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Senate Bill S4694

2017-2018 Legislative Session

Requires counseling for certain domestic violence offenders

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S4694 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §65.10, add §60.38, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6847
2019-2020: S3225
2021-2022: S644

2017-S4694 (ACTIVE) - Summary

Requires counseling for certain domestic violence offenders; requires defendants in any case where the court either suspends the imposition of a sentence or sentences the defendant to be placed on probation to receive counseling by a person who has demonstrated expertise in individual or group domestic violence counseling.

2017-S4694 (ACTIVE) - Sponsor Memo

2017-S4694 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4694
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 requiring  counseling  for
   certain domestic violence offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 65.10 of the penal law is amended by adding  a  new
 subdivision 6 to read as follows:
   6.  MANDATORY  CONDITIONS FOR DOMESTIC VIOLENCE CASES. WHEN IMPOSING A
 SENTENCE  OF  PROBATION  FOR  A  CRIME  OR  OFFENSE  INVOLVING  DOMESTIC
 VIOLENCE,  THE  COURT SHALL REQUIRE, IN ADDITION TO ANY OTHER CONDITIONS
 IMPOSED PURSUANT TO THIS SECTION, THE DEFENDANT TO RECEIVE  PROFESSIONAL
 COUNSELING  FROM  EITHER  A  PRIVATE SOURCE OR A SOURCE APPOINTED BY THE
 COURT, BUT IN EITHER CASE, SUCH  COUNSELING  SHALL  BE  CONDUCTED  BY  A
 PERSON  WHO  HAS  DEMONSTRATED EXPERTISE IN INDIVIDUAL OR GROUP DOMESTIC
 VIOLENCE COUNSELING. THE COURT SHALL REQUIRE THE  DEFENDANT  TO  PROVIDE
 DOCUMENTATION OF ATTENDANCE AT SUCH PROFESSIONAL COUNSELING.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 MANDATORY COUNSELING FOR DOMESTIC VIOLENCE CASES.
   IN  ANY CASE WHERE THE COURT SUSPENDS THE IMPOSITION OF A SENTENCE FOR
 A CRIME OR OFFENSE INVOLVING DOMESTIC VIOLENCE, THE COURT SHALL REQUIRE,
 IN ADDITION TO ANY OTHER CONDITIONS IMPOSED PURSUANT  TO  THIS  CHAPTER,
 THE  DEFENDANT  TO RECEIVE PROFESSIONAL COUNSELING FROM EITHER A PRIVATE
 SOURCE OR A SOURCE APPOINTED BY THE COURT,  BUT  IN  EITHER  CASE,  SUCH
 COUNSELING SHALL BE CONDUCTED BY A PERSON WHO HAS DEMONSTRATED EXPERTISE
 IN  INDIVIDUAL  OR  GROUP  DOMESTIC VIOLENCE COUNSELING. THE COURT SHALL
 REQUIRE THE DEFENDANT TO PROVIDE DOCUMENTATION  OF  ATTENDANCE  AT  SUCH
 PROFESSIONAL COUNSELING.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02207-01-7

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