What's happening
This bill increases the penalty for aggravated criminal contempt involving violations of orders of protection from a class D to a class C felony.
Why it matters
Raising the penalty from a class D to a class C felony means those convicted of aggravated criminal contempt related to orders of protection could face significantly longer prison sentences and higher fines, making the consequences more severe.
This change signals a stronger stance by New York State against violations of orders of protection, particularly where there is physical harm or repeat offending, which could serve as a greater deterrent to would-be violators.
Victims of domestic violence and those under court protection may feel greater reassurance and support from the legal system, as the law is giving more weight to the seriousness of violations that endanger their safety.
By emphasizing harsher penalties for repeat offenders or cases involving injury, the law aims to address ongoing safety risks and reduce recidivism among people who repeatedly disregard court-ordered protections.
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Who cares
Headline styles
Increase Repeat Protection Order Penalties
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 Penalties for Repeat Violators
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1131
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to enhancing the penalties for violations of orders of protection
Purpose
The purpose of this bill is to enhance the penalty for people who violate orders of protection after having been previously convicted of violating such orders.
Summary of provisions
This bill amends Section 1, § 215.52 of New York State Penal Law by adding chapter 350 of the laws of 2006. The bill would state that he/she who commits the crime of criminal contempt in the first degree as defined in subdivision (b) or (d) of § 215.51 of this article and has been previously convicted of the crime of aggravated criminal contempt would be charge with a class C felony.
Justification
Orders-of protection are not taken very seriously as they presently stand in New York State. We must amplify the penalty for violating an order of protection with a higher charge for committing such a crime. People are not being deterred from the consequences of what will happen if they violate an order of protection. It is only when extreme cases happen that these orders of protection are taken seriously or even looked at. This is the main reason we should raise the penalties against offenders of orders of protection so that these violators could be deterred from committing these crimes. The guidelines for orders of protection should be taken very seriously so that we would not notice a crime against an order of protection only when extreme cases happen.
Legislative history
2017-18: S.2657/A.4621 2015-16: S.4315/A.8270 2013-14: S.2728 2011-12: S.3686
Fiscal implications
None
Local fiscal implications
None
Effective date
On the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.