NY State Senate Bill 2009-S7326

Senate Bill S7326

2009-2010 Legislative Session

Establishes domestic abuse offenses for the harassment or assault of a member of the same family or household

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2010	referred to codes

co-Sponsors

2009-S7326 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§120.75, 120.80 & 120.85, Pen L; add Art 217 §217.00, CP L
Versions Introduced in 2011-2012 Legislative Session:: S2180

2009-S7326 (ACTIVE) - Summary

Establishes domestic abuse offenses for the harassment or assault of a member of the same family or household; authorizes a court to defer sentencing of a defendant who pleas guilty to a felony domestic abuse offense, for the purpose receiving and completing appropriate treatment.

2009-S7326 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7326

 TITLE OF BILL :

An act to amend the penal law, in relation to establishing domestic
abuse offenses; and to amend the criminal procedure law, in relation
to authorizing deferral of sentencing upon a plea of guilty of a
domestic abuse felony offense

 PURPOSE :

The subject bill adds three new crimes to the penal law to create the
crimes of Domestic Abuse in the First Degree (P.L. §120.85), Domestic
Abuse in the Second Degree (P.L. §120.80), and Domestic Abuse in the
Third Degree (P.L. § 120.75). Also adds a new article 217 to the
criminal procedure law to permit a court to defer a domestic abuse
defendant's sentence for purpose of permitting the defendant to
participate in a court-approved domestic violence or other related
program.

 SUMMARY OF PROVISIONS :

The penal law is amended by adding a new section 120.75, which creates
the class B misdemeanor of Domestic Abuse in the Third Degree, a new
section 120.80, which creates the class A misdemeanor of Domestic
Abuse in the Second Degree; and a new section 120.85, which creates a

class E felony of Domestic Abuse in the First Degree. The criminal
procedure law is amended by adding a new article 217, which provides
for deferral of sentencing in felony domestic abuse cases.

 JUSTIFICATION :

Currently, police are not permitted to effectuate an arrest in
domestic situations where the victim has been subjected to a course of
continual harassment or physical contact which did not impair physical
condition or cause substantial pain unless the physical contact
occurred in the presence of the police. By elevating physical contact
between those in a domestic relationship from a violation to a crime,
the police will be mandated to make an arrest. Typically, such
offenses occur out of the presence of police, thus preventing them
from making an arrest under current law.

Presently, physical injury committed against a family member or
intimate partner is punishable as a misdemeanor, even when the abuser
repeatedly assaults the victim. The creation of the felony of domestic
abuse in the first degree increases the scope of punishment and
provides a greater deterrent to those who commit serious domestic
abuse or who are repeat offenders.

Many victims of domestic violence would prefer to have their partner
undergo treatment rather than serve time in jail. Under current law
there is no mechanism for a judge to accept a domestic abuser's guilty
plea and then defer sentence to determine whether the abuser can
successfully complete a court-ordered treatment program. This new law
would expand sentencing options by providing criminal justice
motivation for offenders to complete court-ordered corrective
programs. The proposed law provides a process whereby the offender can
plead guilty to the most serious offense involved in the domestic
abuse case and, with the permission of the judge and consent of the
People, undergo treatment and education programs. Thereafter, if the
offender successfully completes these programs as ordered by the
court, the initial guilty plea may be withdrawn with consent of the
prosecutor and the defendant will be allowed to plead guilty to a
lesser charge carrying a reduced penalty in satisfaction of the case.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First day of November next succeeding the date on which it shall have
become a law.

2009-S7326 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7326

                            I N  S E N A T E

                             March 30, 2010
                               ___________

Introduced  by  Sens.  PADAVAN,  LITTLE,  GOLDEN, LEIBELL, LANZA -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to establishing domestic
  abuse offenses; and to amend the criminal procedure law,  in  relation
  to  authorizing  deferral  of  sentencing  upon  a plea of guilty of a
  domestic abuse felony offense

