S T A T E O F N E W Y O R K
________________________________________________________________________
5129
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
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 ASSEM-
BLY, 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
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07963-01-3