senate Bill S5822

2011-2012 Legislative Session

Establishes the crime of aggravated domestic violence

download bill text pdf

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jun 17, 2011 referred to rules

Co-Sponsors

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S5822 - Details

See Assembly Version of this Bill:
A1986B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §240.75, Pen L; add §200.63, CP L

S5822 - Summary

Establishes the crime of aggravated family offense when a person has committed a specified offense and has been convicted of one or more specified offenses within the past five years.

S5822 - Sponsor Memo

S5822 - Bill Text download pdf

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

                                  5822

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 17, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, LANZA, SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to the creation of the crime of aggravated family 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 a new section 240.75  to
read as follows:
S 240.75 AGGRAVATED FAMILY OFFENSE.
  1.  A  PERSON  IS  GUILTY  OF AGGRAVATED FAMILY OFFENSE WHEN HE OR SHE
COMMITS A MISDEMEANOR DEFINED IN SUBDIVISION TWO OF THIS  SECTION  AS  A
SPECIFIED OFFENSE AND HE OR SHE HAS BEEN CONVICTED OF ONE OR MORE SPECI-
FIED  OFFENSES  WITHIN  THE  IMMEDIATELY  PRECEDING  FIVE YEARS. FOR THE
PURPOSES OF THIS SUBDIVISION, IN CALCULATING THE FIVE YEAR  PERIOD,  ANY
PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE TIME OF  THE  COMMISSION  OF  ANY  OF  SUCH  PREVIOUS
OFFENSES  AND  THE  TIME  OF  COMMISSION  OF  THE PRESENT CRIME SHALL BE
EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL BE  EXTENDED  BY  A  PERIOD  OR
PERIODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
  2.  A  "SPECIFIED  OFFENSE"  IS  AN  OFFENSE DEFINED IN SECTION 120.00
(ASSAULT IN THE THIRD DEGREE); SECTION 120.05  (ASSAULT  IN  THE  SECOND
DEGREE);  SECTION  120.10  (ASSAULT IN THE FIRST DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.25  (RECKLESS
ENDANGERMENT  IN  THE  FIRST  DEGREE);  SECTION  120.45 (STALKING IN THE
FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD  DEGREE);  SECTION
120.55  (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN THE
FIRST DEGREE); SECTION 121.11  (CRIMINAL  OBSTRUCTION  OF  BREATHING  OR
BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06167-17-1

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