Assembly Bill A5431

2019-2020 Legislative Session

Enhances penalties for violating certain orders of protection

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-A5431 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §215.51, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5129
2015-2016: A1400
2017-2018: A4103
2021-2022: A4096

2019-A5431 (ACTIVE) - Summary

Enhances penalties for violating orders of protection issued against non-family members.

2019-A5431 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5431
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. SALKA -- 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
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09407-01-9

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