senate Bill S3666C

2011-2012 Legislative Session

Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offenses and designates such offenses as family offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2012 print number 3666c
amend (t) and recommit to codes
Mar 29, 2012 print number 3666b
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
Jun 03, 2011 print number 3666a
amend and recommit to codes
Mar 01, 2011 referred to codes

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S3666 - Bill Details

See Assembly Version of this Bill:
A5890C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80 & 120.85, Pen L; add §200.63, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act

S3666 - Bill Texts

view summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

view sponsor memo
BILL NUMBER:S3666

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing domestic abuse
offenses; to amend the criminal procedure law, in relation to providing
for deferral of sentencing felony domestic abuse offenses; and to amend
the criminal procedure law and the family court act, in relation to
granting family courts and criminal courts concurrent jurisdiction over
domestic abuse offenses

PURPOSE:
To establish domestic abuse offenses, provides for deferral of
sentencing for felony domestic abuse offenses and grants family
courts concurrent jurisdiction.

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding three new sections
120.75, 120.80 and 120.85.

Section two amends the criminal procedure law by adding a new section
216.10.

Section three amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law, as amended by chapter 405 of
the laws of 2010.

Section four amends the opening paragraph of subdivision 1 of section
812 of the family court act, as separately amended chapters 341 and
405 of the laws of 2010.

Section five is the effective date.

JUSTIFICATION:
Presently, conduct that qualifies only as harassment committed against
a family member or intimate partner but that results in physical
injury is punishable as a mere violation. The creation of the crime
of domestic abuse in the second degree increases the scope of
punishment of those whose conduct results in physical injury to a
family member or domestic partner, thereby providing a greater
deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a family member or intimate partner that results in
physical injury. Such conduct time and again leads to
more and more serious assaults, serious physical injury and perhaps
death. The creation of the felony of domestic abuse in the first
degree increases the scope of punishment and provides a greater
deterrent for those who commit serious domestic abuse or who are
repeat offenders.

In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the misdemeanor
of domestic abuse in the second degree for offenses in which physical
injury is caused in the context of a domestic relationship, New York
will join the many other states that are able to track misdemeanor


domestic violence crimes and report such convictions to the FBI. That
change will enable enforcement of federal laws prohibiting sale of
firearms to those who have been convicted of a misdemeanor crime of
domestic violence.

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 expands 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 maybe withdrawn with consent of the
prosecutor and defendant will be allowed to plead guilty to a lesser
charge carrying a reduced penalty in satisfaction of case.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3666

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced  by  Sen.  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;  to  amend the criminal procedure law, in relation to
  providing for deferral of sentencing felony domestic  abuse  offenses;
  and  to  amend the criminal procedure law and the family court act, in
  relation to granting family  courts  and  criminal  courts  concurrent
  jurisdiction over domestic abuse offenses

  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 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
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  ANOTHER  PERSON  WHO  IS  HIS  OR  HER
SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC
PARTNER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH OTHER PERSON.
  DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09575-01-1

