NY State Assembly Bill 2011-A1986

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 21, 2012	referred to codes delivered to senate passed assembly
Feb 02, 2012	advanced to third reading cal.318
Jan 31, 2012	reported
Jan 18, 2012	committed to codes
Jan 04, 2012	ordered to third reading cal.87 returned to assembly died in senate
Jun 16, 2011	referred to rules delivered to senate passed assembly
Jun 14, 2011	ordered to third reading rules cal.172 rules report cal.172 reported
Jun 13, 2011	amend and recommit to rules 1986b
Jun 13, 2011	reported referred to rules
Jun 09, 2011	print number 1986a
Jun 09, 2011	amend (t) and recommit to codes
Jan 12, 2011	referred to codes

Bill Amendments

Original

B (Active)

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multi-Sponsors

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2011-A1986 - Details

See Senate Version of this Bill:: S1510
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.75 Pen L; add §200.63 CP L

2011-A1986 - Summary

Establishes the crime of aggravated family offense when a person has committed a specified offense and has been convicted of one or more specified offenses within the past five years.

2011-A1986 - Bill Text download pdf

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

                                  1986

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to the creation of the crime of aggravated domestic violence

  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 section 240.75  to
read as follows:
S 240.75 AGGRAVATED DOMESTIC VIOLENCE.
  1.  A  PERSON IS GUILTY OF AGGRAVATED DOMESTIC VIOLENCE WHEN HE OR SHE
COMMITS A SPECIFIED DOMESTIC VIOLENCE OFFENSE AND HE  OR  SHE  HAS  BEEN
CONVICTED OF ONE OR MORE SPECIFIED DOMESTIC VIOLENCE OFFENSES WITHIN THE
IMMEDIATELY  PRECEDING  FIVE YEARS. FOR THE PURPOSES OF THIS SECTION, IN
CALCULATING THE FIVE YEAR PERIOD, ANY PERIOD OF TIME  DURING  WHICH  THE
DEFENDANT  WAS  INCARCERATED  FOR  ANY  REASON  BETWEEN  THE TIME OF THE
COMMISSION OF ANY OF THE PREVIOUS OFFENSES AND THE TIME OF COMMISSION OF
THE PRESENT CRIME SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD  SHALL  BE
EXTENDED  BY  A  PERIOD  OR  PERIODS EQUAL TO THE TIME SERVED UNDER SUCH
INCARCERATION.
  2. A "SPECIFIED DOMESTIC VIOLENCE OFFENSE" IS  AN  OFFENSE  WHERE  THE
DEFENDANT  AND  THE  PERSON AGAINST WHOM THE OFFENSE IS COMMITTED ARE OR
WERE AT A PREVIOUS TIME MEMBERS OF  THE  SAME  FAMILY  OR  HOUSEHOLD  AS
DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
LAW AND WHERE THAT OFFENSE INCLUDES ANY OF THE FOLLOWING  PROVISIONS  OF
THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN THE THIRD DEGREE); SECTION
120.05 (ASSAULT IN THE SECOND DEGREE); SECTION 120.10  (ASSAULT  IN  THE
FIRST  DEGREE);  SECTION  120.13 (MENACING IN THE FIRST DEGREE); SECTION
120.14 (MENACING IN THE SECOND DEGREE); SECTION 120.15 (MENACING IN  THE
THIRD  DEGREE);  SECTION  120.20  (RECKLESS  ENDANGERMENT  IN THE SECOND
DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT  IN  THE  FIRST  DEGREE);
SECTION 120.45 (STALKING IN THE FOURTH DEGREE); SECTION 120.50 (STALKING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06167-01-1

