Bill Text: NY A03572 | 2015-2016 | General Assembly | Introduced
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 [A03572 Detail]
Download: New_York-2015-A03572-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3572 2015-2016 Regular Sessions I N A S S E M B L Y January 27, 2015 ___________ Introduced by M. of A. SIMANOWITZ -- read once and referred 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 A. 3572 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.