S. 3666                             2

  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
  1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON WHO IS HIS
OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
DOMESTIC  PARTNER,  HE OR SHE CAUSES SUCH INJURY TO SUCH OTHER PERSON OR
TO A THIRD PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO HIS  OR  HER
SPOUSE,  FORMER SPOUSE, FELLOW PARENT OF A CHILD IN A COMMON OR DOMESTIC
PARTNER; OR
  3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY  TO  HIS
OR  HER  SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS THE CRIME OF DOMESTIC ABUSE IN THE SECOND DEGREE,
AS DEFINED IN SECTION 120.80 OF THIS ARTICLE, AND HE OR SHE  HAS  PREVI-
OUSLY  BEEN  CONVICTED  OF  A  VIOLATION OF SUCH SECTION OR 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  section
216.10 to read as follows:
S 216.10 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
  1. UPON A PLEA OF GUILTY TO THE OFFENSE OF DOMESTIC ABUSE IN THE FIRST
DEGREE,  AS  DEFINED  IN SECTION 120.85 OF THE PENAL LAW, BY A DEFENDANT
AND UPON SUCH DEFENDANT'S CONSENT  THERETO,  THE  COURT  MAY  ORDER  THE
SENTENCE FOR SUCH OFFENSE BE DEFERRED FOR THE PURPOSE OF THE DEFENDANT'S
PARTICIPATION IN A COURT APPROVED DOMESTIC VIOLENCE AND ANGER MANAGEMENT
PROGRAM,  OR TREATMENT FOR SUBSTANCE AND/OR ALCOHOL ABUSE AND DEPENDENCE
AND ANY RELATED MENTAL DISEASE OR DISORDER. UPON  SUCCESSFUL  COMPLETION
OF  ANY SUCH COURT ORDERED PROGRAM OR TREATMENT, UPON THE CONSENT OF THE
PEOPLE, AND UPON REASONABLE NOTICE TO THE VICTIM AND AN OPPORTUNITY  FOR
THE  VICTIM  TO BE HEARD, THE COURT MAY AUTHORIZE THE DEFENDANT TO WITH-
DRAW HIS OR HER PLEA OF GUILTY TO DOMESTIC ABUSE IN THE FIRST DEGREE.
  2. NO PROVISION OF THIS ARTICLE SHALL BE DEEMED TO RESTRICT OR PROHIB-
IT ANY COURT FROM ORDERING OR THE PEOPLE FROM RECOMMENDING  THE  USE  OF
OTHER  LAWFUL  PROCEDURES  OR  MODELS FOR PLACING APPROPRIATE DEFENDANTS
INTO ALCOHOL OR SUBSTANCE ABUSE TREATMENT PROGRAMS.
  S 3. The opening paragraph of subdivision 1 of section 530.11  of  the
criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless  endangerment,  strangulation  in  the  first
degree,  strangulation  in  the  second  degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree or an  attempted  assault  between  spouses  or  former
spouses,  or  between  parent  and  child or between members of the same
family or household except that if the respondent would not be criminal-
ly responsible by reason of age pursuant to section 30.00 of  the  penal
law,  then  the family court shall have exclusive jurisdiction over such
proceeding. Notwithstanding a complainant's election to proceed in fami-

S. 3666                             3

ly court, the criminal court shall not be divested  of  jurisdiction  to
hear  a family offense proceeding pursuant to this section. For purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same fami-
ly  or  household"  with  respect to a proceeding in the criminal courts
shall mean the following:
  S 4. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation between spouses or former spouses,
or between parent and child or between members of  the  same  family  or
household  except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law,  then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding  pursuant
to  this  article,  a  court  shall  not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events  alleged
are  not  relatively  contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion  of  the  dispositional
hearing.  For  purposes  of  this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this  article,
"members of the same family or household" shall mean the following:
  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.

Co-Sponsors

S3666A - Bill Details

See Assembly Version of this Bill:
A5890C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80 & 120.85, Pen L; add §200.63, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act

S3666A - Bill Texts

view summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

view sponsor memo
BILL NUMBER:S3666A

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing domestic abuse
offenses; to amend the criminal procedure law, in relation to providing
for deferral of sentencing felony domestic abuse offenses; and to amend
the criminal procedure law and the family court act, in relation to
granting family courts and criminal courts concurrent jurisdiction over
domestic abuse offenses

PURPOSE:
To establish domestic abuse offenses, provides for deferral of
sentencing for felony domestic abuse offenses and grants family
courts concurrent jurisdiction.

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding three new sections 120.75,
120.80 and 120.85.

Section two amends the criminal procedure law by adding a new section
216.10.

Section three amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law, as amended by chapter 405 of
the laws of 2010.

Section four amends the opening paragraph of subdivision 1 of section
812 of the family court act, as separately amended chapters 341 and
405 of the laws of 2010.

Section five is the effective date.

JUSTIFICATION:
Presently, conduct that qualifies only as harassment committed against
a family member or intimate partner but that results in physical
injury is punishable as a mere violation. The creation of the crime
of domestic abuse in the second degree increases the scope of
punishment of those whose conduct results in physical injury to a
family member or domestic partner, thereby providing a greater
deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a family member or intimate partner that results in
physical injury. Such conduct time and again leads to
more and more serious assaults, serious physical injury and perhaps
death. The creation of the felony of domestic abuse in the first
degree increases the scope of punishment and provides a greater
deterrent for those who commit serious domestic abuse or who are
repeat offenders.