A. 1986                             2

IN  THE  THIRD  DEGREE); SECTION 120.55 (STALKING IN THE SECOND DEGREE);
SECTION 120.60 (STALKING IN THE FIRST DEGREE); SECTION 121.11  (CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SECTION 121.12 (STRANGU-
LATION IN THE SECOND DEGREE); SECTION 121.13 (STRANGULATION IN THE FIRST
DEGREE);  SUBDIVISION  ONE OF SECTION 125.15 (MANSLAUGHTER IN THE SECOND
DEGREE); SUBDIVISION ONE, TWO OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN
THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND DEGREE); SECTION
130.20 (SEXUAL MISCONDUCT); SECTION 130.30 (RAPE IN THE SECOND  DEGREE);
SECTION  130.35  (RAPE  IN  THE  FIRST DEGREE); SECTION 130.40 (CRIMINAL
SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMINAL SEXUAL ACT  IN
THE  SECOND  DEGREE);  SECTION  130.50 (CRIMINAL SEXUAL ACT IN THE FIRST
DEGREE); SECTION 130.52 (FORCIBLE TOUCHING); SECTION 130.53  (PERSISTENT
SEXUAL  ABUSE);  SECTION  130.55  (SEXUAL  ABUSE  IN  THE THIRD DEGREE);
SECTION 130.60 (SEXUAL ABUSE  IN  THE  SECOND  DEGREE);  SECTION  130.65
(SEXUAL  ABUSE  IN  THE FIRST DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRAVATED SEXUAL  ABUSE  IN
THE SECOND DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
DEGREE);  SECTION  130.91  (SEXUALLY  MOTIVATED  FELONY); SECTION 130.95
(PREDATORY SEXUAL ASSAULT); SECTION  130.96  (PREDATORY  SEXUAL  ASSAULT
AGAINST  A  CHILD);  SECTION 135.05 (UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);
SECTION 135.60 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION
IN  THE  FIRST  DEGREE);  SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
DEGREE); SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND  DEGREE);
SECTION  140.17  (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20
(BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN  THE  SECOND
DEGREE);  SECTION  140.30 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00
(CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 215.50
(CRIMINAL CONTEMPT IN  THE  SECOND  DEGREE);  SECTION  215.51  (CRIMINAL
CONTEMPT  IN  THE  FIRST  DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL
CONTEMPT); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE);  SUBDIVISION
ONE,  TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND
DEGREE); OR ANY ATTEMPT OR CONSPIRACY TO COMMIT  ANY  OF  THE  FOREGOING
OFFENSES.
  3.  THE PERSON AGAINST WHOM THE SPECIFIED DOMESTIC VIOLENCE OFFENSE IS
COMMITTED MAY BE DIFFERENT FROM THE PERSON AGAINST WHOM  THE  PREVIOUSLY
COMMITTED  SPECIFIED  DOMESTIC  VIOLENCE OFFENSE WAS COMMITTED AND, DOES
NOT NEED TO BE A MEMBER OF THE SAME FAMILY OR HOUSEHOLD.
  AGGRAVATED DOMESTIC VIOLENCE IS A CLASS E FELONY.
  S 2. The criminal procedure law is amended by  adding  a  new  section
200.63 to read as follows:
S 200.63 INDICTMENT;   SPECIAL   INFORMATION   FOR  AGGRAVATED  DOMESTIC
           VIOLENCE OFFENDER.
  1. WHENEVER A PERSON IS  CHARGED  WITH  THE  COMMISSION  OR  ATTEMPTED
COMMISSION  OF AGGRAVATED DOMESTIC VIOLENCE AS DEFINED IN SECTION 240.75
OF THE PENAL LAW, AN INDICTMENT OR INFORMATION FOR SUCH OFFENSE SHALL BE
ACCOMPANIED BY A SPECIAL INFORMATION, FILED  BY  THE  DISTRICT  ATTORNEY
WITH  THE COURT, ALLEGING THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF
AGGRAVATED DOMESTIC VIOLENCE AS DEFINED IN SECTION 240.75 OF  THE  PENAL
LAW,  OR OF A SPECIFIED DOMESTIC VIOLENCE OFFENSE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 240.75 OF THE PENAL LAW, THAT AT  THE  TIME  OF  THE
PREVIOUS  OFFENSE  OR  AT  AN  EARLIER TIME THE DEFENDANT AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY

