BILL NO S02728
SAME AS No same as
Amd S215.52, Pen L
Enhances the penalty for persons who violate orders of protection after having
been previously convicted of violating such orders.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
Introduced by Sen. ADAMS -- 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 enhancing the penalties
for violations 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. Section 215.52 of the penal law, as amended by chapter 350
2 of the laws of 2006, is amended to read as follows:
3 S 215.52 Aggravated criminal contempt.
4 A person is guilty of aggravated criminal contempt when:
5 1. in violation of a duly served order of protection, or such order of
6 which the defendant has actual knowledge because he or she was present
7 in court when such order was issued, or an order of protection issued by
8 a court of competent jurisdiction in another state, territorial or
9 tribal jurisdiction, he or she intentionally or recklessly causes phys-
10 ical injury or serious physical injury to a person for whose protection
11 such order was issued; or
12 2. he or she commits the crime of criminal contempt in the first
13 degree as defined in subdivision (b) or (d) of section 215.51 of this
14 article and has been previously convicted of the crime of aggravated
15 criminal contempt; or
16 3. he or she commits the crime of criminal contempt in the first
17 degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdi-
18 vision (b) or subdivision (c) of section 215.51 of this article, and has
19 been previously convicted of the crime of criminal contempt in the first
20 degree, as defined in such subdivision (b), (c) or (d) of section 215.51
21 of this article, within the preceding five years.
22 Aggravated criminal contempt is a class [D] C felony.
23 S 2. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.