|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 01, 2012||referred to codes|
senate Bill S6357
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6357 - Details
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
BILL NUMBER:S6357 TITLE OF BILL: 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 judicial diversion program for domestic abuse defendants PURPOSE OF THE BILL: This bill will create the crime of domestic violence in the first, second and third degrees. It also creates a judicial diversion program for domestic abuse defendants. This will be a not-for-profit organization whose goal is to end abusive behavior. SUMMARY OF PROVISIONS: Section 1 of this legislation will define the different levels of domestic violence. This section defines what domestic violence in the first, second and third degree with consist of. Section 2 adds a new section to the criminal procedure law by adding article 217 which will create a judicial diversion program for domestic abuse defendants. JUSTIFICATION: Domestic violence is often a difficult crime for law
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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