A. 1986                             3

OR  HOUSEHOLD  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 530.11 OF THIS
CHAPTER, AND THAT SUCH PREVIOUS CONVICTION TOOK PLACE  WITHIN  THE  TIME
PERIOD  SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF THE PENAL LAW.
EXCEPT  AS  PROVIDED  HEREIN,  THE  PEOPLE MAY NOT REFER TO SUCH SPECIAL
INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING THE  ALLEGA-
TIONS THEREIN.
  2.  AT  ANY  TIME BEFORE THE CLOSE OF THE PEOPLE'S CASE, THE COURT, IN
THE ABSENCE OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON  SUCH  INFORMA-
TION  AND  ADVISE  HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGA-
TION, DENY ANY SUCH ALLEGATION OR REMAIN MUTE WITH RESPECT TO  ANY  SUCH
ALLEGATION.  DEPENDING  UPON  THE DEFENDANT'S RESPONSE, THE TRIAL OF THE
INDICTMENT OR INFORMATION MUST THEN PROCEED AS FOLLOWS:
  (A)(I) IF THE PREVIOUS CONVICTION IS FOR AGGRAVATED DOMESTIC  VIOLENCE
AS  DEFINED IN SECTION 240.75 OF THE PENAL LAW, AND THE DEFENDANT ADMITS
THE PREVIOUS CONVICTION OR THAT IT TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED  IN  SUBDIVISION  ONE  OF SECTION 240.75 OF THE PENAL LAW, THE
ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED  FOR  ALL
SUBSEQUENT  PURPOSES,  INCLUDING SENTENCING PURSUANT TO SECTION 70.00 OF
THE PENAL LAW.  THE COURT MUST SUBMIT THE CASE TO THE  JURY  AS  IF  THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT  MAY  NOT  SUBMIT TO THE JURY ANY LESSER INCLUDED OFFENSE WHICH IS
DISTINGUISHED FROM THE OFFENSE CHARGED  SOLELY  BY  THE  FACT  THAT  THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE THAT  ELEMENT  OF  THE  OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER,  THE  PEOPLE
MAY  PROVE,  BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED.
  (B)(I) IF THE PREVIOUS CONVICTION IS FOR A SPECIFIED DOMESTIC VIOLENCE
OFFENSE  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION 240.75 OF THE PENAL
LAW, AND THE DEFENDANT ADMITS THE  PREVIOUS  CONVICTION,  THAT  IT  TOOK
PLACE  WITHIN  THE  TIME  PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION
240.75 OF THE PENAL LAW, OR THAT THE DEFENDANT AND  THE  PERSON  AGAINST
WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER,
THE ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED  ESTABLISHED  FOR
ALL  SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION 70.00
OF THE PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS  IF  THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT  MAY  NOT  SUBMIT TO THE JURY ANY LESSER INCLUDED OFFENSE WHICH IS
DISTINGUISHED FROM THE OFFENSE CHARGED  SOLELY  BY  THE  FACT  THAT  THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE THAT  ELEMENT  OF  THE  OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER,  THE  PEOPLE
MAY  PROVE,  BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED.

A. 1986                             4

  (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT AND THE PERSON AGAINST
WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, OR
REMAINS  MUTE  WITH  RESPECT  TO  THAT MATTER, THE PEOPLE MAY PROVE THAT
ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
  3.  NOTWITHSTANDING  SUBDIVISION ONE AND SUBPARAGRAPH (I) OF PARAGRAPH
(A) AND SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION  TWO  OF  THIS
SECTION  IF EVIDENCE REGARDING THE PRIOR CONVICTION, OR THAT THE DEFEND-
ANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED  WERE  MEMBERS
OF  THE  SAME  FAMILY  OR  HOUSEHOLD,  AS  DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS CHAPTER, IS RELEVANT TO HELP PROVE THE  CRIME  OR
CRIMES  CHARGED IN THE INDICTMENT OR INFORMATION, SUCH EVIDENCE SHALL BE
ADMISSIBLE.
  4. A DETERMINATION PURSUANT TO THIS SECTION THAT THE DEFENDANT  HAS  A
PREVIOUS CONVICTION, THAT AT THE TIME OF THE PRIOR OFFENSE THE DEFENDANT
AND  THE  PERSON  AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF
THE SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE  OF  SECTION
530.11 OF THIS CHAPTER, OR THAT THE PREVIOUS CONVICTION TOOK PLACE WITH-
IN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF THE
PENAL  LAW, SHALL BE BINDING IN ANY FUTURE PROCEEDING IN WHICH THE ISSUE
MAY ARISE UNLESS THE CONVICTION FOR  THE  AGGRAVATED  DOMESTIC  VIOLENCE
OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2011-A1986A - Details

See Senate Version of this Bill:: S1510
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.75 Pen L; add §200.63 CP L

2011-A1986A - Summary

Establishes the crime of aggravated family offense when a person has committed a specified offense and has been convicted of one or more specified offenses within the past five years.

