Assembly Bill A698

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

                                 698--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND,
  DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN,  SCHIMEL,
  McDONOUGH,  P. RIVERA, ROSENTHAL, MOLINARO -- Multi-Sponsored by -- M.
  of A. BARRON, CAMARA, CROUCH,  GLICK,  GOTTFRIED,  MARKEY,  MAYERSOHN,
  PHEFFER, TITONE -- read once and referred to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal  procedure  law,  in  relation  to  certain
  domestic violence offenses

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

  Section 1. Subdivision 4 of section 170.10 of the  criminal  procedure
law is amended by adding a new paragraph (f) to read as follows:
  (F)   (I)   WHERE  AN  INFORMATION,  A  MISDEMEANOR  COMPLAINT,  OR  A
PROSECUTOR'S INFORMATION CHARGES ASSAULT OR  ATTEMPTED  ASSAULT  IN  THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING  OR  ATTEMPTED  MENACING  IN  THE  SECOND DEGREE, AS DEFINED IN
SECTIONS 120.14 AND 110.00 OF THE PENAL  LAW,  CRIMINAL  OBSTRUCTION  OF
BREATHING  OR  BLOOD  CIRCULATION  OR  ATTEMPTED CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE  TOUCHING,  AS
DEFINED  IN  SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY
SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING  THAT
THE  DEFENDANT: (A) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF
THE VICTIM, OR (B) SHARES A CHILD IN COMMON WITH THE VICTIM, OR  (C)  IS
COHABITATING  OR  HAS COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR
GUARDIAN, OR (D) IS OR WAS SIMILARLY SITUATED TO  A  SPOUSE,  PARENT  OR
GUARDIAN  OF  THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS
AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE
NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.

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

                                                           LBD02538-06-1

A. 698--A                           2

  (II) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR  IN
THE  COURSE  OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED TO OR SITU-
ATED TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF  THIS
PARAGRAPH.  IN  SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED.
IF  THE  DEFENDANT  DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL  BEAR  THE  BURDEN  OF
PROVING  THAT  THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF THE
OFFENSE AS ALLEGED IN THE NOTICE BY  PROOF  BEYOND  A  REASONABLE  DOUBT
DURING  THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A
DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN
WRITING.
  S 2. Subdivision 1 of section 180.10 of the criminal procedure law  is
amended to read as follows:
  1.  (A) Upon the defendant's arraignment before a local criminal court
upon a felony complaint, the court must immediately inform him  OR  HER,
or  cause  him  OR  HER to be informed in its presence, of the charge or
charges against  him  OR  HER  and  that  the  primary  purpose  of  the
proceedings  upon  such  felony  complaint  is  to determine whether the
defendant is to be held for the action of a grand jury with  respect  to
the charges contained therein. The court must furnish the defendant with
a copy of the felony complaint.
  (B)  WHERE  A FELONY COMPLAINT CHARGES ASSAULT OR ATTEMPTED ASSAULT IN
THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE  PENAL
LAW,  MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN
SECTIONS 120.14 AND 110.00 OF THE PENAL  LAW,  CRIMINAL  OBSTRUCTION  OF
BREATHING  OR  BLOOD  CIRCULATION  OR  ATTEMPTED CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE  TOUCHING,  AS
DEFINED  IN  SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY
SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING  THAT
THE  DEFENDANT: (I) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF
THE VICTIM, OR (II) SHARES A CHILD IN COMMON WITH THE VICTIM,  OR  (III)
IS  COHABITATING OR HAS COHABITED WITH THE VICTIM AS A SPOUSE, PARENT OR
GUARDIAN, OR (IV) IS OR WAS SIMILARLY SITUATED TO A  SPOUSE,  PARENT  OR
GUARDIAN  OF  THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS
AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE
NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
  (C) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING  OR  IN
THE  COURSE  OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED OR SITUATED
TO THE VICTIM OF THE OFFENSE DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE
DEFENDANT DENIES SUCH RELATIONSHIP TO  THE  VICTIM  AS  ALLEGED  IN  THE
NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVID-
ING  THAT  THE  DEFENDANT  IS  RELATED  OR SITUATED TO THE VICTIM OF THE
OFFENSE AS ALLEGED IN THE NOTICE BY  PROOF  BEYOND  A  REASONABLE  DOUBT
DURING  THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A
DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN
WRITING.
  S 3. Subdivision 2 of section 210.15 of the criminal procedure law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  (I)  WHERE AN INDICTMENT, CHARGES ASSAULT OR ATTEMPTED ASSAULT IN
THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE  PENAL
LAW,  MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN
SECTIONS 120.14 AND 110.00 OF THE PENAL  LAW,  CRIMINAL  OBSTRUCTION  OF
BREATHING  OR  BLOOD  CIRCULATION  OR  ATTEMPTED CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00

