Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 30, 2010 |
referred to codes |
Senate Bill S7326
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
(R, C, IP, RFM) 24th Senate District
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
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
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