2011-A1986A - Bill Text download pdf

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

                                 1986--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, BING, SCHIMEL, MAISEL, GUNTHER, SCAR-
  BOROUGH, BRONSON, MOYA,  MILLMAN,  SPANO,  ORTIZ,  GIBSON,  STEVENSON,
  ROBERTS,  WEISENBERG, PAULIN, LAVINE, GABRYSZAK, WEPRIN, COOK, CASTRO,
  TITUS -- Multi-Sponsored by -- M.  of  A.  ABBATE,  CALHOUN,  CERETTO,
  CROUCH,  DUPREY,  GALEF, GLICK, LOSQUADRO, MARKEY, McKEVITT, MOLINARO,
  PERRY, RAIA, RAMOS, P. RIVERA, SWEENEY, THIELE, ZEBROWSKI -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to the creation of the crime of aggravated family 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 a new section 240.75  to
read as follows:
S 240.75 AGGRAVATED FAMILY OFFENSE.
  1.  A  PERSON  IS  GUILTY  OF AGGRAVATED FAMILY OFFENSE WHEN HE OR SHE
COMMITS A SPECIFIED OFFENSE AND HE OR SHE HAS BEEN CONVICTED OF  ONE  OR
MORE SPECIFIED OFFENSES WITHIN THE IMMEDIATELY PRECEDING FIVE YEARS. FOR
THE  PURPOSES  OF THIS SUBDIVISION, IN CALCULATING THE FIVE YEAR PERIOD,
ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED  FOR  ANY
REASON  BETWEEN  THE  TIME  OF  THE  COMMISSION  OF ANY OF SUCH PREVIOUS
OFFENSES AND THE TIME OF  COMMISSION  OF  THE  PRESENT  CRIME  SHALL  BE
EXCLUDED  AND  SUCH  FIVE  YEAR  PERIOD SHALL BE EXTENDED BY A PERIOD OR
PERIODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
  2. A "SPECIFIED OFFENSE" IS  AN  OFFENSE  DEFINED  IN  SECTION  120.00
(ASSAULT  IN  THE  THIRD  DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND
DEGREE); SECTION 120.10 (ASSAULT IN THE FIRST  DEGREE);  SECTION  120.13
(MENACING  IN  THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);  SECTION  120.20
(RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS
ENDANGERMENT IN THE FIRST  DEGREE);  SECTION  120.45  (STALKING  IN  THE
FOURTH  DEGREE);  SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION
120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06167-12-1