A. 698--A                           3

OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE  TOUCHING,  AS
DEFINED  IN  SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY
SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING  THAT
THE  DEFENDANT: (A) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF
THE VICTIM, OR (B) SHARES A CHILD IN COMMON WITH THE VICTIM, OR  (C)  IS
COHABITATING  OR  HAS COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR
GUARDIAN, OR (D) IS OR WAS SIMILARLY SITUATED TO  A  SPOUSE,  PARENT  OR
GUARDIAN  OF  THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS
AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE
NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
  (II) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR  IN
THE  COURSE  OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED OR SITUATED
TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED.    IF
THE  DEFENDANT  DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN THE
NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVING
THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF  THE  OFFENSE
AS  ALLEGED  IN THE NOTICE BY PROOF BEYOND A REASONABLE DOUBT DURING THE
TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL  MAKE  A  DETERMI-
NATION  WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRIT-
ING.
  S 4. The criminal procedure law is amended by  adding  a  new  section
380.97 to read as follows:
S 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF DETER-
           MINATIONS IN CERTAIN MISDEMEANORS.
  UPON  JUDGMENT  OF  CONVICTION  OF ASSAULT OR ATTEMPTED ASSAULT IN THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING OR ATTEMPTED MENACING IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTION  120.14  AND  110.00  OF  THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THE  PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, AND THE  DEFEND-
ANT  HAS BEEN DETERMINED TO BE EITHER A CURRENT OR FORMER SPOUSE, PARENT
OR GUARDIAN OF THE PERSON AGAINST WHOM SUCH OFFENSE  WAS  COMMITTED,  OR
THE  DEFENDANT SHARES A CHILD IN COMMON WITH SUCH PERSON, OR THE DEFEND-
ANT IS OR HAS COHABITATED WITH SUCH PERSON AS A SPOUSE, PARENT OR GUARD-
IAN, OR IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN  OF
SUCH  PERSON,  THE CLERK OF THE COURT SHALL INCLUDE NOTIFICATION OF THAT
DETERMINATION IN ANY REPORT OF SUCH CONVICTION TO THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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

                                 698--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND,
  DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN,  SCHIMEL,
  McDONOUGH,  P. RIVERA, ROSENTHAL, MOLINARO, ENGLEBRIGHT -- Multi-Spon-
  sored by -- M.   of  A.  BARRON,  CAMARA,  CROUCH,  GLICK,  GOTTFRIED,
  MARKEY,  PHEFFER, TITONE -- read once and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the  criminal  procedure law, in relation to certain
  domestic violence offenses

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

  Section  1.  Subdivision 4 of section 170.10 of the criminal procedure
law is amended by adding a new paragraph (f) to read as follows:
  (F)  (I)  WHERE  AN  INFORMATION,  A  MISDEMEANOR  COMPLAINT,   OR   A
PROSECUTOR'S  INFORMATION  CHARGES  ASSAULT  OR ATTEMPTED ASSAULT IN THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING OR ATTEMPTED MENACING IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTIONS  120.14  AND  110.00  OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THE  PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE  MAY,
FOR  THE  PURPOSE  OF  NOTIFICATION  TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO SECTION 380.97 OF  THIS  CHAPTER,  SERVE  UPON  THE
DEFENDANT  AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT:
(A) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM,  OR
(B)  SHARES A CHILD IN COMMON WITH THE VICTIM, OR (C) IS COHABITATING OR
HAS COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR  (D)

