A 7623: Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.

  
  STATE OF NEW YORK ________________________________________________________________________ 7623 2025-2026 Regular Sessions  IN ASSEMBLY April 1, 2025 ___________ Introduced by M. of A. BEEPHAN -- read once and referred to the Commit- tee on Codes 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 215.50 of the penal law, as 2 amended by chapter 702 of the laws of 1972, is amended and a new subdi- 3 vision 8 is added to read as follows: 4 7. On or along a public street or sidewalk within a radius of two 5 hundred feet of any building established as a courthouse, [he] such 6 person calls aloud, shouts, holds or displays placards or signs contain- 7 ing written or printed matter, concerning the conduct of a trial being 8 held in such courthouse or the character of the court or jury engaged in 9 such trial or calling for or demanding any specified action or determi- 10 nation by such court or jury in connection with such trial[.]; or 11 8. Violates any terms or conditions of court ordered supervision, 12 either before or after a conviction, and such violation involves: 13 a. violating any curfew set by the court or supervising entity; 14 b. entering a location such person is prohibited from entering under 15 the terms of the supervision; 16 c. absconding from court ordered supervision; 17 d. possessing a firearm, destructive device or dangerous weapon; or 18 e. tampering with or destroying electronic monitoring equipment. 19 § 2. Subdivision (d) of section 215.51 of the penal law, as amended by 20 chapter 597 of the laws of 1998, is amended and a new subdivision (e) is 21 added to read as follows: 22 (d) in violation of a duly served order of protection, or such order 23 of which the defendant has actual knowledge because [he or she] the 24 defendant was present in court when such order was issued, or an order EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11244-01-5 
 A. 7623 2 1 issued by a court of competent jurisdiction in this or another state, 2 territorial or tribal jurisdiction, [he or she] the defendant inten- 3 tionally or recklessly damages the property of a person for whose 4 protection such order was issued in an amount exceeding two hundred 5 fifty dollars[.]; or 6 (e) the defendant commits the crime of criminal contempt in the second 7 degree as defined in subdivision eight of section 215.50 of this article 8 and has previously been convicted of the crime of aggravated criminal 9 contempt or criminal contempt in the first or second degree within the 10 preceding five years. 11 § 3. Subdivision 3 of section 205.10 of the penal law, as added by 12 chapter 118 of the laws of 1980, is amended and a new subdivision 4 is 13 added to read as follows: 14 3. Having been adjudicated a youthful offender, which finding was 15 substituted for the conviction of a felony, [he] such person escapes 16 from custody[.]; or 17 4. While under court ordered supervision involving electronic monitor- 18 ing, such person absconds from supervision while still in possession of 19 equipment for such electronic monitoring. 20 § 4. Paragraph (h) subdivision 4 section 510.10 of the criminal proce- 21 dure law, as amended by section 2 of part UU of chapter 56 of the laws 22 of 2020, is amended to read as follows: 23 (h) criminal contempt in the second degree as defined in subdivision 24 three or subdivision eight of section 215.50 of the penal law, criminal 25 contempt in the first degree as defined in subdivision (b), (c) [or], 26 (d), or (e) of section 215.51 of the penal law or aggravated criminal 27 contempt as defined in section 215.52 of the penal law[, and the under- 28 lying allegation of such charge of criminal contempt in the second 29 degree, criminal contempt in the first degree or aggravated criminal 30 contempt is that the defendant violated a duly served order of 31 protection where the protected party is a member of the defendant's same 32 family or household as defined in subdivision one of section 530.11 of 33 this title]; 34 § 5. Subparagraph (viii) of paragraph (b) of subdivision 1 of section 35 530.20 of the criminal procedure law, as amended by section 3 of part UU 36 of chapter 56 of the laws of 2020, is amended to read as follows: 37 (viii) criminal contempt in the second degree as defined in subdivi- 38 sion three or subdivision eight of section 215.50 of the penal law, 39 criminal contempt in the first degree as defined in subdivision (b), (c) 40 [or], (d), or (e) of section 215.51 of the penal law or aggravated crim- 41 inal contempt as defined in section 215.52 of the penal law[, and the 42 underlying allegation of such charge of criminal contempt in the second 43 degree, criminal contempt in the first degree or aggravated criminal 44 contempt is that the defendant violated a duly served order of 45 protection where the protected party is a member of the defendant's same 46 family or household as defined in subdivision one of section 530.11 of 47 this article]; 48 § 6. Paragraph (h) of subdivision 4 of section 530.40 of the criminal 49 procedure law, as amended by section 4 of part UU of chapter 56 of the 50 laws of 2020, is amended to read as follows: 51 (h) criminal contempt in the second degree as defined in subdivision 52 three or subdivision eight of section 215.50 of the penal law, criminal 53 contempt in the first degree as defined in subdivision (b), (c) [or], 54 (d), or (e) of section 215.51 of the penal law or aggravated criminal 55 contempt as defined in section 215.52 of the penal law [, and the under- 56 lying allegation of such charge of criminal contempt in the second 
 A. 7623 3 1 degree, criminal contempt in the first degree or aggravated criminal 2 contempt is that the defendant violated a duly served order of 3 protection where the protected party is a member of the defendant's same 4 family or household as defined in subdivision one of section 530.11 of 5 this article]; 6 § 7. Paragraph (c) of subdivision 4 of section 140.10 of the criminal 7 procedure law, as amended by chapter 4 of the laws of 1997, is amended 8 and a new paragraph (d) is added to read as follows: 9 (c) a misdemeanor constituting a family offense, as described in 10 subdivision one of section 530.11 of this chapter and section eight 11 hundred twelve of the family court act, has been committed by such 12 person against such family or household member, unless the victim 13 requests otherwise. The officer shall neither inquire as to whether the 14 victim seeks an arrest of such person nor threaten the arrest of any 15 person for the purpose of discouraging requests for police intervention. 16 Notwithstanding the foregoing, when an officer has reasonable cause to 17 believe that more than one family or household member has committed such 18 a misdemeanor, the officer is not required to arrest each such person. 19 In such circumstances, the officer shall attempt to identify and arrest 20 the primary physical aggressor after considering: (i) the comparative 21 extent of any injuries inflicted by and between the parties; (ii) wheth- 22 er any such person is threatening or has threatened future harm against 23 another party or another family or household member; (iii) whether any 24 such person has a prior history of domestic violence that the officer 25 can reasonably ascertain; and (iv) whether any such person acted defen- 26 sively to protect [himself or herself] themself from injury. The officer 27 shall evaluate each complaint separately to determine who is the primary 28 physical aggressor and shall not base the decision to arrest or not to 29 arrest on the willingness of a person to testify or otherwise partic- 30 ipate in a judicial proceeding[.]; or 31 (d) such person has committed the offense of criminal contempt in the 32 second degree, as defined in section 215.50 of the penal law, criminal 33 contempt in the first degree, as defined in section 215.51 of the penal 34 law, or aggravated criminal contempt, as defined in section 215.52 of 35 the penal law. 36 § 8. This act shall take effect immediately and shall apply to all 37 orders of protection regardless of when such orders were issued; 38 provided, however, that the amendments to subdivision 4 of section 39 140.10 of the criminal procedure law, made by section seven of this act, 40 shall not affect the repeal of such subdivision, and shall be deemed 41 repealed therewith.