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended by adding three new sections
120.75, 120.80 and 120.85 to read as follows:
S 120.75 DOMESTIC ABUSE IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE THIRD  DEGREE  WHEN,  WITH
INTENT  TO  HARASS, ANNOY OR ALARM A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED BY SUBDIVISION ONE OF SECTION  530.11  OF  THE  CRIMINAL
PROCEDURE  LAW,  HE  OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS
SUCH MEMBER OF THE SAME FAMILY  OR  HOUSEHOLD  TO  PHYSICAL  CONTACT  OR
ATTEMPTS OR THREATENS TO DO THE SAME.
  DOMESTIC ABUSE IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
S 120.80 DOMESTIC ABUSE IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE WHEN, WITH
INTENT TO HARASS, ANNOY OR ALARM A MEMBER OF THE SAME FAMILY  OR  HOUSE-
HOLD  AS  DEFINED  BY  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
PROCEDURE LAW, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH  MEMBER  OF  THE
SAME FAMILY OR HOUSEHOLD.
  DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
  1. WITH INTENT TO CAUSE PHYSICAL INJURY TO A MEMBER OF THE SAME FAMILY
OR  HOUSEHOLD  AS  DEFINED  BY  SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW, HE OR SHE CAUSES SUCH INJURY TO SUCH  MEMBER  OF
THE SAME FAMILY OR HOUSEHOLD OR TO A THIRD PERSON; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16287-01-0

S. 7326                             2

  2. HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO A MEMBER OF THE SAME
FAMILY  OR  HOUSEHOLD AS DEFINED BY SUBDIVISION ONE OF SECTION 530.11 OF
THE CRIMINAL PROCEDURE LAW; OR
  3.  WITH  CRIMINAL  NEGLIGENCE,  HE OR SHE CAUSES PHYSICAL INJURY TO A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED BY SUBDIVISION ONE  OF
SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW BY MEANS OF A DEADLY WEAPON
OR A DANGEROUS INSTRUMENT; OR
  4. HE OR SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A SUBSTANTIAL
RISK OF SERIOUS PHYSICAL INJURY TO A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD  AS  DEFINED  BY  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
PROCEDURE LAW; OR
  5. HE OR SHE COMMITS THE CRIME OF DOMESTIC ABUSE IN THE SECOND  DEGREE
AND HAS PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE OR A VIOLATION OF THIS
SECTION WITHIN THE PRECEDING FIVE YEARS.
  DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. The criminal procedure law is amended by adding a new article 217
to read as follows:
                                ARTICLE 217
                         DEFERRAL OF SENTENCING
                           FOR FELONY DOMESTIC
                                  ABUSE
SECTION 217.00 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
S 217.00 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
  1.    UPON A GUILTY PLEA BY A DEFENDANT TO DOMESTIC ABUSE IN THE FIRST
DEGREE AS DEFINED IN SECTION 120.85  OF  THE  PENAL  LAW  AND  UPON  THE
DEFENDANT'S  CONSENT  THERETO, THE COURT MAY ORDER THAT THE SENTENCE FOR
SUCH OFFENSE BE DEFERRED FOR THE  PURPOSE  OF  THE  DEFENDANT'S  PARTIC-
IPATION  IN  A  COURT-APPROVED  DOMESTIC  VIOLENCE  AND ANGER MANAGEMENT
PROGRAM, OR FOR TREATMENT FOR SUBSTANCE  ABUSE  OR  DEPENDENCE,  ALCOHOL
ABUSE  OR  DEPENDENCE,  AND  ANY  CO-OCCURRING MENTAL DISORDER OR MENTAL
ILLNESS. UPON THE SUCCESSFUL COMPLETION OF SUCH PROGRAM OR TREATMENT AND
THE CONSENT OF THE PEOPLE, AND WITH REASONABLE NOTICE TO THE VICTIM  AND
AN  OPPORTUNITY  FOR  THE  VICTIM  TO BE HEARD, THE COURT MAY PERMIT THE
DEFENDANT TO WITHDRAW HIS OR HER PLEA TO DOMESTIC  ABUSE  IN  THE  FIRST
DEGREE.
  2.  NOTHING  IN  THIS  ARTICLE  SHALL  BE  CONSTRUED AS RESTRICTING OR
PROHIBITING A COURT OR THE PEOPLE FROM USING OTHER LAWFUL PROCEDURES  OR
MODELS  FOR  PLACING APPROPRIATE PERSONS INTO ALCOHOL OR SUBSTANCE ABUSE
TREATMENT.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S7326

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Sponsored By

Frank Padavan

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Betty Little

Martin J. Golden

Vincent L. Leibell

Andrew J. Lanza

2009-S7326 (ACTIVE) - Details

2009-S7326 (ACTIVE) - Summary

2009-S7326 (ACTIVE) - Sponsor Memo

2009-S7326 (ACTIVE) - Bill Text download pdf

Comments