Senate Bill S2647

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2647 (ACTIVE) - Details

See Assembly Version of this Bill:
A8003
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.52, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3686
2013-2014: S2728, S6135
2015-2016: S4351
2017-2018: S2657
2019-2020: S1131
2021-2022: S1213

2009-S2647 (ACTIVE) - Summary

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

2009-S2647 (ACTIVE) - Sponsor Memo

2009-S2647 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2647

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by Sens. ADAMS, C. JOHNSON, MONSERRATE, PARKER -- 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 ASSEM-
BLY, 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:
S 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 phys-
ical 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 subdi-
vision (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.
  S 2. This act shall take effect on the first of November next succeed-
ing 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.
                                                           LBD04989-01-9

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