|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 23, 2013||referred to codes|
senate Bill S2712
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2712 - Details
S2712 - Summary
Establishes a new article entitled, family offenses; creates crimes of domestic violence for acts of violence against family members; provides that such article include domestic violence, aggravated domestic violence, extreme domestic violence and defense.
S2712 - Sponsor Memo
BILL NUMBER:S2712 TITLE OF BILL: An act to amend the penal law, in relation to defining offenses against the family PURPOSE: This legislation defines a new and separate category of crimes involving acts of violence committed by and against family members and individuals who have shared the same domicile for a period of six months or more. SUMMARY OF PROVISIONS: Assaultive behavior involving family members and individuals in the same household would now be defined as a separate crime by this new article of the Penal Law. JUSTIFICATION: Under current law, if assaultive behavior occurs involv- ing family members the prosecution of these crimes is treated no differ- ently from any other assault. Present law fails to adequately address these offenses and their unique nature. The adoption of this bill would indicate to the public the legislature's concern that these crimes be treated differently from the outset of their prosecution, recognizing the unique situation inherent in the criminal acts. PRIOR LEGISLATIVE HISTORY: 2009-10: S.251 - Referred to Codes 2005-06: S.1329 - Referred to Codes 2003-04: S.1987 - Referred to Codes 2001-02: S.1475 - Referred to Codes
S2712 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2712 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sen. ADAMS -- 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 defining offenses against the family 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 article 122 to read as follows: ARTICLE 122 FAMILY OFFENSES SECTION 122.00 DEFINITIONS. 122.05 DOMESTIC VIOLENCE. 122.10 AGGRAVATED DOMESTIC VIOLENCE. 122.15 EXTREME DOMESTIC VIOLENCE. 122.20 DEFENSE. S 122.00 DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "FAMILY MEMBER" MEANS ANY PERSON RELATED BY BLOOD OR MARRIAGE, AS A SPOUSE, OR AS AN ANCESTOR OR DESCENDANT; OR ANY PERSONS HAVING CHILDREN IN COMMON; OR ANY PERSONS HAVING SHARED THE SAME DOMICILE FOR A PERIOD OF SIX MONTHS OR MORE. 2. "ACT OF VIOLENCE" MEANS ANY ASSAULTIVE BEHAVIOR, WHETHER BY OPEN HAND, FIST, FOOT, TEETH, OR ANY OTHER BODY PART, OR BY ANY INSTRUMENT OR INSTRUMENTALITY, WHICH CAUSES PHYSICAL INJURY TO ANOTHER FAMILY MEMBER. 3. "INJURY" MEANS ANY OF THE FOLLOWING: BLACK AND BLUE MARKS; WELT MARKS; A BLACK EYE; SUBSTANTIAL SORENESS; A BITE MARK; A CONCUSSION; SUTURES; BURNS; OR ANY OTHER MEDICALLY DISTINGUISHABLE BRUISES, CONTU- SIONS, ABRASIONS OR LACERATIONS, OR ANY "PHYSICAL INJURY" AS THAT TERM HAS BEEN DEFINED BY ARTICLE ONE HUNDRED TWENTY OF THIS TITLE. S 122.05 DOMESTIC VIOLENCE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06059-01-3
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