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
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.
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.
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.
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
No co-sponsors yet.
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.
Increase Repeat Protection Order Penalties
In Senate Committee · Codes · Sponsor Brian Benjamin
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.