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

                                  2712

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 defining offenses  against
  the family

  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 a  new  article  122  to
read as follows:
                               ARTICLE 122
                             FAMILY OFFENSES
SECTION 122.00 DEFINITIONS.
        122.05 DOMESTIC VIOLENCE.
        122.10 AGGRAVATED DOMESTIC VIOLENCE.
        122.15 EXTREME DOMESTIC VIOLENCE.
        122.20 DEFENSE.
S 122.00 DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "FAMILY MEMBER" MEANS ANY PERSON RELATED BY BLOOD OR MARRIAGE, AS A
SPOUSE, OR AS AN ANCESTOR OR DESCENDANT; OR ANY PERSONS HAVING  CHILDREN
IN  COMMON;  OR ANY PERSONS HAVING SHARED THE SAME DOMICILE FOR A PERIOD
OF SIX MONTHS OR MORE.
  2. "ACT OF VIOLENCE" MEANS ANY ASSAULTIVE BEHAVIOR,  WHETHER  BY  OPEN
HAND, FIST, FOOT, TEETH, OR ANY OTHER BODY PART, OR BY ANY INSTRUMENT OR
INSTRUMENTALITY, WHICH CAUSES PHYSICAL INJURY TO ANOTHER FAMILY MEMBER.
  3.  "INJURY"  MEANS  ANY  OF THE FOLLOWING: BLACK AND BLUE MARKS; WELT
MARKS; A BLACK EYE; SUBSTANTIAL SORENESS; A  BITE  MARK;  A  CONCUSSION;
SUTURES;  BURNS;  OR ANY OTHER MEDICALLY DISTINGUISHABLE BRUISES, CONTU-
SIONS, ABRASIONS OR LACERATIONS, OR ANY "PHYSICAL INJURY" AS  THAT  TERM
HAS BEEN DEFINED BY ARTICLE ONE HUNDRED TWENTY OF THIS TITLE.
S 122.05 DOMESTIC VIOLENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06059-01-3
              

