Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7623
SPONSOR: Beephan TITLE OF BILL:
An act to amend the penal law, in relation to criminal contempt and
escape; and to amend the criminal procedure law, in relation to arrest
and securing orders for persons charged with certain contempt offenses
PURPOSE OR GENERAL IDEA OF BILL:
To enhance penalties for violations of terms or conditions of court
ordered supervision.
SUMMARY OF PROVISIONS:
Section 1: Amends the penal law to expand the definition of criminal
contempt in the second degree to include provisions relating to violat-
ing court ordered supervision, either before or after conviction, which
includes violating curfew, entering a location such person is prohibited
from entering under the terms of such supervision, absconding from court
ordered supervision, possessing a firearm, destructive device or danger-
ous weapon, or tampering with or destroying electronic monitoring equip-
ment.
Section 2: Amends the penal law to expand the definition of criminal
contempt in the first degree to include violationS pursuant to section 1
of this act in cases where the defendant has previously been, convicting
of the crime of aggravated criminal contempt or criminal contempt in the
first or second degree within the preceding five year.
Section 3: Amends the penal law to expand the definition of escape in
the second degree to include absconding from supervision while under
court ordered supervision involving electronic monitoring and while
still in possession of equipment for such electronic monitoring.
Section 4: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2 of this act eligible for securing orders.
Section 5: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2' of this act eligible for securing order for local
criminal courts.
Section 6: Amends the criminal procedure law to make crimes pursuant to
sections 1 and 2 of this act eligible for orders of recognizance,
release under non-monetary conditions or bail for superior courts.
Section 7: Amends the criminal procedure law to add the contempt
offenses pursuant to this act to the list of mandatory arrest offenses.
Section 8: Provides the effective date.
JUSTIFICATION:
Melanie Chianese, a resident of Wappinger, NY, was a loving mother to
her son, and was working toward her degree in alcohol and substance
abuse counseling when her life was tragically taken by her mother's
ex-boyfriend after he violated the terms of his court ordered supervised
release. Such tragedies are devastating to families, loved ones and
communities as a whole, and they also jeopardize the confidence victims
or other witnesses may have that they can safely come forward against
their abusers in their own life.
This legislation aims to deter violations and help protect victims and
witnesses by ensuring violations of court ordered supervision will be
taken seriously by expanding the definitions of criminal contempt in the
second and first degrees to include violations of court ordered supervi-
sion-including violating curfew, entering a location such person is
prohibited from entering under the terms of such supervision, absconding
from court ordered supervision, possessing a firearm, destructive device
or dangerous weapon, or tampering with or destroying electronic monitor-
ing equipment-and repeated violations of supervision, respectively.
Furthermore, this legislation would add these offenses to the list of
bail eligible and mandatory arrest offenses, and would make it a crime
to abscond while under supervision involving electronic monitoring.
It is essential that the terms of court ordered supervision are strictly
followed and enforced, and that violations are met with expeditious and
significant consequences. Any violation of such supervision must be
taken seriously, and it is critical that these violations are addressed
before an offender has the opportunity to cause more harm. Violations of
supervised release puts lives at significant risk, as was tragically the
case for Melanie. It is incumbent upon the state to take steps necessary
to strengthen our laws to better protect victims and save lives.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD,
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all orders of
protection regardless of when such orders were issued; provided, howev-
er, that the. amendments to subdivision 4 of section 140.10 of the crim-
inal procedure law, made by section seven of this act, shall not affect
the repeal of such subdivision, and shall be deemed repealed therewith.
