Skip to content
A3084Assembly2019-2020 SessionSame asS1131

Increase Penalties for Repeat Violators

Official title

“Enhances the penalty for persons who violate orders of protection after having been previously convicted of violating such orders”

Sponsor Felix OrtizAD-51Affects Legal
Status
In Assembly Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases the penalty for aggravated criminal contempt related to violations of orders of protection from a class D to a class C felony.

Why it matters

  1. Increasing the offense level from a class D to a class C felony means longer potential prison sentences. and higher stakes for those convicted—this raises the seriousness with which the legal system treats repeat or violent violations of orders of protection.

  2. Victims of domestic violence or stalking may feel greater protection and validation. , as the law recognizes aggravated criminal contempt as a more severe crime, signaling a stronger stance against repeat or injurious abusers.

  3. The change could also impact plea bargaining and prosecutorial decisions. , as a higher-level felony charge might reduce the likelihood of lesser pleas and potentially result in more trials or longer negotiations.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Increase Penalties for Repeat Violators

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

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.

S1131Senate

Increase Repeat Protection Order Penalties

In Senate Committee · Codes · Sponsor Brian Benjamin

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3084

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

Introduced by M. of A. ORTIZ -- read once and referred 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 Assembly, do enact as follows:

Section 1. Section 215.52 of the penal law, as amended by chapter 350 of the laws of 2006, is amended to read as follows: § 215.52 Aggravated criminal contempt.

A person is guilty of aggravated criminal contempt when:

1. in violation 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, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued; or

2. he or she commits the crime of criminal contempt in the first degree as defined in subdivision (b) or (d) of section 215.51 of this article and has been previously convicted of the crime of aggravated criminal contempt; or

3. he or she commits the crime of criminal contempt in the first degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdivision (b) or subdivision (c) of section 215.51 of this article, and has been previously convicted of the crime of criminal contempt in the first degree, as defined in such subdivision (b), (c) or (d) of section 215.51 of this article, within the preceding five years.

Aggravated criminal contempt is a class [D] C felony.

§ 2. This act shall take effect on the first of November next succeeding 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

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.