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

                                                           LBD02538-07-1

A. 698--B                           2

IS  OR  WAS  SIMILARLY  SITUATED  TO A SPOUSE, PARENT OR GUARDIAN OF THE
VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT
FOR SUCH CHARGE AND BEFORE TRIAL, AND  MUST  INCLUDE  THE  NAME  OF  THE
PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
  (II)  A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR IN
THE COURSE OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED TO  OR  SITU-
ATED  TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH. IN SUCH CASE, THE RELATIONSHIP SHALL BE  DEEMED  ESTABLISHED.
IF  THE  DEFENDANT  DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL  BEAR  THE  BURDEN  OF
PROVING  THAT  THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF THE
OFFENSE AS ALLEGED IN THE NOTICE BY  PROOF  BEYOND  A  REASONABLE  DOUBT
DURING  THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A
DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN
WRITING.
  S 2. Subdivision 1 of section 180.10 of the criminal procedure law  is
amended to read as follows:
  1.  (A) Upon the defendant's arraignment before a local criminal court
upon a felony complaint, the court must immediately inform him  OR  HER,
or  cause  him  OR  HER to be informed in its presence, of the charge or
charges against  him  OR  HER  and  that  the  primary  purpose  of  the
proceedings  upon  such  felony  complaint  is  to determine whether the
defendant is to be held for the action of a grand jury with  respect  to
the charges contained therein. The court must furnish the defendant with
a copy of the felony complaint.
  (B)  WHERE  A FELONY COMPLAINT CHARGES ASSAULT OR ATTEMPTED ASSAULT IN
THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE  PENAL
LAW,  MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN
SECTIONS 120.14 AND 110.00 OF THE PENAL  LAW,  CRIMINAL  OBSTRUCTION  OF
BREATHING  OR  BLOOD  CIRCULATION  OR  ATTEMPTED CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE  TOUCHING,  AS
DEFINED  IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY,
FOR THE PURPOSE OF NOTIFICATION TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  PURSUANT  TO  SECTION  380.97  OF THIS CHAPTER, SERVE UPON THE
DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE  DEFENDANT:
(I)  IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM, OR
(II) SHARES A CHILD IN COMMON WITH THE VICTIM, OR (III) IS  COHABITATING
OR  HAS  COHABITED  WITH  THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR
(IV) IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF THE
VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT
FOR SUCH CHARGE AND BEFORE TRIAL, AND  MUST  INCLUDE  THE  NAME  OF  THE
PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
  (C)  A  DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR IN
THE COURSE OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED  OR  SITUATED
TO THE VICTIM OF THE OFFENSE DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE
DEFENDANT  DENIES  SUCH  RELATIONSHIP  TO  THE  VICTIM AS ALLEGED IN THE
NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVID-
ING THAT THE DEFENDANT IS RELATED OR  SITUATED  TO  THE  VICTIM  OF  THE
OFFENSE  AS  ALLEGED  IN  THE  NOTICE BY PROOF BEYOND A REASONABLE DOUBT
DURING THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE  A
DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN
WRITING.
  S  3. Subdivision 2 of section 210.15 of the criminal procedure law is
amended by adding a new paragraph (d) to read as follows:

A. 698--B                           3

  (D) (I) WHERE AN INDICTMENT CHARGES ASSAULT OR  ATTEMPTED  ASSAULT  IN
THE  THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL
LAW, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED  IN
SECTIONS  120.14  AND  110.00  OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING  OR  BLOOD  CIRCULATION  OR  ATTEMPTED CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE  TOUCHING,  AS
DEFINED  IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY,
FOR THE PURPOSE OF NOTIFICATION TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  PURSUANT  TO  SECTION  380.97  OF THIS CHAPTER, SERVE UPON THE
DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE  DEFENDANT:
(A)  IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM, OR
(B) SHARES A CHILD IN COMMON WITH THE VICTIM, OR (C) IS COHABITATING  OR
HAS  COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR (D)
IS OR WAS SIMILARLY SITUATED TO A SPOUSE,  PARENT  OR  GUARDIAN  OF  THE
VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT
FOR  SUCH  CHARGE  AND  BEFORE  TRIAL,  AND MUST INCLUDE THE NAME OF THE
PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
  (II) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR  IN
THE  COURSE  OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED OR SITUATED
TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED.    IF
THE  DEFENDANT  DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN THE
NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVING
THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF  THE  OFFENSE
AS  ALLEGED  IN THE NOTICE BY PROOF BEYOND A REASONABLE DOUBT DURING THE
TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL  MAKE  A  DETERMI-
NATION  WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRIT-
ING.
  S 4. The criminal procedure law is amended by  adding  a  new  section
380.97 to read as follows:
S 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF DETER-
           MINATIONS IN CERTAIN MISDEMEANORS.
  UPON  JUDGMENT  OF  CONVICTION  OF ASSAULT OR ATTEMPTED ASSAULT IN THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING OR ATTEMPTED MENACING IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTION  120.14  AND  110.00  OF  THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THE  PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, AND THE  DEFEND-
ANT  HAS BEEN DETERMINED TO BE EITHER A CURRENT OR FORMER SPOUSE, PARENT
OR GUARDIAN OF THE PERSON AGAINST WHOM SUCH OFFENSE  WAS  COMMITTED,  OR
THE  DEFENDANT SHARES A CHILD IN COMMON WITH SUCH PERSON, OR THE DEFEND-
ANT IS OR HAS COHABITATED WITH SUCH PERSON AS A SPOUSE, PARENT OR GUARD-
IAN, OR IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN  OF
SUCH  PERSON,  THE CLERK OF THE COURT SHALL INCLUDE NOTIFICATION OF THAT
DETERMINATION IN ANY REPORT OF SUCH CONVICTION TO THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION
TO THE FEDERAL BUREAU OF INVESTIGATION AND ALLOW THE BUREAU TO  IDENTIFY
PERSONS  PROHIBITED FROM PURCHASING AND POSSESSING A FIREARM PURSUANT TO
THE PROVISIONS OF 18 U.S.C. 922.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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

