senate Bill S4091

2013-2014 Legislative Session

Relates to enhancing penalties and protecting victims of crimes of domestic violence

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Mar 08, 2013 referred to codes

S4091 - Details

See Assembly Version of this Bill:
A7178
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§240.30, 240.31, 120.05, 121.12, 120.13, 215.51, 60.35, 215.52 & 70.02, add §240.29, Pen L; amd §510.30, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6773

S4091 - Summary

Relates to enhancing penalties and protecting victims of crimes of domestic violence.

S4091 - Sponsor Memo

S4091 - Bill Text download pdf

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

                                  4091

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 enhancing  punishment  for
  crimes  involving  domestic violence; and to amend the criminal proce-
  dure law, in relation to the consideration  of  certain  factors  when
  determining the issuance of an order of recognizance or bail

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

  Section 1. Subdivision 5 of  section  240.30  of  the  penal  law,  as
amended  by chapter 510 of the laws of 2008 and as renumbered by section
4 of part D of chapter 491 of the laws of 2012, is amended  to  read  as
follows:
  5.  Commits  the  crime  of  harassment  in the first degree OR SECOND
DEGREE and has previously been convicted of the crime of  harassment  in
the first degree OR SECOND DEGREE as defined by section 240.25 OR 240.26
of this article within the preceding ten years.
  S  2.  The section heading, opening paragraph and closing paragraph of
section 240.31 of the penal law, as amended by chapter 49 of the laws of
2006, are amended to read as follows:
  [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
  A person is guilty of BIAS RELATED aggravated harassment [in the first
degree] when with intent to harass, annoy,  threaten  or  alarm  another
person,  because of a belief or perception regarding such person's race,
color, national origin, ancestry, gender, religion, religious  practice,
age,  disability or sexual orientation, regardless of whether the belief
or perception is correct, he or she:
  [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first  degree]
is a class E felony.
  S  3.  The penal law is amended by adding a new section 240.29 to read
as follows:
S 240.29 AGGRAVATED HARASSMENT IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09634-01-3

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