NY State Senate Bill 2009-S2109

Senate Bill S2109

2009-2010 Legislative Session

Includes within class D felony of assault in the second degree commission of assault in the third degree in the presence of certain children or against same victim

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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
Jan 06, 2010	referred to codes
Feb 11, 2009	referred to codes

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2009-S2109 (ACTIVE) - Details

See Assembly Version of this Bill:: A4566
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L

2009-S2109 (ACTIVE) - Summary

Includes within the provisions of the class D felony of assault in the second degree, the commission of the offense of assault in the third degree in the presence of a child under 18 years of age when such child is the child or stepchild or sibling of the victim, or lives with the victim or defendant or if a person commits the offense of assault in the third degree and has previously been convicted of assaulting the same person.

2009-S2109 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2109

 TITLE OF BILL :
An act to amend the penal law, in relation to assaults committed in
the presence of certain children

 SUMMARY OF PROVISIONS :
Amends penal law section 120.05 to include within the class D felony
of assault in the second degree commission of assault in the third
degree in the presence of certain minor children, and assault in the
third degree when the defendant has previously been convicted of
assaulting the same victim.

 PURPOSE AND JUSTIFICATION :
To discourage domestic violence by increasing the severity of the
punishment for assault in the third degree when committed in the
presence of minor children, and when the defendant has previously been
convicted of assaulting the same victim.

The crime of assault in the third degree is a class A misdemeanor.
When a person commits an assault in the third degree in the presence
of the victim's minor children, or sibling, that person is causing
harm to multiple victims - both the victim of the assault and the
child who witnesses his/her parent/step-parent, or sibling, being
assaulted. In order to reduce domestic violence, it is important that
the punishment for violent crimes committed against a parent and

witnessed by minor children fits the severity of the crime. This
proposal makes it a class D felony to commit an assault in the third
degree in the presence of certain minor children. This proposal also
increases the penalties for domestic violence by making it a class D
felony to assault the same victim more than once; domestic violence
situations often result in repeated incidents of assault against the
same person.

A class D felony is a more severely punished crime than a class A
misdemeanor. By making the above referenced crimes class D felonies
rather than class A misdemeanors, this bill will provide that people
convicted of these crimes are punished with longer terms of
imprisonment.

 EXISTING LAW :
Currently, assault in the third degree is a class A misdemeanor.
Assault in the second degree is a class D felony.  Existing law does
not treat assault in the third degree in the presence of minor
children differently than any other third degree assault, nor does
current law increase the punishment for assault in the third degree
when the defendant repeatedly assaults the same victim.

 PRIOR LEGISLATIVE HISTORY :
2007-08 - S.1758/A.4474 -- PASSED SENATE/Codes
2005-06 - S.1521/A.5233 -- PASSED SENATE/Codes
2003-04 - S.1678/A.1343 -- PASSED SENATE/Assembly Codes
2002 - S.2617-A/A.1861-A - PASSED SENATE/Assembly Codes
2000 - S.676/A.9380 - PASSED SENATE/Assembly Codes

 FISCAL IMPLICATIONS :  None.

 LOCAL FISCAL IMPLICATIONS :
None.

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

2009-S2109 (ACTIVE) - Bill Text download pdf

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

                                  2109

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  LANZA, MORAHAN, PADAVAN, ROBACH,
  SALAND, SEWARD, SKELOS, VOLKER, YOUNG -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to assaults committed in  the
  presence of certain children

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

  Section 1. Section 120.05 of the penal law is amended  by  adding  two
new subdivisions 13 and 14 to read as follows:
  13.  THE DEFENDANT COMMITS THE OFFENSE OF ASSAULT IN THE THIRD DEGREE,
AS DEFINED IN SECTION 120.00 OF THIS ARTICLE, IN THE PRESENCE OF A CHILD
UNDER THE AGE OF EIGHTEEN YEARS WHEN SUCH CHILD IS THE CHILD, STEPCHILD,
OR SIBLING OF THE VICTIM OF SUCH OFFENSE, OR RESIDES IN THE SAME  HOUSE-
HOLD AS THE VICTIM OF SUCH OFFENSE OR THE DEFENDANT.
  14.  THE DEFENDANT COMMITS THE OFFENSE OF ASSAULT IN THE THIRD DEGREE,
AS DEFINED IN SECTION 120.00 OF THIS ARTICLE, AND  HAS  PREVIOUSLY  BEEN
CONVICTED OF ASSAULTING THE SAME VICTIM.
  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.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07079-01-9

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