Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 04, 2012 |
referred to codes |
Jun 17, 2011 |
referred to rules |
Senate Bill S5822
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(R, C, IP, RFM) 24th Senate District
(D, WF) Senate District
(D, WF) Senate District
(D) Senate District
2011-S5822 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1986
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §240.75, Pen L; add §200.63, CP L
2011-S5822 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5822 TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to the creation of the crime of aggravated family offense PURPOSE: To create a felony-level charge for cases in which an offender is repeatedly convicted of a family offense. SUMMARY OF PROVISIONS: Section 1 establishes the crime of Aggravated Family Offense as a class E felony and outlines the incidents that constitute the new offense. Section 2 provides that a special information may be included with an indictment of an aggravated family offense. This section sets forth the procedure for trying the case. Section 3 establishes an effective dare of 90 days after passage. JUSTIFICATION: From 2004 to 2009, in New York. County alone, there were 622 individuals convicted of two or more family offenses. Of those 622 defendants, 221 - or 36% had at least one case with a
2011-S5822 (ACTIVE) - 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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