Bill Text: NY A05431 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05431 Detail]

Download: New_York-2019-A05431-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5431
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     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    § 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