                                 698--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND,
  DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN,  SCHIMEL,
  McDONOUGH,  P. RIVERA,  ROSENTHAL,  MOLINARO,  ENGLEBRIGHT,  LAVINE --
  Multi-Sponsored by -- M. of A. BARRON, CAMARA,  CROUCH,  GLICK,  GOTT-
  FRIED,  MARKEY,  TITONE  -- read once and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said  committee  --  again  reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  criminal  procedure law, in relation to certain
  domestic violence offenses

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

  Section  1.    The  criminal  procedure law is amended by adding a new
section 370.15 to read as follows:
S 370.15 PROCEDURE FOR DETERMINING WHETHER  CERTAIN  MISDEMEANOR  CRIMES
           ARE CRIMES OF DOMESTIC VIOLENCE FOR PURPOSES OF FEDERAL LAW.
  1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT OR ATTEMPTED ASSAULT
IN  THE  THIRD  DEGREE  AS  DEFINED IN SECTIONS 120.00 AND 110.00 OF THE
PENAL LAW, MENACING OR  ATTEMPTED  MENACING  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTIONS  120.14  AND  110.00  OF  THE  PENAL LAW, CRIMINAL
OBSTRUCTION OF BREATHING OR  BLOOD  CIRCULATION  OR  ATTEMPTED  CRIMINAL
OBSTRUCTION  OF  BREATHING  OR  BLOOD CIRCULATION AS DEFINED IN SECTIONS
121.11 AND 110.00 OF THE PENAL LAW, OR FORCIBLE  TOUCHING  OR  ATTEMPTED
FORCIBLE  TOUCHING AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL
LAW, THE PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN FIFTEEN DAYS  AFTER
ARRAIGNMENT, FOR THE PURPOSE OF NOTIFICATION TO THE DIVISION OF CRIMINAL
JUSTICE  SERVICES  PURSUANT TO SECTION 380.97 OF THIS PART, SERVE ON THE

