senate Bill S6357

2011-2012 Legislative Session

Creates the crimes of domestic abuse in the first, second and third degrees; creates a judicial diversion program for domestic abuse defendants

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Archive: Last Bill Status -


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2012 referred to codes

S6357 - Details

See Assembly Version of this Bill:
A3458
Law Section:
Penal Law
Laws Affected:
Add §§120.80, 120.83 & 120.85, Pen L; add Art 217 §§217.00 & 217.05, CP L
Versions Introduced in 2009-2010 Legislative Session:
S6942, A9852

S6357 - Summary

Creates the crimes of domestic abuse in the first, second and third degrees; creates a judicial diversion program for domestic abuse defendants.

S6357 - Sponsor Memo

S6357 - Bill Text download pdf

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

                                  6357

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by  Sen. KENNEDY -- 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  the  crime  of  domestic
  abuse; and to amend the criminal procedure law, in relation to a judi-
  cial diversion program for domestic abuse defendants

  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
120.80, 120.83 and 120.85 to read as follows:
S 120.80 DOMESTIC ABUSE IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF DOMESTIC ABUSE IN THE THIRD DEGREE WHEN, WITH
INTENT TO HARASS, ANNOY, OR ALARM HIS  OR  HER  SPOUSE,  FORMER  SPOUSE,
FELLOW  PARENT  OF  A  CHILD  IN  COMMON, OR DOMESTIC PARTNER, HE OR SHE
STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS SUCH  PERSON  TO  PHYSICAL
CONTACT OR ATTEMPTS OR THREATENS TO DO THE SAME.
  FOR  PURPOSES  OF  THIS  SECTION,  "SPOUSE" SHALL MEAN PERSONS LEGALLY
MARRIED TO ONE ANOTHER, "FORMER  SPOUSE"  SHALL  MEAN  PERSONS  FORMERLY
MARRIED  TO  ONE  ANOTHER REGARDLESS OF WHETHER THEY STILL RESIDE IN THE
SAME HOUSEHOLD, "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN  PERSONS
WHO  HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH PERSONS HAVE BEEN
MARRIED OR HAVE  LIVED  TOGETHER,  AND  "DOMESTIC  PARTNER"  SHALL  MEAN
PERSONS  WHO  ARE LIVING OR HAVE LIVED TOGETHER FOR AN EXTENDED DURATION
IN AN INTIMATE RELATIONSHIP MARKED BY  SEXUAL,  PHYSICAL,  OR  FINANCIAL
INTERDEPENDENCE.
  DOMESTIC ABUSE IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR.
S 120.83 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, AS DEFINED IN
SECTION 120.80 OF THIS ARTICLE, HE OR SHE CAUSES  SUCH  PERSON  PHYSICAL
INJURY.
  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:

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

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