A. 1986--A                          2

FIRST  DEGREE);  SECTION  121.11  (CRIMINAL  OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
SECTION 121.13 (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION  ONE  OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR  FOUR  OF  SECTION 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION
125.25 (MURDER IN THE SECOND DEGREE);  SECTION  130.20  (SEXUAL  MISCON-
DUCT);  SECTION 130.30 (RAPE IN THE SECOND DEGREE); SECTION 130.35 (RAPE
IN THE FIRST DEGREE); SECTION 130.40 (CRIMINAL SEXUAL ACT IN  THE  THIRD
DEGREE);  SECTION  130.45  (CRIMINAL  SEXUAL  ACT IN THE SECOND DEGREE);
SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SECTION 130.52
(FORCIBLE TOUCHING); SECTION 130.53 (PERSISTENT SEXUAL  ABUSE);  SECTION
130.55  (SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE
IN THE SECOND  DEGREE);  SECTION  130.65  (SEXUAL  ABUSE  IN  THE  FIRST
DEGREE);  SECTION  130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);
SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND  DEGREE);  SECTION
130.70  (AGGRAVATED  SEXUAL  ABUSE  IN THE FIRST DEGREE); SECTION 130.91
(SEXUALLY MOTIVATED FELONY); SECTION 130.95 (PREDATORY SEXUAL  ASSAULT);
SECTION  130.96  (PREDATORY  SEXUAL  ASSAULT  AGAINST  A CHILD); SECTION
135.05 (UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE);  SECTION  135.10
(UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN
THE  SECOND  DEGREE);  SECTION  135.65  (COERCION  IN THE FIRST DEGREE);
SECTION 140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25  (BURGLARY
IN  THE  SECOND  DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);
SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION  145.05
(CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE);  SECTION  145.10 (CRIMINAL
MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
FIRST DEGREE); SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD  DEGREE);
SECTION  215.50 (CRIMINAL CONTEMPT IN THE SECOND DEGREE); SECTION 215.51
(CRIMINAL CONTEMPT IN THE  FIRST  DEGREE);  SECTION  215.52  (AGGRAVATED
CRIMINAL  CONTEMPT);  SECTION  240.25  (HARASSMENT IN THE FIRST DEGREE);
SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN
THE SECOND DEGREE); AGGRAVATED FAMILY OFFENSE AS DEFINED IN THIS SECTION
OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY  OF  THE  FOREGOING  OFFENSES
WHERE  THE DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMIT-
TED WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN  SUBDIVI-
SION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
  3.  THE PERSON AGAINST WHOM THE CURRENT SPECIFIED OFFENSE IS COMMITTED
MAY BE DIFFERENT FROM THE PERSON AGAINST  WHOM  THE  PREVIOUS  SPECIFIED
OFFENSE WAS COMMITTED AND, SUCH PERSONS DO NOT NEED TO BE MEMBERS OF THE
SAME FAMILY OR HOUSEHOLD.
  AGGRAVATED FAMILY OFFENSE IS A CLASS E FELONY.
  S  2.  The  criminal  procedure law is amended by adding a new section
200.63 to read as follows:
S 200.63 INDICTMENT; SPECIAL INFORMATION FOR AGGRAVATED FAMILY OFFENSE.
  1. WHENEVER A PERSON IS  CHARGED  WITH  THE  COMMISSION  OR  ATTEMPTED
COMMISSION  OF AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75
OF THE PENAL LAW, AN INDICTMENT OR INFORMATION FOR SUCH OFFENSE SHALL BE
ACCOMPANIED BY A SPECIAL INFORMATION, FILED  BY  THE  DISTRICT  ATTORNEY
WITH  THE COURT, ALLEGING THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF
A SPECIFIED OFFENSE AS DEFINED IN SUBDIVISION TWO OF SECTION  240.75  OF
THE  PENAL  LAW,  THAT AT THE TIME OF THE PREVIOUS OFFENSE THE DEFENDANT
AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED  WERE  MEMBERS  OF
THE  SAME  FAMILY  OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, AND THAT SUCH  PREVIOUS  CONVICTION  TOOK  PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE  PENAL  LAW.  EXCEPT AS PROVIDED HEREIN, THE PEOPLE MAY NOT REFER TO

A. 1986--A                          3

SUCH SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING
THE ALLEGATIONS THEREIN.
  2.  PRIOR  TO THE COMMENCEMENT OF THE TRIAL, THE COURT, IN THE ABSENCE
OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON SUCH INFORMATION AND ADVISE
HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGATION, DENY ANY  SUCH
ALLEGATION OR REMAIN MUTE WITH RESPECT TO ANY SUCH ALLEGATION. DEPENDING
UPON  THE  DEFENDANT'S RESPONSE, THE TRIAL OF THE INDICTMENT OR INFORMA-
TION MUST THEN PROCEED AS FOLLOWS:
  (A)(I) IF THE PREVIOUS CONVICTION IS FOR AN AGGRAVATED FAMILY  OFFENSE
AS  DEFINED IN SECTION 240.75 OF THE PENAL LAW, AND THE DEFENDANT ADMITS
THE PREVIOUS CONVICTION OR THAT IT TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED  IN  SUBDIVISION  ONE OF SECTION 240.75 OF THE PENAL LAW, SUCH
ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED  FOR  THE
PURPOSES  OF  THE  PRESENT PROSECUTION, INCLUDING SENTENCING PURSUANT TO
SECTION 70.00 OF THE PENAL LAW. THE COURT MUST SUBMIT THE  CASE  TO  THE
JURY  AS IF SUCH ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF
THE OFFENSE.
  (II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR  REMAINS  MUTE
WITH  RESPECT  TO  IT,  THE PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
  (III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK  PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE  PENAL  LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE
MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART  OF  THEIR
CASE,  THAT  THE  PREVIOUS  CONVICTION TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED.
  (B)(I) IF THE PREVIOUS  CONVICTION  IS  FOR  A  SPECIFIED  OFFENSE  AS
DEFINED  IN  SUBDIVISION  TWO  OF SECTION 240.75 OF THE PENAL LAW, OTHER
THAN AN AGGRAVATED FAMILY OFFENSE, AND THE DEFENDANT ADMITS SUCH  PREVI-
OUS  CONVICTION,  THAT IT TOOK PLACE WITHIN THE TIME PERIOD SPECIFIED IN
SUBDIVISION ONE OF SECTION 240.75 OF THE PENAL LAW, OR THAT THE  DEFEND-
ANT  AND  THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS
OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, SUCH ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE
DEEMED ESTABLISHED FOR THE PURPOSES OF THE PRESENT PROSECUTION,  INCLUD-
ING  SENTENCING  PURSUANT  TO  SECTION 70.00 OF THE PENAL LAW. THE COURT
MUST SUBMIT THE CASE TO THE JURY AS IF THE ADMITTED ALLEGATION OR  ALLE-
GATIONS WERE NOT ELEMENTS OF THE OFFENSE.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE,  BEYOND  A  REASONABLE  DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER,  THE  PEOPLE
MAY  PROVE,  BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED.
  (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT AND THE PERSON AGAINST
WHOM  THE PREVIOUS OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF  SECTION  530.11  OF  THIS
CHAPTER,  OR  REMAINS  MUTE  WITH RESPECT TO THAT MATTER, THE PEOPLE MAY
PROVE, BEYOND A REASONABLE DOUBT, THAT ELEMENT OF THE OFFENSE BEFORE THE
JURY AS A PART OF THEIR CASE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2011-A1986B (ACTIVE) - Details

