S T A T E O F N E W Y O R K
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8665
2011-2012 Regular Sessions
I N A S S E M B L Y
October 14, 2011
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Introduced by M. of A. STEVENSON -- Multi-Sponsored by -- M. of A.
ARROYO, CRESPO, McDONOUGH, P. RIVERA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to enacting the DeAnna Bazemore act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "DeAnna
Bazemore act."
S 2. The penal law is amended by adding a new title Y-2 to read as
follows:
TITLE Y-2
DOMESTIC VIOLENCE OFFENSE
ARTICLE 495
DOMESTIC VIOLENCE OFFENSE
SECTION 495.00 DOMESTIC VIOLENCE OFFENSE.
495.05 SENTENCING.
S 495.00 DOMESTIC VIOLENCE OFFENSE.
1. A PERSON IS GUILTY OF A DOMESTIC VIOLENCE OFFENSE WHEN SUCH PERSON
COMMITS A SPECIFIED OFFENSE AS DEFINED IN SUBDIVISION TWO OF THIS
SECTION AND THE VICTIM IS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD. FOR
PURPOSES OF THIS ARTICLE, A MEMBER OF THE SAME FAMILY OR HOUSEHOLD SHALL
MEAN THE FOLLOWING INDIVIDUALS:
(A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
(B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
(C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
(D) PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13438-02-1
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(E) UNRELATED PERSONS WHO ARE CONTINUALLY OR AT REGULAR INTERVALS
LIVING IN THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER: SUBDIVISION ONE, TWO, FOUR, EIGHT, NINE OR
TWELVE OF SECTION 120.05 (ASSAULT IN THE SECOND DEGREE); SUBDIVISION
ONE, TWO OR THREE OF SECTION 120.10 (ASSAULT IN THE FIRST DEGREE);
SECTION 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS
OLD); SECTION 120.25 (RECKLESS ENDANGERMENT IN THE FIRST DEGREE);
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); SECTION 125.20 (MANSLAUGHTER IN THE
FIRST DEGREE); SUBDIVISION ONE, TWO, FOUR OR FIVE OF SECTION 125.25
(MURDER IN THE SECOND DEGREE); SUBDIVISION ONE OF SECTION 130.35 (RAPE
IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL
ACT IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.65 (SEXUAL
ABUSE IN THE FIRST DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE);
SECTION 135.20 (KIDNAPPING IN THE SECOND DEGREE); PARAGRAPH (A), (B) OR
(C) OF SUBDIVISION TWO OF SECTION 135.25 (KIDNAPPING IN THE FIRST
DEGREE); OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
S 495.05 SENTENCING.
1. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE OFFENSE PURSUANT
TO THIS ARTICLE, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE,
AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE DOMESTIC VIOLENCE
OFFENSE SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
2. WHEN A PERSON, WHO HAS BEEN PREVIOUSLY CONVICTED OF A DOMESTIC
VIOLENCE OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE WAS
A MISDEMEANOR, IS CONVICTED OF ANOTHER DOMESTIC VIOLENCE OFFENSE PURSU-
ANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR, THE
COURT SHALL IMPOSE A SENTENCE OF IMPRISONMENT FOR A PERIOD OF NO LESS
THAN SIX MONTHS.
3. WHEN A PERSON, WHO HAS BEEN PREVIOUSLY CONVICTED OF TWO DOMESTIC
VIOLENCE OFFENSES PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSES
WERE MISDEMEANORS, IS CONVICTED OF ANOTHER DOMESTIC VIOLENCE OFFENSE
PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR, THE
COURT SHALL IMPOSE A SENTENCE OF IMPRISONMENT FOR A PERIOD OF NO LESS
THAN ONE YEAR.
4. WHEN A PERSON, WHO HAS BEEN PREVIOUSLY CONVICTED OF THREE OR MORE
DOMESTIC VIOLENCE OFFENSES PURSUANT TO THIS ARTICLE AND THE SPECIFIED
OFFENSES WERE MISDEMEANORS, IS CONVICTED OF ANOTHER DOMESTIC VIOLENCE
OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDE-
MEANOR, THE DOMESTIC VIOLENCE OFFENSE SHALL BE DEEMED TO BE A CLASS D
FELONY, AND THE PERSON SHALL BE SENTENCED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 70.00 OF THIS CHAPTER OR SECTION 70.06, WHICHEVER
IS APPLICABLE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED OF A DOMESTIC VIOLENCE OFFENSE PURSUANT TO THIS
ARTICLE AND THE SPECIFIED OFFENSE IS A FELONY, THE COURT SHALL IMPOSE AN
ADDITIONAL CONSECUTIVE SENTENCE OF FIVE TO TEN YEARS TO THE MINIMUM TERM
OF AN INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING FELONY OFFENSE,
PROVIDED, HOWEVER, THAT SUCH ADDITIONAL SENTENCE SHALL NOT BE IMPOSED IF
THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME
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AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, FINDS ON THE RECORD
THAT SUCH ADDITIONAL CONSECUTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT
NOT IMPOSING SUCH SENTENCE WOULD BE CONSISTENT WITH THE PUBLIC SAFETY
AND WOULD NOT DEPRECATE THE SERIOUSNESS OF THE CRIME.
S 3. Subdivision 4 of section 200.50 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
4. A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the district attor-
ney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and provided further that in any prosecution under
section 130.91 of the penal law, the designated offense shall be the
specified offense, as defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated felony"[;
and] PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER ARTICLE FOUR HUNDRED
NINETY-FIVE OF THE PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE SPECI-
FIED OFFENSE, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF THE
PENAL LAW, FOLLOWED BY THE PHRASE "AS A DOMESTIC VIOLENCE OFFENSE"; AND
S 4. Subdivision 7 of section 200.50 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
(F) IN THE CASE OF ANY DOMESTIC VIOLENCE OFFENSE AS DEFINED IN SECTION
495.00 OF THE PENAL LAW, SPECIFIES THAT THE PERSON AGAINST WHOM THE
OFFENSE WAS COMMITTED OR INTENDED TO BE COMMITTED WAS A MEMBER OF THE
SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN SUBDIVISION ONE
OF SECTION 495.00 OF THE PENAL LAW; AND
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.