In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the misdemeanor
of domestic abuse in the second degree for offenses in which physical
injury is caused in the context of a domestic relationship, New York
will join the many other states that are able to track misdemeanor


domestic violence crimes and report such convictions to the FBI. That
change will enable enforcement of federal laws prohibiting sale of
firearms to those who have been convicted of a misdemeanor crime of
domestic violence.

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 expands 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 defendant will be allowed to plead guilty to a
lesser charge carrying a reduced penalty in satisfaction of case.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3666--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law,  in  relation  to  establishing  domestic
  abuse  offenses;  to  amend the criminal procedure law, in relation to
  providing for deferral of sentencing felony domestic  abuse  offenses;
  and  to  amend the criminal procedure law and the family court act, in
  relation to granting family  courts  and  criminal  courts  concurrent
  jurisdiction over domestic abuse offenses

  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 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
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  ANOTHER  PERSON  WHO  IS  HIS  OR  HER
SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC
PARTNER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH OTHER PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09575-02-1

S. 3666--A                          2

  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 ANOTHER PERSON WHO IS HIS
OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
DOMESTIC  PARTNER,  HE OR SHE CAUSES SUCH INJURY TO SUCH OTHER PERSON OR
TO A THIRD PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO HIS  OR  HER
SPOUSE,  FORMER SPOUSE, FELLOW PARENT OF A CHILD IN A COMMON OR DOMESTIC
PARTNER; OR
  3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY  TO  HIS
OR  HER  SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS THE CRIME OF DOMESTIC ABUSE IN THE SECOND DEGREE,
AS DEFINED IN SECTION 120.80 OF THIS ARTICLE, AND HE OR SHE  HAS  PREVI-
OUSLY  BEEN  CONVICTED  OF  A  VIOLATION OF SUCH SECTION OR 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  section
216.10 to read as follows:
S 216.10 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
  1.  UPON  A  PLEA  OF  GUILTY TO THE OFFENSES OF DOMESTIC ABUSE IN THE
FIRST DEGREE, AS DEFINED IN SECTION 120.85 OF THE PENAL LAW, AND  DOMES-
TIC  ABUSE  IN  THE  SECOND DEGREE, AS DEFINED IN SECTION 120.80 OF SUCH
LAW, BY A DEFENDANT AND UPON SUCH DEFENDANT'S CONSENT THERETO, THE COURT
MAY ORDER THE SENTENCE FOR SUCH OFFENSE BE DEFERRED FOR THE  PURPOSE  OF
THE  DEFENDANT'S PARTICIPATION IN A COURT APPROVED DOMESTIC VIOLENCE AND
ANGER MANAGEMENT PROGRAM, OR  TREATMENT  FOR  SUBSTANCE  AND/OR  ALCOHOL
ABUSE  AND  DEPENDENCE  AND ANY RELATED MENTAL DISEASE OR DISORDER. UPON
SUCCESSFUL COMPLETION OF ANY SUCH COURT ORDERED  PROGRAM  OR  TREATMENT,
UPON THE CONSENT OF THE PEOPLE, AND UPON REASONABLE NOTICE TO THE VICTIM
AND  AN  OPPORTUNITY FOR THE VICTIM TO BE HEARD, THE COURT MAY AUTHORIZE
THE DEFENDANT TO WITHDRAW HIS OR HER PLEA OF GUILTY TO DOMESTIC ABUSE IN
THE FIRST DEGREE.
  2. NO PROVISION OF THIS ARTICLE SHALL BE DEEMED TO RESTRICT OR PROHIB-
IT ANY COURT FROM ORDERING OR THE PEOPLE FROM RECOMMENDING  THE  USE  OF
OTHER  LAWFUL  PROCEDURES  OR  MODELS FOR PLACING APPROPRIATE DEFENDANTS
INTO ALCOHOL OR SUBSTANCE ABUSE TREATMENT PROGRAMS.
  S 3. The opening paragraph of subdivision 1 of section 530.11  of  the
criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless  endangerment,  strangulation  in  the  first
degree,  strangulation  in  the  second  degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree or an  attempted  assault  between  spouses  or  former
spouses,  or  between  parent  and  child or between members of the same

