Senate Bill S2180

2011-2012 Legislative Session

Establishes domestic abuse offenses for the harassment or assault of a member of the same family or household

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 18, 2011	referred to codes

co-Sponsors

2011-S2180 (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 2009-2010 Legislative Session:: S7326

2011-S2180 (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 pleads guilty to a felony domestic abuse offense, for the purpose of receiving and completing appropriate treatment.

2011-S2180 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2180

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
class E felony of Domestic Abuse in the First Degree. The criminal
procedure law is amended by adding a new article 217, which provides
for deferral of sentencing in felony domestic abuse cases.

JUSTIFICATION:

Currently, police are not permitted to effectuate an arrest in
domestic situations where the victim has been subjected to a course
of continual harassment or physical contact which did not impair
physical condition or cause substantial pain unless the physical
contact occurred in the presence of the police. By elevating physical
contact between those in a domestic relationship from a violation to
a crime, the police will be mandated to make an arrest. Typically,
such offenses occur out of the presence of police, thus preventing
them from making an arrest under current law.

Presently, physical injury committed against a family member or
intimate partner is punishable as a misdemeanor, even when the abuser
repeatedly assaults the victim. The creation of the felony of
domestic abuse in the first degree increases the scope of punishment
and provides a greater deterrent to those who commit serious domestic
abuse or who are repeat offenders.

Many victims of domestic violence would prefer to have their partner
undergo treatment rather than serve time in jail. Under current law
there is no mechanism for a judge to accept a domestic abuser's
guilty plea and then defer sentence to determine whether the abuser
can successfully complete a court-ordered treatment program. This new
law would expand sentencing options by providing criminal justice


motivation for offenders to complete court-ordered corrective
programs. The proposed law provides a process whereby the offender
can plead guilty to the most serious offense involved in the domestic
abuse case and, with the permission of the judge and consent of the
People, undergo treatment and education programs. Thereafter, if the
offender successfully completes these programs as ordered by the
court, the initial guilty plea may be withdrawn with consent of the
prosecutor and the defendant will be allowed to plead guilty to a
lesser charge carrying a reduced penalty in satisfaction of the case.

LEGISLATIVE HISTORY:

S.7236 of 2010:  Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

First day of November next succeeding the date on which it shall have
become a law.

2011-S2180 (ACTIVE) - Bill Text download pdf

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

                                  2180

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  LITTLE,  RANZENHOFER  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05122-01-1

S. 2180                             2

CRIMINAL PROCEDURE LAW, HE OR SHE CAUSES SUCH INJURY TO SUCH  MEMBER  OF
THE SAME FAMILY OR HOUSEHOLD OR TO A THIRD PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES 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; OR
  3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES  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 BY MEANS OF A DEADLY WEAPON
OR A DANGEROUS INSTRUMENT; OR
  4. HE OR SHE RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A SUBSTANTIAL
RISK OF SERIOUS PHYSICAL INJURY TO A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED BY SUBDIVISION ONE OF SECTION  530.11  OF  THE  CRIMINAL
PROCEDURE LAW; OR
  5.  HE OR SHE COMMITS THE CRIME OF DOMESTIC ABUSE IN THE SECOND DEGREE
AND HAS PREVIOUSLY BEEN CONVICTED OF SUCH OFFENSE OR A VIOLATION OF THIS
SECTION WITHIN THE PRECEDING FIVE YEARS.
  DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. The criminal procedure law is amended by adding a new article 217
to read as follows:
                                ARTICLE 217
                         DEFERRAL OF SENTENCING
                           FOR FELONY DOMESTIC
                                  ABUSE
SECTION 217.00 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
S 217.00 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
  1.  UPON A GUILTY PLEA BY A DEFENDANT TO DOMESTIC ABUSE IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  120.85  OF  THE PENAL LAW AND UPON THE
DEFENDANT'S CONSENT THERETO, THE COURT MAY ORDER THAT THE  SENTENCE  FOR
SUCH  OFFENSE  BE  DEFERRED  FOR  THE PURPOSE OF THE DEFENDANT'S PARTIC-
IPATION IN A  COURT-APPROVED  DOMESTIC  VIOLENCE  AND  ANGER  MANAGEMENT
PROGRAM,  OR  FOR  TREATMENT  FOR SUBSTANCE ABUSE OR DEPENDENCE, ALCOHOL
ABUSE OR DEPENDENCE, AND ANY  CO-OCCURRING  MENTAL  DISORDER  OR  MENTAL
ILLNESS. UPON THE SUCCESSFUL COMPLETION OF SUCH PROGRAM OR TREATMENT AND
THE  CONSENT OF THE PEOPLE, AND WITH REASONABLE NOTICE TO THE VICTIM AND
AN OPPORTUNITY FOR THE VICTIM TO BE HEARD,  THE  COURT  MAY  PERMIT  THE
DEFENDANT  TO  WITHDRAW  HIS  OR HER PLEA TO DOMESTIC ABUSE IN THE FIRST
DEGREE.
  2. NOTHING IN THIS  ARTICLE  SHALL  BE  CONSTRUED  AS  RESTRICTING  OR
PROHIBITING  A COURT OR THE PEOPLE FROM USING OTHER LAWFUL PROCEDURES OR
MODELS FOR PLACING APPROPRIATE PERSONS INTO ALCOHOL OR  SUBSTANCE  ABUSE
TREATMENT.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2180

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2011-S2180 (ACTIVE) - Details

2011-S2180 (ACTIVE) - Summary

2011-S2180 (ACTIVE) - Sponsor Memo

2011-S2180 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Betty Little

Thomas F. O'Mara

Michael H. Ranzenhofer

2011-S2180 (ACTIVE) - Details

2011-S2180 (ACTIVE) - Summary

2011-S2180 (ACTIVE) - Sponsor Memo

2011-S2180 (ACTIVE) - Bill Text download pdf

Comments