NY State Senate Bill 2025-S6836

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2025	referred to codes

2025-S6836 (ACTIVE) - Details

See Assembly Version of this Bill:: A7622
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§215.52 & 70.25, Pen L

2025-S6836 (ACTIVE) - Summary

Requires certain sentences for aggravated criminal contempt to be served consecutively.

2025-S6836 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6836

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the penal law, in relation to the crime of aggravated
criminal contempt

 
PURPOSE:

To require certain sentences for aggravated criminal contempt to be
served consecutively.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law to expand the definition of aggravated
criminal contempt to include cases where an individual in a correctional
facility or local correctional facility commits criminal contempt in the
second degree in relation to disobeying or resisting the lawful process
or other mandate of a court.

Section 2: Amends the penal law to provide that when a person is

convicted of aggravated criminal contempt in relation to the provisions
added in section 1 of this act, after arraignment but prior to the impo-
sition of sentence on a pending felony charge, and if an indeterminate
or determinate sentence of imprisonment is imposed in each case, such
sentences shall run consecutively

Section 3: Provides the effective date.

 
JUSTIFICATION:

Orders of protection are a critical component of public safety and our
criminal justice system as a whole. It is essential that victims and
witnesses are not subjected to intimidation, harassment, or especially
violence. Any failure or inability to enforce such orders jeopardizes
the confidence that a victim or other witness may have that they can
come forward safely, and so it is necessary that the State treat any
violation of these orders with the severity such violations warrant.

Situations involving domestic violence and orders of protection unfortu-
nately can carry tragic consequences when these orders are ignored. If
an individual is willing to violate an order of protection while in
custody, it is disturbing to consider what they may do once they are no
longer in custody if such a violation is not met with significant conse-
quences.

This legislation is inspired by the case of Melanie Chianese, a victim
of domestic violence who was senselessly murdered by her mother's inti-
mate partner. In the wake of the tragedy, despite being incarcerated,
the perpetrator has found a number of ways to continue to harass the
victim's mother via phone, letters, and Internet communication, despite
an order of protection being in place. This bill seeks to deter behavior
of this nature and prioritize the safety of victims and witnesses by
requiring that, in cases where an individual violates an order of the
court, such as an order of protection, and does so while in a correc-
tional facility and awaiting sentencing on a pending felony charge, then
any sentence for such violation and felony charge shall be served
consecutively.
 
LEGISLATIVE HISTORY:

S9543 of 2022: Referred to Rules.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6836 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6836
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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 the  crime  of  aggravated
   criminal contempt
 
   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] THE DEFEND-
 ANT  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]  THE  DEFENDANT  inten-
 tionally or recklessly causes physical injury or serious physical injury
 to a person for whose protection such order was issued; or
   2. [he or she] THE DEFENDANT 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 aggra-
 vated criminal contempt; or
   3. [he or she] THE DEFENDANT 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; OR
   4.  THE DEFENDANT COMMITS THE CRIME OF CRIMINAL CONTEMPT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 215.50 OF THIS ARTICLE
 WHILE CONFINED IN A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL  FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11242-01-5
 S. 6836                             2

 
 TY,  AS  DEFINED IN SUBDIVISION THREE OF SECTION FORTY OF THE CORRECTION
 LAW.
   Aggravated criminal contempt is a class D felony.
   §  2. Section 70.25 of the penal law is amended by adding a new subdi-
 vision 2-h to read as follows:
   2-H. WHEN A PERSON IS CONVICTED OF  AGGRAVATED  CRIMINAL  CONTEMPT  IN
 VIOLATION OF SUBDIVISION FOUR OF SECTION 215.52 OF THIS CHAPTER, COMMIT-
 TED AFTER ARRAIGNMENT BUT PRIOR TO THE IMPOSITION OF SENTENCE ON A PEND-
 ING  FELONY  CHARGE,  AND IF AN INDETERMINATE OR DETERMINATE SENTENCE OF
 IMPRISONMENT IS IMPOSED IN EACH CASE, SUCH SENTENCES SHALL  RUN  CONSEC-
 UTIVELY.
   § 3. This act shall take effect immediately.

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Senate Bill S6836

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2025-S6836 (ACTIVE) - Details

2025-S6836 (ACTIVE) - Summary

2025-S6836 (ACTIVE) - Sponsor Memo

2025-S6836 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6836

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Sponsored By

Rob Rolison

Current Bill Status - In Senate Committee Codes Committee

2025-S6836 (ACTIVE) - Details

2025-S6836 (ACTIVE) - Summary

2025-S6836 (ACTIVE) - Sponsor Memo

2025-S6836 (ACTIVE) - Bill Text download pdf

Comments