S. 3666--A                          3

family or household except that if the respondent would not be criminal-
ly responsible by reason of age pursuant to section 30.00 of  the  penal
law,  then  the family court shall have exclusive jurisdiction over such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly  court,  the  criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For  purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same fami-
ly  or  household"  with  respect to a proceeding in the criminal courts
shall mean the following:
  S 4. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation between spouses or former spouses,
or between parent and child or between members of  the  same  family  or
household  except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law,  then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding  pursuant
to  this  article,  a  court  shall  not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events  alleged
are  not  relatively  contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion  of  the  dispositional
hearing.  For  purposes  of  this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this  article,
"members of the same family or household" shall mean the following:
  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.

Co-Sponsors

S3666B - Bill Details

See Assembly Version of this Bill:
A5890C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80 & 120.85, Pen L; add §200.63, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act

S3666B - Bill Texts

view summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

view sponsor memo
BILL NUMBER:S3666B

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing domestic abuse
offenses; to amend the criminal procedure law, in relation to providing
for a special information in the indictment of certain
felony domestic abuse offenses and procedures for determining whether
domestic abuse misdemeanors are crimes of domestic violence for
purposes of federal law;
and to amend
the criminal procedure law and the family court act, in relation to
granting family courts and criminal courts concurrent jurisdiction over
domestic abuse offenses

PURPOSE:
Adds two new crimes to the penal law to create the crimes of Domestic
Abuse in the First Degree [P.L. §120.85] and Domestic Abuse in the
Second Degree [P.L. §120.80], and adds a new section 200.63 to the
criminal procedure law to provide for the filing of a special
information for repeat offenders. Also amends existing laws,
including sections 370.15, 380.97, and 530.11(1) of the criminal
procedure law and section 812 of the family court act, to include
domestic abuse in the first and second degrees as family offenses.

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding three new sections 120.75,
120.80 and 120.85.

Section two amends the criminal procedure law by adding a new section
200.63.

Section three amends subdivision 1 of section 370.15 of the criminal
procedure law, as added by chapter 258 of the laws of 2011.

Section four amends section 380.97 of the criminal procedure law, as
added by chapter 258 of the laws of 2011.

Section five amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law, as amended by chapter 405 of
the laws of 2010.

Section six amends the opening paragraph of subdivision 1 of section
812 of the family court act, as separately amended by chapter 341 and
405 of the laws of 2010.

Section seven is the effective date.

JUSTIFICATION:
Presently, conduct that qualifies only as harassment committed against
a spouse or intimate partner but that results in physical injury is

punishable as a mere violation. The creation of the crime of domestic
abuse in the second degree increases the scope of punishment of those
who cause physical injury to a spouse or intimate partner, thereby
providing a greater deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a spouse or intimate partner that results in physical
injury. Such conduct time and again leads to more and more serious
assaults, serious physical injury and perhaps death. The creation of
the felony of domestic abuse in the first degree increases the scope
of punishment and provides a greater deterrent for those who commit
serious domestic abuse or who are repeat offenders.

In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the crime of
domestic abuse for offenses in which physical injury is caused in the
context of a domestic relationship, New York will join the many other
states that are able to track domestic violence, in order to address
one of the most under reported crimes in New York State. That change
will enable enforcement of federal laws prohibiting sale of firearms
to those who have been convicted of a misdemeanor crime of domestic
violence.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3666--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal law, in relation to establishing domestic
  abuse offenses; to amend the criminal procedure law,  in  relation  to
  providing for a special information in the indictment of certain felo-
  ny  domestic  abuse  offenses  and  procedures for determining whether
  domestic abuse  misdemeanors  are  crimes  of  domestic  violence  for
  purposes  of  federal law; and to amend the criminal procedure law and
  the family court act, in relation to granting family courts and crimi-
  nal courts concurrent jurisdiction over domestic abuse offenses