See Senate Version of this Bill:: S1510
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.75 Pen L; add §200.63 CP L

2011-A1986B (ACTIVE) - Summary

Establishes the crime of aggravated family offense when a person has committed a specified offense and has been convicted of one or more specified offenses within the past five years.

2011-A1986B (ACTIVE) - Bill Text download pdf

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

                                 1986--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, BING, SCHIMEL, MAISEL, GUNTHER, SCAR-
  BOROUGH, BRONSON, MOYA,  MILLMAN,  SPANO,  ORTIZ,  GIBSON,  STEVENSON,
  ROBERTS,  WEISENBERG, PAULIN, LAVINE, GABRYSZAK, WEPRIN, COOK, CASTRO,
  TITUS -- Multi-Sponsored by -- M.  of  A.  ABBATE,  CALHOUN,  CERETTO,
  CROUCH,  DUPREY,  GALEF, GLICK, LOSQUADRO, MARKEY, McKEVITT, MOLINARO,
  PERRY, RAIA, RAMOS, P. RIVERA, SWEENEY, THIELE, ZEBROWSKI -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred  to  the  Committee  on  Rules  --  Rules
  Committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to the Committee on Rules

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to the creation of the crime of aggravated family 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 a new section 240.75  to
read as follows:
S 240.75 AGGRAVATED FAMILY OFFENSE.
  1.  A  PERSON  IS  GUILTY  OF AGGRAVATED FAMILY OFFENSE WHEN HE OR SHE
COMMITS A MISDEMEANOR DEFINED IN SUBDIVISION TWO OF THIS  SECTION  AS  A
SPECIFIED OFFENSE AND HE OR SHE HAS BEEN CONVICTED OF ONE OR MORE SPECI-
FIED  OFFENSES  WITHIN  THE  IMMEDIATELY  PRECEDING  FIVE YEARS. FOR THE
PURPOSES OF THIS SUBDIVISION, IN CALCULATING THE FIVE YEAR  PERIOD,  ANY
PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE TIME OF  THE  COMMISSION  OF  ANY  OF  SUCH  PREVIOUS
OFFENSES  AND  THE  TIME  OF  COMMISSION  OF  THE PRESENT CRIME SHALL BE
EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE  EXTENDED  BY  A  PERIOD  OR
PERIODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
  2.  A  "SPECIFIED  OFFENSE"  IS  AN  OFFENSE DEFINED IN SECTION 120.00
(ASSAULT IN THE THIRD DEGREE); SECTION 120.05  (ASSAULT  IN  THE  SECOND
DEGREE);  SECTION  120.10  (ASSAULT IN THE FIRST DEGREE); SECTION 120.13

