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

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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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

Co-Sponsors

S3666 - Details

See Assembly Version of this Bill:
A5890C
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 - 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.

S3666 - Sponsor Memo

S3666 - Bill 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

Co-Sponsors

S3666A - Details

See Assembly Version of this Bill:
A5890C
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 - 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.

S3666A - Sponsor Memo

S3666A - Bill 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

Co-Sponsors

S3666B - Details

See Assembly Version of this Bill:
A5890C
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 - 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.

S3666B - Sponsor Memo

S3666B - Bill 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

Co-Sponsors

S3666C (ACTIVE) - Details

See Assembly Version of this Bill:
A5890C
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) - 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.

S3666C (ACTIVE) - Sponsor Memo

S3666C (ACTIVE) - Bill 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

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