Bill Text: NY A05129 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5129 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05129 Detail]

Download: New_York-2013-A05129-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5129
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2013
                                      ___________
       Introduced  by M. of A. MAGEE -- 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:
    1    Section 1. Subdivision (c) of section 215.51  of  the  penal  law,  as
    2  amended  by  chapter  349  of  the  laws  of 2006, is amended to read as
    3  follows:
    4    (c) he or she commits the crime of criminal  contempt  in  the  second
    5  degree as defined in subdivision three of section 215.50 of this article
    6  by  violating  that  part  of a duly served order of protection, or such
    7  order of which the defendant has actual knowledge because he or she  was
    8  present  in court when such order was issued, under sections two hundred
    9  forty and two hundred fifty-two of the domestic relations law,  articles
   10  four, five, six and eight of the family court act and [section] SECTIONS
   11  530.12  AND  530.13  of  the  criminal  procedure  law,  or  an order of
   12  protection issued by a court of competent jurisdiction in another state,
   13  territorial or tribal jurisdiction, which  requires  the  respondent  or
   14  defendant  to  stay  away from the person or persons on whose behalf the
   15  order was issued, and where the defendant has been previously  convicted
   16  of the crime of aggravated criminal contempt or criminal contempt in the
   17  first or second degree for violating an order of protection as described
   18  herein within the preceding five years; or
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07963-01-3