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06167-16-1

A. 1986--B                          2

(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.25  (RECKLESS
ENDANGERMENT  IN  THE  FIRST  DEGREE);  SECTION  120.45 (STALKING IN THE
FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD  DEGREE);  SECTION
120.55  (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN THE
FIRST DEGREE); SECTION 121.11  (CRIMINAL  OBSTRUCTION  OF  BREATHING  OR
BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE);  SECTION
125.25  (MURDER  IN  THE  SECOND DEGREE); SECTION 130.20 (SEXUAL MISCON-
DUCT); SECTION 130.30 (RAPE IN THE SECOND DEGREE); SECTION 130.35  (RAPE
IN  THE  FIRST DEGREE); SECTION 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD
DEGREE); SECTION 130.45 (CRIMINAL SEXUAL  ACT  IN  THE  SECOND  DEGREE);
SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE); SECTION 130.52
(FORCIBLE  TOUCHING);  SECTION 130.53 (PERSISTENT SEXUAL ABUSE); SECTION
130.55 (SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL  ABUSE
IN  THE  SECOND  DEGREE);  SECTION  130.65  (SEXUAL  ABUSE  IN THE FIRST
DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);
SECTION  130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); SECTION
130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE);  SECTION  130.91
(SEXUALLY  MOTIVATED FELONY); SECTION 130.95 (PREDATORY SEXUAL ASSAULT);
SECTION 130.96 (PREDATORY  SEXUAL  ASSAULT  AGAINST  A  CHILD);  SECTION
135.05  (UNLAWFUL  IMPRISONMENT  IN  THE  SECOND DEGREE); SECTION 135.10
(UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN
THE SECOND DEGREE); SECTION  135.65  (COERCION  IN  THE  FIRST  DEGREE);
SECTION  140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY
IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN  THE  FIRST  DEGREE);
SECTION  145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05
(CRIMINAL MISCHIEF  IN  THE  THIRD  DEGREE);  SECTION  145.10  (CRIMINAL
MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
FIRST  DEGREE); SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE);
SECTION 215.50 (CRIMINAL CONTEMPT IN THE SECOND DEGREE); SECTION  215.51
(CRIMINAL  CONTEMPT  IN  THE  FIRST  DEGREE); SECTION 215.52 (AGGRAVATED
CRIMINAL CONTEMPT); SECTION 240.25 (HARASSMENT  IN  THE  FIRST  DEGREE);
SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN
THE SECOND DEGREE); AGGRAVATED FAMILY OFFENSE AS DEFINED IN THIS SECTION
OR  ANY  ATTEMPT  OR  CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES
WHERE THE DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS  COMMIT-
TED  WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
  3. THE PERSON AGAINST WHOM THE CURRENT SPECIFIED OFFENSE IS  COMMITTED
MAY  BE  DIFFERENT  FROM  THE PERSON AGAINST WHOM THE PREVIOUS SPECIFIED
OFFENSE WAS COMMITTED AND SUCH PERSONS DO NOT NEED TO BE MEMBERS OF  THE
SAME FAMILY OR HOUSEHOLD.
  AGGRAVATED FAMILY OFFENSE IS A CLASS E FELONY.
  S  2.  The  criminal  procedure law is amended by adding a new section
200.63 to read as follows:
S 200.63 INDICTMENT; SPECIAL INFORMATION FOR AGGRAVATED FAMILY OFFENSE.
  1. WHENEVER A PERSON IS  CHARGED  WITH  THE  COMMISSION  OR  ATTEMPTED
COMMISSION  OF AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75
OF THE PENAL LAW, AN INDICTMENT OR INFORMATION FOR SUCH OFFENSE SHALL BE
ACCOMPANIED BY A SPECIAL INFORMATION, FILED  BY  THE  DISTRICT  ATTORNEY
WITH  THE COURT, ALLEGING THAT THE DEFENDANT WAS PREVIOUSLY CONVICTED OF
A SPECIFIED OFFENSE AS DEFINED IN SUBDIVISION TWO OF SECTION  240.75  OF