  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 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR  HAS  LIVED
TOGETHER  WITH  ANOTHER  PERSON  FOR AN EXTENDED DURATION IN AN INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2. "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS  A
CHILD  IN  COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER SUCH PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3. "FORMER SPOUSE" SHALL MEAN A PERSON  FORMERLY  MARRIED  TO  ANOTHER
PERSON  REGARDLESS  OF  WHETHER  SUCH  PERSONS  STILL RESIDE IN THE SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
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  HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR SHE CAUSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09575-04-2

S. 3666--B                          2

PHYSICAL INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD
IN COMMON OR DOMESTIC PARTNER.
  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 HIS OR HER SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC  PARTNER,  HE  OR
SHE CAUSES SUCH INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A
CHILD IN COMMON OR DOMESTIC PARTNER, OR TO A THIRD PERSON; OR
  2.  HE  OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO HIS OR HER
SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN  COMMON  OR  DOMESTIC
PARTNER; OR
  3.  WITH  CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO HIS
OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS A CRIME AGAINST HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW  PARENT  OF  A CHILD IN COMMON OR DOMESTIC PARTNER, AND HE OR SHE
HAS PREVIOUSLY BEEN CONVICTED OF A CRIME  AGAINST  HIS  OR  HER  SPOUSE,
FORMER  SPOUSE,  FELLOW  PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER
WITHIN THE PRECEDING FIVE YEARS. THE PERSON AGAINST  WHOM  A  CRIME  HAS
BEEN COMMITTED FOR PURPOSES OF CULPABILITY UNDER THIS SUBDIVISION MAY BE
A  DIFFERENT  PERSON THAN WHOM THE PREDICATE CRIME WAS COMMITTED AGAINST
DURING THE PRECEDING FIVE YEARS. FOR PURPOSES OF THIS  SUBDIVISION,  ANY
PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE COMMISSION OF ANY PREVIOUS CRIMES AND THE  COMMISSION
OF THE CRIME IN VIOLATION OF THIS SUBDIVISION SHALL BE EXCLUDED AND SUCH
FIVE  YEAR  PERIOD  SHALL  BE  EXTENDED  BY THE PERIOD OR PERIOD OF TIME
DURING WHICH THE DEFENDANT WAS INCARCERATED.
  DOMESTIC ABUSE IN THE FIRST DEGREE 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 DOMESTIC ABUSE OFFENDER.
  1.  WHENEVER  A  PERSON  IS  CHARGED  WITH THE COMMISSION OR ATTEMPTED
COMMISSION OF DOMESTIC ABUSE IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
SION  FOUR OF SECTION 120.85 OF THE PENAL LAW, AN INDICTMENT OR INFORMA-
TION FOR SUCH OFFENSE SHALL BE ACCOMPANIED  BY  A  SPECIAL  INFORMATION,
FILED BY THE DISTRICT ATTORNEY WITH THE COURT, ALLEGING THAT THE DEFEND-
ANT  WAS PREVIOUSLY CONVICTED OF A CRIME, THAT AT THE TIME OF THE PREVI-
OUS CRIME OR AT AN EARLIER TIME THE DEFENDANT  WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN COMMON OR DOMESTIC PARTNER, AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
AND  THAT  SUCH  PREVIOUS  CONVICTION  TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION FOUR  OF  SECTION  120.85  OF  THE  PENAL  LAW.
EXCEPT  AS  PROVIDED  IN  THIS SECTION, THE PEOPLE MAY NOT REFER TO SUCH
SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING  THE
ALLEGATIONS 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 OF DOMESTIC ABUSE IN THE  SECOND
DEGREE  AS DEFINED BY SECTION 120.80 OF THE PENAL LAW, AND THE DEFENDANT
ADMITS THE PREVIOUS CONVICTION OR THAT IT TOOK  PLACE  WITHIN  THE  TIME
PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85 OF THE PENAL LAW,

S. 3666--B                          3

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 CAST 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 FOUR OF  SECTION  120.85
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 CRIME OTHER THAN  DOMESTIC
ABUSE  IN  THE  SECOND  DEGREE AS DEFINED BY SECTION 120.80 OF THE PENAL
LAW, AND THE DEFENDANT ADMITS THE  PREVIOUS  CONVICTION,  THAT  IT  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85 OF THE PENAL LAW, OR THAT THE DEFENDANT WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN  COMMON OR DOMESTIC PARTNER AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
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  RESECT  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 FOUR OF SECTION 120.85
OF THE PENAL LAW, OR REMAINS MUTE WITH RESECT 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 WAS THE SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH PREVI-
OUS CRIME, 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 WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER AS DEFINED IN SECTION 120.75 OF THE PENAL  LAW  OF  THE
VICTIM  OF  SUCH  PREVIOUS CRIME, 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
WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR

