competent jurisdiction in another state, territory or tribal jurisdiction. Applies when the defendant was previously convicted of the crime of aggravated criminal contempt for violating a duly served order of protection of which the defendant had knowledge or has previously been found to have willfully or intentionally violated an order of protection or temporary order of protection in accordance with the provisions of judiciary, domestic relations or family court law.

Justification

This legislation is prompted by a Queens incident in which the violator of a non-domestic violence case brutally mutilated a woman who had 9 (nine) orders of protection (OP) against him. New York must do something to address the issue of continuous violations of orders of protection for both domestic violence and non-domestic violence cases. Present law does not sufficiently address the issue of repeat OP offenders for both domestic violence and non-domestic violence cases.

Prior legislative history

This bill was previously introduced. Passed Senate 6/15/2010.

Fiscal implications

None to the state.

Effective date

First day of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.