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Senate Bill S3331

2013-2014 Legislative Session

Relates to the definition of serious offense

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S3331 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4685
2011-2012: S2762
2015-2016: S2179
2017-2018: S4028

2013-S3331 (ACTIVE) - Summary

Relates to the definition of serious offense.

2013-S3331 (ACTIVE) - Sponsor Memo

2013-S3331 (ACTIVE) - Bill 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

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