S. 3666--B                          4

DOMESTIC  PARTNER  AS  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE
VICTIM OF SUCH PREVIOUS CRIME, OR  THAT  THE  PREVIOUS  CONVICTION  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85  OF  THE  PENAL LAW, SHALL BE BINDING IN ANY FUTURE PROCEEDING IN
WHICH THE ISSUE MAY ARISE UNLESS THE CONVICTION FOR THE  DOMESTIC  ABUSE
OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
  S 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
added by chapter 258 of the laws of 2011, is amended to read as follows:
  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, DOMESTIC ABUSE
OR ATTEMPTED DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN  SECTIONS
120.80 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 arraign-
ment or no later than forty-five 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 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).
  S 4. Section 380.97 of the criminal procedure law, as added by chapter
258 of the laws of 2011, is amended 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, DOMESTIC ABUSE OR  ATTEMPTED
DOMESTIC  ABUSE  IN  THE SECOND DEGREE AS DEFINED IN SECTIONS 120.80 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 defendant has been deter-
mined, pursuant to section 370.15 of this part, to be related  or  situ-
ated  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  investigation  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 5. The opening paragraph of subdivision 1 of section 530.11  of  the
criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section

S. 3666--B                          5

130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the  third  degree,  reckless  endangerment,  strangulation in the first
degree, strangulation in the  second  degree,  criminal  obstruction  of
breathing or blood circulation, assault in the second degree, assault in
the  third  degree  or  an  attempted  assault between spouses or former
spouses, or between parent and child or  between  members  of  the  same
family or household except that if the respondent would not be criminal-
ly  responsible  by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction  over  such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly  court,  the  criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For  purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same fami-
ly  or  household"  with  respect to a proceeding in the criminal courts
shall mean the following:
  S 6. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation between spouses or former spouses,
or between parent and child or between members of  the  same  family  or
household  except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law,  then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding  pursuant
to  this  article,  a  court  shall  not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events  alleged
are  not  relatively  contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion  of  the  dispositional
hearing.  For  purposes  of  this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this  article,
"members of the same family or household" shall mean the following:
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S3666C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5890C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80 & 120.85, Pen L; add §200.63, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act

S3666C (ACTIVE) - Bill Texts

view summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

view sponsor memo
BILL NUMBER:S3666C

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing domestic abuse
offenses; to amend the criminal procedure law, in relation to providing
for a special information in the indictment of certain
felony domestic abuse offenses and procedures for determining whether
domestic abuse misdemeanors are crimes of domestic violence for
purposes of federal law;
and to amend
the criminal procedure law and the family court act, in relation to
including
domestic abuse
in the first and second degrees as family offenses

PURPOSE:
Establishes domestic abuse offenses, provides for special information
for certain felony domestic abuse offense and designates such
offenses as family offenses.

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding three new sections:
120.75, 120.80, and 120.85.

Section two amends the criminal procedure law by adding a new section
200.63

Section three amends subdivision one of section 370.15 of the criminal
procedure law as added by chapter 258 of the laws of 2011.

Section four amends section 380.97 of the criminal procedure law as
added by chapter 258 of the laws of 2011.

Section five amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law as amended by chapter 405 of the
laws of 2010.

Section six amends the opening paragraph of subdivision 1 of section
812 of the family court act as separately amended by chapters
341 and 405 of the laws of 2010.

Section seven is the effective date.

JUSTIFICATION:
Presently, conduct that qualifies only as harassment committed against
a spouse or intimate partner but that results in physical injury is
punishable as a mere violation.
The creation of the crime of domestic abuse in the second degree
increases the scope of punishment of those who cause physical injury

to a spouse or intimate partner, thereby providing a greater
deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a spouse or intimate partner that results in physical
injury. Such conduct time and again leads to more and more serious
assaults, serious physical injury and perhaps death. The creation of
the felony of domestic abuse in the first degree increases the scope
of punishment and provides a greater deterrent for those who commit
serious domestic abuse or who are repeat offenders.

