Assembly Bill A3084

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A3084 (ACTIVE) - Details

See Senate Version of this Bill:
S1131
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.52, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2647
2011-2012: S3686
2013-2014: S2728, S6135
2015-2016: A8270, S4351
2017-2018: A4621, S2657
2021-2022: S1213

2019-A3084 (ACTIVE) - Summary

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

2019-A3084 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3084
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 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:
 § 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.
   § 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.
                                                            LBD06083-01-9

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