S. 2712                             2

  A  PERSON  IS  GUILTY  OF DOMESTIC VIOLENCE WHEN BEING A FAMILY MEMBER
WITH INTENT TO CAUSE INJURY TO ANOTHER FAMILY MEMBER, HE OR SHE  COMMITS
AN ACT OF VIOLENCE AGAINST ANY FAMILY MEMBER.
  DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
S 122.10 AGGRAVATED DOMESTIC VIOLENCE.
  A  PERSON  IS  GUILTY  OF  AGGRAVATED DOMESTIC VIOLENCE WHEN HE OR SHE
COMMITS AN ACT OF DOMESTIC VIOLENCE AND WHEN:
  1. HE OR SHE HAS PREVIOUSLY BEEN  CONVICTED  OF  AN  ACT  OF  DOMESTIC
VIOLENCE, OR AN ATTEMPT TO COMMIT SAME; OR
  2.  HE  OR SHE HAS PREVIOUSLY BEEN CONVICTED OF ASSAULT, UNDER ARTICLE
ONE HUNDRED TWENTY OF THIS TITLE, OR AN ATTEMPT TO COMMIT SAME, AND  THE
VICTIM IN SAID PRIOR CONVICTION WAS A FAMILY MEMBER; OR
  3. HE OR SHE HAS PREVIOUSLY COMMITTED ANOTHER ACT OF DOMESTIC VIOLENCE
WITHIN  THE  PAST  SIX  MONTHS AGAINST ANY FAMILY MEMBER, AND AS TO SAID
PRIOR CONDUCT NO PROSECUTION HAS PREVIOUSLY BEEN INSTITUTED,  OR  PROSE-
CUTION  HAS  BEEN  WITHDRAWN, DISMISSED OR ADJOURNED IN CONTEMPLATION OF
DISMISSAL BEFORE AN ADJUDICATION ON THE MERITS, PROVIDING HOWEVER,  THAT
SAID  PRIOR  CONDUCT  MUST  BE  ALLEGED WITHIN THE ACCUSATORY INSTRUMENT
HEREIN WITH THE SAME SPECIFICITY AS IS REQUIRED FOR THE CONDUCT PRESENT-
LY AT ISSUE; OR
  4. HE OR SHE ACCOMPANIES SAID ACT WITH A THREAT OR THREATS TO THE LIFE
OF ANY FAMILY MEMBER; OR
  5. HE OR SHE USES OR THREATENS THE USE OF A DANGEROUS INSTRUMENT; OR
  6. AT THE TIME OF SAID CONDUCT AN ORDER OF PROTECTION HAS BEEN  ISSUED
CONSTRAINING THE CONDUCT OF SAID PERSON; OR
  7.  AT  TWO  TIMES  OTHER THAN THE ACT OF DOMESTIC VIOLENCE, HE OR SHE
THREATENS THE LIFE OR SAFETY OF ANY FAMILY MEMBER OVER THE PHONE  OR  BY
ANY AGENT OR INSTRUMENTALITY.
  AGGRAVATED DOMESTIC VIOLENCE IS A CLASS E FELONY.
S 122.15 EXTREME DOMESTIC VIOLENCE.
  A PERSON IS GUILTY OF EXTREME DOMESTIC VIOLENCE WHEN:
  1.  WITH  INTENT  TO CAUSE INJURY TO ANY FAMILY MEMBER, OR IN RECKLESS
DISREGARD OF THE LIKELIHOOD OF CAUSING SUCH INJURY, HE OR SHE COMMITS AN
ACT OR ACTS WHICH RESULT IN SECOND OR THIRD DEGREE BURNS TO  ANY  FAMILY
MEMBER; OR
  2.  HE OR SHE COMMITS AN ACT OF DOMESTIC VIOLENCE, HAVING TWICE WITHIN
THE THREE YEARS IMMEDIATELY PRIOR TO SAID  ACT  BEEN  CONVICTED  OF  ANY
COMBINATION  OF  DOMESTIC VIOLENCE AND/OR ASSAULT CHARGES, OR AN ATTEMPT
TO COMMIT SAME AGAINST ANY FAMILY MEMBER OR MEMBERS; OR
  3. HE OR SHE COMMITS AN ACT OF DOMESTIC VIOLENCE  HAVING  THREE  TIMES
WITHIN  A  YEAR  IMMEDIATELY  PRIOR  TO SAID ACT COMMITTED OTHER ACTS OF
DOMESTIC VIOLENCE AGAINST ANY FAMILY MEMBER OR MEMBERS, AND AS  TO  SAID
PRIOR  CONDUCT,  NO PROSECUTION HAS PREVIOUSLY BEEN INSTITUTED OR PROSE-
CUTION HAS BEEN WITHDRAWN, DISMISSED OR ADJOURNED  IN  CONTEMPLATION  OF
DISMISSAL  BEFORE AN ADJUDICATION ON THE MERITS, PROVIDING HOWEVER, THAT
SAID PRIOR CONDUCT MUST BE  ALLEGED  WITHIN  THE  ACCUSATORY  INSTRUMENT
HEREIN WITH THE SAME SPECIFICITY AS IS REQUIRED FOR THE CONDUCT PRESENT-
LY AT ISSUE; OR
  4.  HE OR SHE RESTRAINS AS THAT TERM IS DEFINED BY ARTICLE ONE HUNDRED
THIRTY-FIVE OF THIS TITLE A FAMILY MEMBER FOR A PERIOD OF MORE THAN  TWO
HOURS, DURING THE COURSE OF WHICH HE OR SHE:
  (A) COMMITS AN ACT OF DOMESTIC VIOLENCE; OR
  (B) THREATENS THE LIFE OF ANY PERSON; OR
  (C) ENDANGERS THE LIFE OF A CHILD; OR
  (D) DISPLAYS OR THREATENS THE USE OF A DANGEROUS INSTRUMENT; OR

S. 2712                             3

  (E)  COMMITS  THE CRIME OF COERCION AS THAT TERM IS DEFINED BY ARTICLE
ONE HUNDRED THIRTY-FIVE OF THIS TITLE; OR
  5.  HE  OR  SHE COMMITS AN ACT OF AGGRAVATED DOMESTIC VIOLENCE AND THE
VICTIM IS LESS THAN TEN YEARS OLD.
  EXTREME DOMESTIC VIOLENCE IS A CLASS C FELONY.
S 122.20 DEFENSE.
  IT IS AN AFFIRMATIVE DEFENSE  UNDER  THIS  ARTICLE  THAT  ANY  CONDUCT
AGAINST  A CHILD BY AN ADULT FAMILY MEMBER WAS JUSTIFIED PURSUANT TO THE
PROVISIONS OF SUBDIVISION ONE OF SECTION 35.10 OF THIS CHAPTER.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.