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

                                                           LBD02538-11-1

A. 698--C                           2

DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT  THE  DEFENDANT
IS  RELATED  OR SITUATED TO THE VICTIM OF THE CRIME IN THE MANNER SPECI-
FIED IN 18 U.S.C.  921(A)(33)(A)(II).
  2.  SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE
VICTIM OF SUCH CRIME, SPECIFY THE NATURE OF THE ALLEGED RELATIONSHIP  AS
SET  FORTH IN 18 U.S.C.  921(A)(33)(A)(II), AND SET FORTH SPECIFIC FACTS
SUPPORTING SUCH ALLEGATION. UPON CONVICTION OF SUCH OFFENSE,  THE  COURT
SHALL  ADVISE  THE  DEFENDANT THAT HE OR SHE IS ENTITLED TO A HEARING ON
THE ALLEGATION CONTAINED IN THE NOTICE AND, IF NECESSARY, AN ADJOURNMENT
OF THE SENTENCING PROCEEDING IN ORDER TO PREPARE FOR SUCH  HEARING,  AND
THAT  IF SUCH ALLEGATION IS SUSTAINED, THAT DETERMINATION AND CONVICTION
WILL BE REPORTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED  IN  SUBDIVISION
TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
RECORD  OR  IN  WRITING,  THAT  HE  OR SHE IS RELATED OR SITUATED TO THE
VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF  THIS
SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
PURPOSES OF SECTION 380.97 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
OR  SHE  IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE  WITH  RESPECT  TO  SUCH
ALLEGATION,  THEN  THE  PEOPLE  SHALL  BEAR THE BURDEN TO PROVE BEYOND A
REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
IN THE MANNER ALLEGED IN THE NOTICE. AT THE CONCLUSION OF  THE  HEARING,
OR  UPON SUCH A STIPULATION OR ADMISSION, AS APPLICABLE, THE COURT SHALL
MAKE A SPECIFIC WRITTEN DETERMINATION WITH RESPECT TO SUCH ALLEGATION.
  S 2. The criminal procedure law is amended by  adding  a  new  section
380.97 to read as follows:
S 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF DETER-
           MINATIONS IN CERTAIN MISDEMEANOR CASES.
  UPON  JUDGMENT  OF  CONVICTION  OF ASSAULT OR ATTEMPTED ASSAULT IN THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING OR ATTEMPTED MENACING IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTION  120.14  AND  110.00  OF  THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THE  PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, WHEN THE DEFEND-
ANT HAS BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THIS PART, TO  BE
RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE IN THE MANNER SPECIFIED
IN  18  U.S.C.  921(A)(33)(A)(II),  THE CLERK OF THE COURT SHALL INCLUDE
NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION IN A REPORT OF SUCH
CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES  TO  ENABLE  THE
DIVISION  TO REPORT SUCH DETERMINATION TO THE FEDERAL BUREAU OF INVESTI-
GATION AND ASSIST THE BUREAU  IN  IDENTIFYING  PERSONS  PROHIBITED  FROM
PURCHASING  AND  POSSESSING  A  FIREARM PURSUANT TO THE PROVISIONS OF 18
U.S.C. 922.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to  crimes  committed  on  or
after such date.

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

                                 698--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND,
  DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN,  SCHIMEL,
  McDONOUGH,  P. RIVERA,  ROSENTHAL,  MOLINARO,  ENGLEBRIGHT,  LAVINE --
  Multi-Sponsored by -- M. of A. BARRON, CAMARA,  CROUCH,  GLICK,  GOTT-
  FRIED,  MARKEY,  TITONE  -- read once and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said  committee  --  again  reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee  -- 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  criminal  procedure law, in relation to certain
  domestic violence offenses

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

  Section  1.    The  criminal  procedure law is amended by adding a new
section 370.15 to read as follows:
S 370.15 PROCEDURE FOR DETERMINING WHETHER  CERTAIN  MISDEMEANOR  CRIMES
           ARE CRIMES OF DOMESTIC VIOLENCE FOR PURPOSES OF FEDERAL LAW.
  1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT OR ATTEMPTED ASSAULT
IN  THE  THIRD  DEGREE  AS  DEFINED IN SECTIONS 120.00 AND 110.00 OF THE
PENAL LAW, MENACING OR  ATTEMPTED  MENACING  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTIONS  120.14  AND  110.00  OF  THE  PENAL LAW, CRIMINAL
OBSTRUCTION OF BREATHING OR  BLOOD  CIRCULATION  OR  ATTEMPTED  CRIMINAL
OBSTRUCTION  OF  BREATHING  OR  BLOOD CIRCULATION AS DEFINED IN SECTIONS
121.11 AND 110.00 OF THE PENAL LAW, OR FORCIBLE  TOUCHING  OR  ATTEMPTED
FORCIBLE  TOUCHING AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL
LAW, THE PEOPLE MAY, AT ARRAIGNMENT OR NO  LATER  THAN  FORTY-FIVE  DAYS