In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the crime of
domestic abuse for offenses in which physical injury is caused in the
context of a domestic relationship, New York will join the many other
states that are able to track domestic violence, in order to address
one of the most under reported crimes in New York State. That change
will also enable enforcement of federal laws prohibiting sale of
firearms to those who have been convicted of a misdemeanor crime of
domestic violence.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3666--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal law, in relation to establishing domestic
  abuse offenses; to amend the criminal procedure law,  in  relation  to
  providing for a special information in the indictment of certain felo-
  ny  domestic  abuse  offenses  and  procedures for determining whether
  domestic abuse  misdemeanors  are  crimes  of  domestic  violence  for
  purposes  of  federal law; and to amend the criminal procedure law and
  the family court act, in relation to including domestic abuse  in  the
  first and second degrees as family offenses

  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 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
HOUSEHOLD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09575-06-2

S. 3666--C                          2

  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
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  HIS  OR  HER  SPOUSE,  FORMER  SPOUSE,
FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR SHE CAUSES
PHYSICAL  INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD
IN COMMON OR DOMESTIC PARTNER.
  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 HIS OR HER  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR
SHE CAUSES SUCH INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A
CHILD IN COMMON OR DOMESTIC PARTNER, OR TO A THIRD PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO HIS OR  HER  SPOUSE,
FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER;
OR
  3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY  TO  HIS
OR  HER  SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS A CRIME AGAINST HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, AND  HE  OR  SHE
HAS  PREVIOUSLY  BEEN  CONVICTED  OF  A CRIME AGAINST HIS OR HER SPOUSE,
FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON  OR  DOMESTIC  PARTNER
WITHIN  THE  PRECEDING  FIVE  YEARS. THE PERSON AGAINST WHOM A CRIME HAS
BEEN COMMITTED FOR PURPOSES OF CULPABILITY UNDER THIS SUBDIVISION MAY BE
A DIFFERENT PERSON THAN WHOM THE PREDICATE CRIME WAS  COMMITTED  AGAINST
DURING  THE  PRECEDING FIVE YEARS. FOR PURPOSES OF THIS SUBDIVISION, ANY
PERIOD OF TIME DURING WHICH  THE  DEFENDANT  WAS  INCARCERATED  FOR  ANY
REASON  BETWEEN THE COMMISSION OF ANY PREVIOUS CRIMES AND THE COMMISSION
OF THE CRIME IN VIOLATION OF THIS SUBDIVISION SHALL BE EXCLUDED AND SUCH
FIVE YEAR PERIOD SHALL BE EXTENDED BY  THE  PERIOD  OR  PERIOD  OF  TIME
DURING WHICH THE DEFENDANT WAS INCARCERATED.
  DOMESTIC ABUSE IN THE FIRST DEGREE 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 DOMESTIC ABUSE OFFENDER.
  1. WHENEVER A PERSON IS  CHARGED  WITH  THE  COMMISSION  OR  ATTEMPTED
COMMISSION  OF DOMESTIC ABUSE IN THE FIRST DEGREE AS DEFINED IN SUBDIVI-
SION FOUR OF SECTION 120.85 OF THE PENAL LAW, AN INDICTMENT OR  INFORMA-
TION  FOR  SUCH  OFFENSE  SHALL BE ACCOMPANIED BY A SPECIAL INFORMATION,
FILED BY THE DISTRICT ATTORNEY WITH THE COURT, ALLEGING THAT THE DEFEND-
ANT WAS PREVIOUSLY CONVICTED OF A CRIME, THAT AT THE TIME OF THE  PREVI-
OUS  CRIME  OR  AT  AN EARLIER TIME THE DEFENDANT WAS THE SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A CHILD  IN  COMMON  OR  DOMESTIC  PARTNER,  AS
DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH CRIME,
AND THAT SUCH PREVIOUS CONVICTION TOOK  PLACE  WITHIN  THE  TIME  PERIOD
SPECIFIED  IN  SUBDIVISION  FOUR  OF  SECTION  120.85  OF THE PENAL LAW.
EXCEPT AS PROVIDED IN THIS SECTION, THE PEOPLE MAY  NOT  REFER  TO  SUCH
SPECIAL  INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING THE
ALLEGATIONS 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

