Bill Text: NY S03163 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the crime of persistent criminal contempt.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S03163 Detail]

Download: New_York-2015-S03163-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3163
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       Introduced  by Sen. STAVISKY -- 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  persistent
         criminal contempt
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section  60.15  to
    2  read as follows:
    3  S 60.15 AUTHORIZED DISPOSITIONS; PERSISTENT CRIMINAL CONTEMPT.
    4    1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
    5  SENTENCED UPON A CONVICTION OF, OR UPON A YOUTHFUL OFFENDER ADJUDICATION
    6  FOR, THE CRIME OF PERSISTENT CRIMINAL CONTEMPT  AS  DEFINED  IN  SECTION
    7  215.47  OF  THIS  CHAPTER,  THE  COURT  SHALL  SENTENCE THE DEFENDANT TO
    8  EITHER:
    9    (A) A DEFINITE SENTENCE OF IMPRISONMENT, THE TERM OF WHICH SHALL BE AT
   10  LEAST SIXTY DAYS AND SHALL NOT EXCEED ONE YEAR; OR
   11    (B) A SENTENCE OF PROBATION AND IMPRISONMENT IN  ACCORDANCE  WITH  THE
   12  PROVISIONS  OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS
   13  ARTICLE APPLICABLE TO MISDEMEANOR CONVICTIONS; PROVIDED,  HOWEVER,  THAT
   14  THE  TERM  OF IMPRISONMENT IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE
   15  SIXTY DAYS. THE COURT SHALL REQUIRE, AS A CONDITION OF ANY  SENTENCE  OF
   16  PROBATION  IMPOSED PURSUANT TO THIS PARAGRAPH, THAT THE DEFENDANT SUBMIT
   17  TO ELECTRONIC MONITORING IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVI-
   18  SION FOUR OF SECTION 65.10 OF THIS TITLE.
   19    2.  THE  RELEVANT PROVISIONS OF SECTION 60.27 OF THIS ARTICLE RELATING
   20  TO RESTITUTION AND REPARATION, AND THE RELEVANT  PROVISIONS  OF  SECTION
   21  60.35  OF  THIS  ARTICLE  RELATING  TO  THE  IMPOSITION  OF  A MANDATORY
   22  SURCHARGE, CRIME VICTIM ASSISTANCE FEE  AND  OTHER  APPLICABLE  FEES  OR
   23  SURCHARGES,  SHALL  ALSO  APPLY TO ANY SENTENCE IMPOSED PURSUANT TO THIS
   24  SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04953-01-5
       S. 3163                             2
    1    S 2. The penal law is amended by adding a new section 215.47  to  read
    2  as follows:
    3  S 215.47 PERSISTENT CRIMINAL CONTEMPT.
    4    A  PERSON  IS  GUILTY  OF  PERSISTENT CRIMINAL CONTEMPT WHEN HE OR SHE
    5  COMMITS THE CRIME OF CRIMINAL CONTEMPT IN THE SECOND DEGREE  AS  DEFINED
    6  IN SUBDIVISION THREE OF SECTION 215.50 OF THIS ARTICLE BY VIOLATING THAT
    7  PART  OF  A  DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE
    8  DEFENDANT HAS ACTUAL KNOWLEDGE BECAUSE HE OR SHE WAS  PRESENT  IN  COURT
    9  WHEN  SUCH  ORDER  WAS  ISSUED, UNDER SECTIONS TWO HUNDRED FORTY AND TWO
   10  HUNDRED FIFTY-TWO OF THE DOMESTIC RELATIONS LAW,  ARTICLES  FOUR,  FIVE,
   11  SIX AND EIGHT OF THE FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF THE
   12  CRIMINAL  PROCEDURE  LAW, OR AN ORDER OF PROTECTION ISSUED BY A COURT OF
   13  COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL JURISDIC-
   14  TION AND WHERE THE DEFENDANT HAS EITHER:
   15    (A) PREVIOUSLY BEEN CONVICTED OF THE CRIME OF: (I) AGGRAVATED CRIMINAL
   16  CONTEMPT AS DEFINED IN SECTION 215.52 OF  THIS  ARTICLE,  (II)  CRIMINAL
   17  CONTEMPT  IN THE FIRST DEGREE AS DEFINED IN SECTION 215.51 OF THIS ARTI-
   18  CLE, (III) CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVI-
   19  SION THREE OF SECTION 215.50 OF THIS ARTICLE FOR VIOLATING THAT PART  OF
   20  A  DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE DEFENDANT
   21  HAD ACTUAL KNOWLEDGE BECAUSE HE OR SHE WAS PRESENT IN  COURT  WHEN  SUCH
   22  ORDER  WAS  ISSUED,  UNDER  SECTIONS  TWO  HUNDRED FORTY AND TWO HUNDRED
   23  FIFTY-TWO OF THE DOMESTIC RELATIONS LAW, ARTICLES FOUR,  FIVE,  SIX  AND
   24  EIGHT  OF THE FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF THE CRIMI-
   25  NAL PROCEDURE LAW, OR AN ORDER OF PROTECTION ISSUED BY A COURT OF COMPE-
   26  TENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL  JURISDICTION,
   27  OR (IV) PERSISTENT CRIMINAL CONTEMPT AS DEFINED BY THIS SECTION; OR
   28    (B)  PREVIOUSLY  BEEN  FOUND BY ANY COURT OF COMPETENT JURISDICTION TO
   29  HAVE WILLFULLY OR INTENTIONALLY  VIOLATED  AN  ORDER  OF  PROTECTION  OR
   30  TEMPORARY   ORDER  OF  PROTECTION  IN  ACCORDANCE  WITH  THE  APPLICABLE
   31  PROVISIONS OF THE JUDICIARY LAW, DOMESTIC RELATIONS LAW OR FAMILY  COURT
   32  ACT.
   33    PERSISTENT CRIMINAL CONTEMPT IS A CLASS A MISDEMEANOR.
   34    S 3. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.