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

                                                           LBD02538-12-1

A. 698--D                           2

AFTER  ARRAIGNMENT,  FOR  THE PURPOSE OF NOTIFICATION TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION 380.97 OF THIS PART, SERVE
ON THE DEFENDANT AND FILE WITH THE COURT  A  NOTICE  ALLEGING  THAT  THE
DEFENDANT  IS  RELATED  OR  SITUATED  TO  THE VICTIM OF THE CRIME IN THE
MANNER SPECIFIED IN 18 U.S.C.  921(A)(33)(A)(II).
  2. SUCH NOTICE SHALL INCLUDE THE NAME OF THE PERSON ALLEGED TO BE  THE
VICTIM  OF  SUCH  CRIME  AND  SHALL  SPECIFY  THE  NATURE OF THE ALLEGED
RELATIONSHIP AS SET  FORTH  IN  18  U.S.C.    921(A)(33)(A)(II).    UPON
CONVICTION OF SUCH OFFENSE, THE COURT SHALL ADVISE THE DEFENDANT THAT HE
OR  SHE  IS  ENTITLED  TO  A  HEARING ON THE ALLEGATION CONTAINED IN THE
NOTICE AND, IF NECESSARY, AN ADJOURNMENT OF THE SENTENCING PROCEEDING IN
ORDER TO PREPARE FOR SUCH  HEARING,  AND  THAT  IF  SUCH  ALLEGATION  IS
SUSTAINED,  THAT  DETERMINATION  AND  CONVICTION WILL BE REPORTED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  3. AFTER HAVING BEEN ADVISED BY THE COURT AS PROVIDED  IN  SUBDIVISION
TWO OF THIS SECTION, THE DEFENDANT MAY STIPULATE OR ADMIT, ORALLY ON THE
RECORD  OR  IN  WRITING,  THAT  HE  OR SHE IS RELATED OR SITUATED TO THE
VICTIM OF SUCH CRIME IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF  THIS
SECTION. IN SUCH CASE, SUCH RELATIONSHIP SHALL BE DEEMED ESTABLISHED FOR
PURPOSES OF SECTION 380.97 OF THIS PART. IF THE DEFENDANT DENIES THAT HE
OR  SHE  IS RELATED OR SITUATED TO THE VICTIM OF THE CRIME AS ALLEGED IN
THE NOTICE SERVED BY THE PEOPLE, OR STANDS MUTE  WITH  RESPECT  TO  SUCH
ALLEGATION,  THEN  THE  PEOPLE  SHALL  BEAR THE BURDEN TO PROVE BEYOND A
REASONABLE DOUBT THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM
IN THE MANNER ALLEGED IN THE NOTICE.   THE COURT MAY  CONSIDER  RELIABLE
HEARSAY  EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT IS RELEVANT
TO THE DETERMINATION OF THE ALLEGATION. FACTS PREVIOUSLY PROVEN AT TRIAL
OR ELICITED AT THE TIME OF ENTRY OF A PLEA OF  GUILTY  SHALL  BE  DEEMED
ESTABLISHED  BEYOND A REASONABLE DOUBT AND SHALL NOT BE RELITIGATED.  AT
THE CONCLUSION OF THE HEARING, OR UPON SUCH A STIPULATION OR  ADMISSION,
AS  APPLICABLE,  THE  COURT  SHALL MAKE A SPECIFIC WRITTEN DETERMINATION
WITH RESPECT TO SUCH ALLEGATION.
  S 2. The criminal procedure law is amended by  adding  a  new  section
380.97 to read as follows:
S 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF DETER-
           MINATIONS IN CERTAIN MISDEMEANOR CASES.
  UPON  JUDGMENT  OF  CONVICTION  OF ASSAULT OR ATTEMPTED ASSAULT IN THE
THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW,
MENACING OR ATTEMPTED MENACING IN  THE  SECOND  DEGREE,  AS  DEFINED  IN
SECTION  120.14  AND  110.00  OF  THE PENAL LAW, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION  OR  ATTEMPTED  CRIMINAL  OBSTRUCTION  OF
BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF  THE  PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS
DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, WHEN THE DEFEND-
ANT HAS BEEN DETERMINED, PURSUANT TO SECTION 370.15 OF THIS PART, TO  BE
RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE IN THE MANNER SPECIFIED
IN  18  U.S.C.  921(A)(33)(A)(II),  THE CLERK OF THE COURT SHALL INCLUDE
NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION IN A REPORT OF SUCH
CONVICTION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES  TO  ENABLE  THE
DIVISION  TO REPORT SUCH DETERMINATION TO THE FEDERAL BUREAU OF INVESTI-
GATION AND ASSIST THE BUREAU  IN  IDENTIFYING  PERSONS  PROHIBITED  FROM
PURCHASING  AND  POSSESSING  A  FIREARM PURSUANT TO THE PROVISIONS OF 18
U.S.C. 922.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to  crimes  committed  on  or
after such date.