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Governor Pataki Signs Legislation to Protect Crime Victims
Legislation increases penalties for those who repeatedly violate orders of protection
Governor Pataki has signed into law legislation to protect crime victims by increasing penalties for certain individuals who violate an order of protection.
The new law will increase the level of offense - to a class E felony - for those individuals who violate an order of protection after committing a previous felony violation of an order of protection in the past five years.
"While we have made great strides in better protecting victims of domestic abuse, this law will help provide even greater protection to individuals and families who suffer from this vicious crime," Governor Pataki said. "This tough new law will not only provide peace of mind to victims of domestic violence, it will also help to ensure that those who violate orders of protection receive the punishment that is deserved."
Under current law, a person who commits criminal contempt by violating an order of protection may only be charged with a class E felony under limited circumstances. Such charges can currently be brought based upon a prior criminal contempt conviction only if the previous conviction was for a misdemeanor level criminal contempt and such offense occurred within five years of the new offense. The law precluded the more serious felony level criminal contempt from being considered as a predicate offense for purposes of charging an offender with felony-level criminal contempt. However, the law did permit the lower level offense to act as a predicate for charging a felony for a subsequent violation of an order of protection.
The new law provides that the commission of a prior felony-level violation of an order of protection serves as a predicate for the enhanced penalty (a class E felony) for the subsequent offense of criminal contempt involving an order of protection. Under the class E felony charge, an individual could face a penalty of up to 4 years in state prison.
The law takes effect November 1, 2003.
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