2006 New York Code - Punishment For Criminal Contempts.

 
    §  751.  Punishment  for  criminal contempts. 1. Except as provided in
  subdivisions (2), (3) and (4), punishment for a contempt,  specified  in
  section  seven hundred fifty, may be by fine, not exceeding one thousand
  dollars, or by imprisonment, not exceeding thirty days, in the  jail  of
  the county where the court is sitting, or both, in the discretion of the
  court.  Where  the punishment for contempt is based on a violation of an
  order of protection  issued  under  section  530.12  or  530.13  of  the
  criminal  procedure  law,  imprisonment  may be for a term not exceeding
  three months. Where a person is committed to jail, for the nonpayment of
  a fine, imposed under  this  section,  he  must  be  discharged  at  the
  expiration of thirty days; but where he is also committed for a definite
  time,  the  thirty  days  must  be  computed  from the expiration of the
  definite time.
    Such a contempt, committed in the immediate view and presence  of  the
  court,  may  be  punished  summarily;  when  not so committed, the party
  charged must be notified of the accusation, and have a  reasonable  time
  to make a defense.
    2.  * (a)  Where  an  employee organization, as defined in section two
  hundred one of the civil service law, wilfully disobeys a lawful mandate
  of a court of record, or  wilfully  offers  resistance  to  such  lawful
  mandate,  in a case involving or growing out of a strike in violation of
  subdivision one of section two hundred ten of the civil service law, the
  punishment for each day that such contempt persists may  be  by  a  fine
  fixed in the discretion of the court. In the case of a government exempt
  from  certain  provisions  of article fourteen of the civil service law,
  pursuant to section two hundred twelve of such law, the court may, as an
  additional punishment for such contempt, order forfeiture of the  rights
  granted  pursuant to the provisions of paragraph (b) of subdivision one,
  and subdivision three of section two hundred eight of such law, for such
  specified period of time, as  the  court  shall  determine  or,  in  the
  discretion  of  the  court,  for an indefinite period of time subject to
  restoration upon application, with notice  to  all  interested  parties,
  supported  by  proof  of  good faith compliance with the requirements of
  subdivision one of section two hundred ten  of  the  civil  service  law
  since  the  date  of such violation, such proof to include, for example,
  the successful negotiation, without a violation of  subdivision  one  of
  section two hundred ten of the civil service law, of a contract covering
  the employees in the unit affected by such violation; provided, however,
  that where a fine imposed pursuant to this subdivision remains wholly or
  partly  unpaid,  after  the exhaustion of the cash and securities of the
  employee organization, such forfeiture shall be suspended to the  extent
  necessary  for  the unpaid portion of such fine to be accumulated by the
  public employer and transmitted to the court. In fixing  the  amount  of
  the fine and/or duration of the forfeiture, the court shall consider all
  the facts and circumstances directly related to the contempt, including,
  but  not  limited  to:  (i)  the  extent  of the wilful defiance of or a
  resistance to the court's mandate (ii) the impact of the strike  on  the
  public  health,  safety,  and  welfare  of  the  community and (iii) the
  ability of the employee organization to pay the fine  imposed;  and  the
  court  may  consider (i) the refusal of the employee organization or the
  appropriate public employer, as defined in section two  hundred  one  of
  the  civil service law, or the representatives thereof, to submit to the
  mediation and fact-finding procedures provided in  section  two  hundred
  nine  of  the  civil  service law and (ii) whether, if so alleged by the
  employee  organization,  the  appropriate   public   employer   or   its
  representatives  engaged  in  such  acts  of  extreme  provocation as to
  detract from the responsibility of the  employee  organization  for  the
  strike.  In  determining the ability of the employee organization to pay
  the fine imposed, the court shall  consider  both  the  income  and  the
  assets of such employee organization.
    * NB Effective until October 1, 2007
    * (a)  Where  an  employee  organization,  as  defined  in section two
  hundred one of the civil service law, wilfully disobeys a lawful mandate
  of a court of record, or  wilfully  offers  resistance  to  such  lawful
  mandate,  in a case involving or growing out of a strike in violation of
  subdivision one of section two hundred ten of the civil service law, the
  punishment for each day that such contempt persists may  be  by  a  fine
  fixed in the discretion of the court. In the case of a government exempt
  from  certain  provisions  of article fourteen of the civil service law,
  pursuant to section two hundred twelve of such law, the court may, as an
  additional punishment for such contempt, order forfeiture of the  rights
  granted  pursuant  to the provisions of paragraph (b) of subdivision one
  of section two hundred eight of such law, for such specified  period  of
  time,  as  the court shall determine or, in the discretion of the court,
  for  an  indefinite  period  of  time  subject   to   restoration   upon
  application,  with  notice to all interested parties, supported by proof
  of good faith compliance with the requirements  of  subdivision  one  of
  section  two hundred ten of the civil service law since the date of such
  violation,  such  proof  to  include,  for   example,   the   successful
  negotiation,  without  a  violation  of  subdivision  one of section two
  hundred ten of the  civil  service  law,  of  a  contract  covering  the
  employees  in  the  unit  affected by such violation; provided, however,
  that where a fine imposed pursuant to this subdivision remains wholly or
  partly unpaid, after the exhaustion of the cash and  securities  of  the
  employee  organization, such forfeiture shall be suspended to the extent
  necessary for the unpaid portion of such fine to be accumulated  by  the
  public  employer  and  transmitted to the court. In fixing the amount of
  the fine and/or duration of the forfeiture, the court shall consider all
  the facts and circumstances directly related to the contempt, including,
  but not limited to: (i) the extent  of  the  wilful  defiance  of  or  a
  resistance  to  the court's mandate (ii) the impact of the strike on the
  public health, safety, and  welfare  of  the  community  and  (iii)  the
  ability  of  the  employee organization to pay the fine imposed; and the
  court may consider (i) the refusal of the employee organization  or  the
  appropriate  public  employer,  as defined in section two hundred one of
  the civil service law, or the representatives thereof, to submit to  the
  mediation  and  fact-finding  procedures provided in section two hundred
  nine of the civil service law and (ii) whether, if  so  alleged  by  the
  employee   organization,   the   appropriate   public  employer  or  its
  representatives engaged in  such  acts  of  extreme  provocation  as  to
  detract  from  the  responsibility  of the employee organization for the
  strike. In determining the ability of the employee organization  to  pay
  the  fine  imposed,  the  court  shall  consider both the income and the
  assets of such employee organization.