A. 1986--B                          3

THE  PENAL  LAW,  THAT AT THE TIME OF THE PREVIOUS OFFENSE THE DEFENDANT
AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED  WERE  MEMBERS  OF
THE  SAME  FAMILY  OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11  OF  THIS  CHAPTER,  AND THAT SUCH PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW. EXCEPT AS PROVIDED HEREIN, THE PEOPLE MAY  NOT  REFER  TO
SUCH SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING
THE ALLEGATIONS THEREIN.
  2.  PRIOR  TO THE COMMENCEMENT OF THE TRIAL, THE COURT, IN THE ABSENCE
OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON SUCH INFORMATION AND ADVISE
HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGATION, DENY ANY  SUCH
ALLEGATION OR REMAIN MUTE WITH RESPECT TO ANY SUCH ALLEGATION. DEPENDING
UPON  THE  DEFENDANT'S RESPONSE, THE TRIAL OF THE INDICTMENT OR INFORMA-
TION MUST THEN PROCEED AS FOLLOWS:
  (A)(I) IF THE PREVIOUS CONVICTION IS FOR AN AGGRAVATED FAMILY  OFFENSE
AS  DEFINED IN SECTION 240.75 OF THE PENAL LAW, AND THE DEFENDANT ADMITS
THE PREVIOUS CONVICTION OR THAT IT TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED  IN  SUBDIVISION  ONE OF SECTION 240.75 OF THE PENAL LAW, SUCH
ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED  FOR  THE
PURPOSES  OF  THE  PRESENT PROSECUTION, INCLUDING SENTENCING PURSUANT TO
SECTION 70.00 OF THE PENAL LAW. THE COURT MUST SUBMIT THE  CASE  TO  THE
JURY  AS IF SUCH ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF
THE OFFENSE.
  (II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR  REMAINS  MUTE
WITH  RESPECT  TO  IT,  THE PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
  (III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK  PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE  PENAL  LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE
MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART  OF  THEIR
CASE,  THAT  THE  PREVIOUS  CONVICTION TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED.
  (B)(I) IF THE PREVIOUS  CONVICTION  IS  FOR  A  SPECIFIED  OFFENSE  AS
DEFINED  IN  SUBDIVISION  TWO  OF SECTION 240.75 OF THE PENAL LAW, OTHER
THAN AN AGGRAVATED FAMILY OFFENSE, AND THE DEFENDANT ADMITS SUCH  PREVI-
OUS  CONVICTION,  THAT IT TOOK PLACE WITHIN THE TIME PERIOD SPECIFIED IN
SUBDIVISION ONE OF SECTION 240.75 OF THE PENAL LAW, OR THAT THE  DEFEND-
ANT  AND  THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS
OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, SUCH ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE
DEEMED ESTABLISHED FOR THE PURPOSES OF THE PRESENT PROSECUTION,  INCLUD-
ING  SENTENCING  PURSUANT  TO  SECTION 70.00 OF THE PENAL LAW. THE COURT
MUST SUBMIT THE CASE TO THE JURY AS IF THE ADMITTED ALLEGATION OR  ALLE-
GATIONS WERE NOT ELEMENTS OF THE OFFENSE.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE,  BEYOND  A  REASONABLE  DOUBT,
THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 240.75 OF
THE PENAL LAW, OR REMAINS MUTE WITH RESPECT TO THAT MATTER,  THE  PEOPLE
MAY  PROVE,  BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF THEIR
CASE, THAT THE PREVIOUS CONVICTION TOOK PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED.
  (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT AND THE PERSON AGAINST
WHOM  THE PREVIOUS OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF  SECTION  530.11  OF  THIS

A. 1986--B                          4

CHAPTER,  OR  REMAINS  MUTE  WITH RESPECT TO THAT MATTER, THE PEOPLE MAY
PROVE, BEYOND A REASONABLE DOUBT, THAT ELEMENT OF THE OFFENSE BEFORE THE
JURY AS A PART OF THEIR CASE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A1986

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A1986 - Details

2011-A1986 - Summary

2011-A1986 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A1986A - Details

2011-A1986A - Summary

2011-A1986A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A1986B (ACTIVE) - Details

2011-A1986B (ACTIVE) - Summary

2011-A1986B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1986

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Jonathan Bing

Michelle Schimel

Alan Maisel

Aileen Gunther

multi-Sponsors

Peter Abbate

Nancy Calhoun

John Ceretto

Clifford Crouch

2011-A1986 - Details

2011-A1986 - Summary

2011-A1986 - Bill Text download pdf

co-Sponsors

Jonathan Bing

Michelle Schimel

Alan Maisel

Aileen Gunther

multi-Sponsors

Peter Abbate

Nancy Calhoun

John Ceretto

Clifford Crouch

2011-A1986A - Details

2011-A1986A - Summary

2011-A1986A - Bill Text download pdf

co-Sponsors

Michelle Schimel

Alan Maisel

Aileen Gunther

William Scarborough

multi-Sponsors

Peter Abbate

Nancy Calhoun

John Ceretto

Clifford Crouch

2011-A1986B (ACTIVE) - Details

2011-A1986B (ACTIVE) - Summary

2011-A1986B (ACTIVE) - Bill Text download pdf

Comments