S. 3666--C                          3

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 OF DOMESTIC ABUSE IN THE SECOND
DEGREE AS DEFINED BY SECTION 120.80 OF THE PENAL LAW, AND THE  DEFENDANT
ADMITS  THE  PREVIOUS  CONVICTION  OR THAT IT TOOK PLACE WITHIN THE TIME
PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85 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 FOUR OF  SECTION  120.85
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 CRIME OTHER THAN  DOMESTIC
ABUSE  IN  THE  SECOND  DEGREE AS DEFINED BY SECTION 120.80 OF THE PENAL
LAW, AND THE DEFENDANT ADMITS THE  PREVIOUS  CONVICTION,  THAT  IT  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85 OF THE PENAL LAW, OR THAT THE DEFENDANT WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN  COMMON OR DOMESTIC PARTNER AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
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  RESECT  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 FOUR OF SECTION 120.85
OF THE PENAL LAW, OR REMAINS MUTE WITH RESECT 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 WAS THE SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH PREVI-
OUS CRIME, 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 WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER AS DEFINED IN SECTION 120.75 OF THE PENAL  LAW  OF  THE

S. 3666--C                          4

VICTIM  OF  SUCH  PREVIOUS CRIME, 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
WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR
DOMESTIC  PARTNER  AS  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE
VICTIM OF SUCH PREVIOUS CRIME, OR  THAT  THE  PREVIOUS  CONVICTION  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85 OF THE PENAL LAW, SHALL BE BINDING IN ANY  FUTURE  PROCEEDING  IN
WHICH  THE  ISSUE MAY ARISE UNLESS THE CONVICTION FOR THE DOMESTIC ABUSE
OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
  S 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
added by chapter 258 of the laws of 2011, is amended to read as follows:
  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,  DOMESTIC  ABUSE
OR  ATTEMPTED DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTIONS
120.80 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 arraign-
ment or no later than forty-five 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 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).
  S 4. Section 380.97 of the criminal procedure law, as added by chapter
258 of the laws of 2011, is amended 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, DOMESTIC ABUSE OR ATTEMPTED
DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN  SECTIONS  120.80  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 defendant has  been  deter-
mined,  pursuant  to section 370.15 of this part, to be related or situ-
ated 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 investigation 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  5.  The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 405 of the laws  of  2010,
is amended to read as follows:

S. 3666--C                          5

  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly  conduct,  harassment  in the first degree, harassment in the
second degree, aggravated harassment  in  the  second  degree,  DOMESTIC
ABUSE  IN  THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND DEGREE, sexual
misconduct, forcible touching, sexual abuse in the third degree,  sexual
abuse  in  the  second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking  in  the
second  degree,  stalking  in  the  third degree, stalking in the fourth
degree, criminal mischief, menacing in the second  degree,  menacing  in
the  third  degree,  reckless  endangerment,  strangulation in the first
degree, strangulation in the  second  degree,  criminal  obstruction  of
breathing or blood circulation, assault in the second degree, assault in
the  third  degree  or  an  attempted  assault between spouses or former
spouses, or between parent and child or  between  members  of  the  same
family or household except that if the respondent would not be criminal-
ly  responsible  by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction  over  such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly  court,  the  criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For  purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same fami-
ly  or  household"  with  respect to a proceeding in the criminal courts
shall mean the following:
  S 6. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
misconduct,  forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision  one  of  section
130.60  of  the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third  degree,  stalking  in  the  fourth
degree,  criminal  mischief,  menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation between spouses or former spouses,
or between parent and child or between members of  the  same  family  or
household  except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law,  then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding  pursuant
to  this  article,  a  court  shall  not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events  alleged
are  not  relatively  contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion  of  the  dispositional
hearing.  For  purposes  of  this article, "disorderly conduct" includes

S. 3666--C                          6

disorderly conduct not in a public place. For purposes of this  article,
"members of the same family or household" shall mean the following:
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.