What's happening
This bill expands aggravated criminal contempt to include violations of orders of protection issued under both sections 530.12 and 530.13 of criminal procedure law.
Why it matters
Expands protection for victims. By including violations of orders of protection issued under both sections 530.12 and 530.13, the bill broadens the circumstances in which aggravated criminal contempt charges can be brought, covering a wider range of victims, including those protected by criminal, not just family, court orders.
Increases accountability for repeat offenders. The amendment ensures that individuals who repeatedly violate any qualifying order of protection—regardless of which section it falls under—face enhanced legal consequences, aiming to deter persistent abusers.
Closes legal loopholes. Previously, only violations of orders under section 530.12 (primarily related to family offenses) triggered aggravated contempt charges; expanding to 530.13 (often relating to other criminal matters) removes inconsistencies and gaps in protection.
Signals stronger legislative intent to address domestic and interpersonal violence. By making aggravated contempt charges applicable to more situations, the law reflects a commitment to prioritizing the safety of individuals at risk and providing more robust legal tools for prosecutors.
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Who cares
Headline styles
Tougher Penalties for Violating Orders
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4103
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. MAGEE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to violation of orders of protection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (c) of section 215.51 of the penal law, as amended by chapter 349 of the laws of 2006, is amended to read as follows:
(c) he or she commits the crime of criminal contempt in the second degree as defined in subdivision three of section 215.50 of this article by violating that part of 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, under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and [section] sections 530.12 and 530.13 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of aggravated criminal contempt or criminal contempt in the first or second degree for violating an order of protection as described herein within the preceding five years; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08825-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.