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History
- Referred to codes
- 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.
Enhances penalties for violating certain orders of protection
In Assembly Committee · Codes · Sponsor William Magee
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3579
Title of bill
An act to amend the penal law, in relation to violation of orders of protection
Purpose
Amend the penal law relating to charges for violations of orders of protection of non-family members.
Summary of provisions
Section one - amends subdivision c of section 215.51 of the penal law, as amended by chapter 349 of the laws of 2006.
Section two - provides the effective date.
Justification
Currently, non-family members are typically charged with a class A misdemeanor for violations of orders of protection (PL 215.50). This bill would amend the penal law to allow charges of crimi- nal contempt in the first degree (PL 215.51) for family members and non-family members, which is a class E felony.
In a recent case in Otsego County, a predator continued to violate an order of protection from a victim who is a minor. Due to the disparity in charges that can be filed against family members and non-family members for violations of orders of protection, the offender could only be charged repeatedly with a misdemeanor for criminal contempt in the in the second degree.
If enacted, this bill will equalize penalties for violations of orders of protection, removing the distinction that now exists between an order for family members and non-family members. This will increase penalties for non-family members by allowing district attorneys to pursue felony charges for violations. Repeat violators should not be treated differ- ently solely based on their relation to their victims.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.