senate Bill S3331

2013-2014 Legislative Session

Relates to the definition of serious offense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 01, 2013 referred to codes

S3331 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง265.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2762
2009-2010: S4685, S4685A

S3331 - Bill Texts

view summary

Relates to the definition of serious offense.

view sponsor memo
BILL NUMBER:S3331

TITLE OF BILL: An act to amend the penal law, in relation to the
definition of serious offense

PURPOSE: This bill would improve public safety and prevent domestic
violence incidents from escalating into even greater violence by
keeping guns out of the hands of domestic violence perpetrators.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 17 of section 265.00 of the Penal Law by
adding a new paragraph c to include any offense which would constitute
a family offense pursuant to section eight hundred twelve of the
family court act, where the victim of such offense was a family or
household member as defined in that section. The legislation treats
conduct which constitutes a violation under the penal law differently
than conduct which would constitute a misdemeanor or felony insofar as
where an allegation of a violation is sustained by the family court,
the respondent may motion the court to vacate the "serious offense"
designation three years after disposition of the case. The legislation
provides factors which the family court shall apply when hearing such
a motion. Upon deciding the motion the court must set its reasons on
the record.

Section 2 establishes the effective date.

JUSTIFICATION: A firearm in the hands of any criminal is a threat,
especially in the hands of a noted domestic batterer. Fifty-four
percent of female homicides are committed with a firearm and two
thirds of all women killed with firearms are killed by their male
partners. By prohibiting perpetrators of domestic violence from
lawfully possessing a firearm, this legislation will protect both
partners, and decrease the propensity for a batterer to continue on a
path of violence which may escalate to fatal consequences through the
use of a gun.

LEGISLATIVE HISTORY: 2009-10: S.4685A - Referred to Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3331

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 definition of  serious
  offense

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  AN  OFFENSE  WHICH  WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE  THE  VICTIM
OF  SUCH  OFFENSE  WAS A "FAMILY OR HOUSEHOLD MEMBER" AS DEFINED IN THAT
SECTION.    WHERE  ALLEGATIONS  OF  CONDUCT  WHICH  WOULD  CONSTITUTE  A
VIOLATION  UNDER  THIS  CHAPTER HAVE BEEN SUSTAINED AFTER A FACT FINDING
HEARING IN FAMILY COURT THE RESPONDENT MAY MOTION THE  COURT  TO  VACATE
THE  "SERIOUS  OFFENSE"  DESIGNATION  MADE APPLICABLE UNDER THIS SECTION
THREE YEARS AFTER DISPOSITION OF THE FAMILY COURT CASE. WHEN CONSIDERING
THE MOTION TO VACATE THE "SERIOUS OFFENSE" DESIGNATION THE  COURT  SHALL
CONSIDER: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE
EXTENT  OF  HARM CAUSED BY THE OFFENSE; (III) THE HISTORY, CHARACTER AND
CONDITION OF THE RESPONDENT; (IV) THE POSITION OF  THE  PETITIONER;  AND
(V)  THE  IMPACT  VACATING THE "SERIOUS OFFENSE" DESIGNATION MAY HAVE ON
PUBLIC SAFETY. UPON DECIDING THE MOTION THE COURT MUST SET  ITS  REASONS
THEREFOR UPON THE RECORD.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06460-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.