|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Mar 08, 2013||referred to codes|
senate Bill S4091
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4091 - Details
S4091 - Summary
Relates to enhancing penalties and protecting victims of crimes of domestic violence.
S4091 - Sponsor Memo
BILL NUMBER:S4091 TITLE OF BILL: An act to amend the penal law, in relation to enhancing punishment for crimes involving domestic violence; and to amend the criminal procedure law, in relation to the consideration of certain factors when determining the issuance of an order of recognizance or bail PURPOSE: This legislation will protect victims of domestic violence by providing enhanced penalties for those who habitually commit crimes against members of their family or household and hold such offenders accountable with stronger penalties in an effort to deter violence. This bill also protects victims during the pendency of the case and expands the criminal procedure law section 510.30 and requires courts, when determining recognizance or bail in cases of domestic violence, to consider certain enumerated factors which could lead to intimidation or injury by the principal to the victim or witness. Finally, the Bill provides that persons convicted of domestic violence will pay an additional domestic violence surcharge that will provide a stream of revenue to the Office of Prevention of Domestic Violence for the Purpose of training members of law enforcement in domestic violence issues. SUMMARY OF PROVISIONS: Section 1. Amends Subdivision 5 of Section 240.30 of the Penal law
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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