    * NB Effective October 1, 2007
    * (b) In the event membership dues and sums  equivalent  to  dues  are
  collected  by  the public employer as provided respectively in paragraph
  (b) of subdivision one and subdivision  three  of  section  two  hundred
  eight  of  the  civil  service law, the books and records of such public
  employer shall be prima facie evidence of the amount so collected.
    * NB Effective until October 1, 2007
    * (b) In the  event  membership  dues  are  collected  by  the  public
  employer  as provided in paragraph (b) of subdivision one of section two
  hundred eight of the civil service law, the books and  records  of  such
  public  employer  shall  be  prima  facie  evidence  of  the  amount  so
  collected.
    * NB Effective October 1, 2007
    (c)  (i)  An  employee organization appealing an adjudication and fine
  for criminal contempt  imposed  pursuant  to  subdivision  two  of  this
  section,  shall  not  be  required to pay such fine until such appeal is
  finally determined.
    (ii) The court to which such an appeal is taken shall,  on  motion  of
  any party thereto, grant a preference in the hearing thereof.
    3. (a) Where a union or hospital wilfully disobeys a lawful mandate of
  a court of record, or wilfully offers resistance to such lawful mandate,
  in  a  case  involving  or  growing  out of a violation of section seven
  hundred thirteen of the labor law, the punishment for each day that such
  contempt persists may be by a fine fixed in the discretion of the court.
  In fixing the amount of such fine, the  court  shall  consider  all  the
  facts and circumstances directly related to the contempt, including, but
  not  limited to: (i) the extent of the wilful defiance of, or resistance
  to, the court's mandate (ii) the impact of the strike or lockout on  the
  public health, safety and welfare of the community and (iii) the ability
  of  the  union  or  hospital  to pay the fine imposed; and the court may
  consider  (i)  the  refusal  of  the   union   or   hospital,   or   the
  representatives  thereof,  to submit to or comply with, the fact-finding
  and arbitration procedures provided in section seven hundred sixteen  of
  the  labor  law.  In determining the ability of the union or hospital to
  pay the fine imposed, the court shall consider both the income  and  the
  assets of such union or hospital.
    (b)  A  union  or  hospital  appealing  an  adjudication  and fine for
  criminal contempt imposed pursuant to this  subdivision,  shall  not  be
  required  to  pay such fine until such appeal is finally determined. The
  court to which such an appeal is taken shall, on  motion  of  any  party
  thereto, grant a preference in the hearing thereof.
    (c)  As  used  in  this  subdivision,  "union"  shall  mean  any labor
  organization or company union as defined in section seven hundred one of
  the labor law, and "hospital" shall mean any non-profit-making  hospital
  or residential care center as defined in that section.
    4.  Where any person wilfully disobeys a lawful mandate of the supreme
  court issued pursuant to subdivision twelve of  section  sixty-three  of
  the  executive  law,  the  punishment  for  each  day that such contempt
  persists may be by a fine fixed in the discretion of the court, but  not
  to  exceed  five  thousand  dollars per day. In fixing the amount of the
  fine, the court shall consider all the facts and circumstances  directly
  related  to  the contempt, including, but not limited to: (i) the extent
  of the wilful defiance of or resistance to the court's mandate, (ii) the
  amount of gain obtained by the wilful disobedience of the  mandate,  and
  (iii) the effect upon the public of the wilful disobedience.
    5. Where any member of the news media as defined in subdivision two of
  section  two  hundred  eighteen  of  this  chapter, willfully disobeys a
  lawful  mandate  of  a  court  issued  pursuant  to  such  section,  the
  punishment  for  each  day  that such contempt persists may be by a fine
  fixed in the discretion of the court, but not to  exceed  five  thousand
  dollars  per day or imprisonment, not exceeding thirty days, in the jail
  of the county where the court is sitting or both, in the  discretion  of
  the  court.  In  fixing the amount of the fine, the court shall consider
  all the facts  and  circumstances  directly  related  to  the  contempt,
  including, but not limited to: (i) the extent of the willful defiance of
  or  resistance  to the court's mandate, (ii) the amount of gain obtained
  by the willful disobedience of the mandate, and (iii)  the  effect  upon
  the   public   and   the  parties  to  the  proceeding  of  the  willful
  disobedience.