Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.
Summary
This bill expands New York’s criminal contempt and escape laws and makes related changes to arrest and pretrial release rules. It adds a new form of criminal contempt in the second degree for people who violate court-ordered supervision in specified ways, including violating curfew, entering prohibited locations, absconding, possessing a firearm or dangerous weapon, or tampering with electronic monitoring equipment. It also adds a new escape offense for a person under electronic monitoring who absconds while still in possession of the monitoring equipment.
The bill further amends criminal procedure provisions so that certain contempt offenses, including the newly added contempt offense, are eligible for arrest and for bail or remand treatment under the state’s pretrial release statutes. It also updates arrest rules for family offense misdemeanors to include criminal contempt offenses as arrestable conduct, and it removes prior limiting language that tied some contempt-related provisions to family or household orders of protection. The bill applies these changes to orders of protection regardless of when they were issued.
Impact
The bill would amend multiple sections of the Penal Law and Criminal Procedure Law, broadening the scope of criminal contempt, escape, and arrest authority in New York. It creates new criminal liability for violations of court-ordered supervision and for absconding from electronic monitoring, and it makes those offenses relevant to bail/remand determinations and arrest procedures. The changes would affect defendants under supervision, people subject to orders of protection, law enforcement officers making domestic violence-related arrests, and courts deciding pretrial release conditions.
Sentiment
Based on the bill text and caption, the measure appears to be framed as a public safety and enforcement bill, with an emphasis on strengthening consequences for violating court orders and supervision conditions. There is no recorded committee transcript or vote history provided, so no direct evidence of support or opposition is available from the supplied materials. The drafting suggests a policy preference for stricter enforcement rather than a compromise approach.
Contention
The main points of contention likely concern the expansion of criminal contempt and the increased use of arrest, bail, or remand for conduct tied to supervision violations and protective orders. Critics may view the bill as broadening criminal penalties and pretrial detention exposure, especially by adding absconding from electronic monitoring and certain supervision violations as contempt or escape offenses. Supporters would likely argue that the bill closes enforcement gaps, improves compliance with court orders, and better protects victims of domestic violence and others covered by orders of protection.
Same As
Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.
Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.
Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judge's discretion for such an action; limits the total period of adjournment to 90 days.
Relates to increasing possible periods of reincarceration for absconding and the consideration via judicial discretion of reincarceration and possible periods of reincarceration for certain technical violations.
Provides that persons charged with a parking violation shall be able to make an electronic court appearance unless a locality elects not to permit electronic appearances.
Provides that persons charged with a parking violation shall be able to make an electronic court appearance unless a locality elects not to permit electronic appearances.
Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log; defines web log as a website or webpage that contains an online journal containing news, comments and offers hyperlinks provided by the writer.