Criminal Justice (Domestic Violence)

This bill requires courts to impose a minimum 30-day jail sentence for individuals who repeatedly violate orders of protection issued to prevent family violence. It specifically applies when a person has been found to violate such an order more than once, and those violations involved committing a "family offense" as defined by New York law (such as assault or menacing). The law amends multiple statutes to mandate this minimum sentence upon repeated violations, replacing prior judicial discretion in these cases. It directly affects individuals convicted of repeated, willful breaches of court-issued protection orders related to family violence. The bill does not change penalties for first-time violations or non-violent breaches.

This bill (S 6836) requires that sentences for aggravated criminal contempt be served consecutively when the offense occurs while a person is awaiting sentencing on another felony charge. It specifically applies to individuals convicted of aggravated criminal contempt - such as violating protection orders, having prior contempt convictions, or committing contempt while in custody - while facing a separate felony case. The key change mandates that if imprisonment is ordered for both offenses, the sentences must run one after the other, not concurrently. This affects defendants in criminal contempt cases who also have pending felony charges, altering how their prison terms are structured.

This bill creates a new offense called "aggravated criminal concealment of identity" for individuals who commit certain serious crimes while wearing a mask or face covering. It directly affects people committing listed offenses like assault, stalking, sexual abuse, kidnapping, robbery, or terrorism-related crimes while concealing their identity. The key mechanism is automatic sentencing enhancement: if the underlying crime is a violent felony, this new offense is treated as a violent felony; for other crimes, it elevates the offense category. Minimum sentences are specified, such as at least six years for indeterminate sentences when the underlying crime is a class B felony.

This bill amends New York's bail laws to include drug offenses, domestic violence crimes, and offenses causing death or serious physical injury as "qualifying offenses" that may trigger stricter bail conditions. It directly affects defendants charged with these specific crimes, requiring courts to consider them when deciding whether to release someone on their own recognizance, set bail, or impose custody. Key provisions add new categories to existing bail rules, including "aggravated family offenses" (covering domestic violence) and class B-D felonies under Article 220 of the Penal Law. The law maintains existing exceptions, such as releasing defendants for negligible property theft not linked to broader criminal activity.