NY State Senate Bill S3432

Current Bill Status - In Senate Codes Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Nov 06, 2017	print number 3432a
Nov 06, 2017	amend and recommit to codes
Jan 23, 2017	referred to codes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3432 - Details

Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L
Versions Introduced in Previous Legislative Sessions:: 2015-2016: S1493
2013-2014: S5432

S3432 - Summary

Enacts the domestic violence escalation prevention act including certain offenses against members of the same family or household within the definition of serious offense for the purposes of crimes involving firearms and other dangerous weapons.

S3432 - Sponsor Memo

 BILL NUMBER:  S3432

 TITLE OF BILL :

An act to amend the penal law, in relation to enacting the "domestic
violence escalation prevention act"

 PURPOSE OR GENERAL IDEA OF BILL :

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 SPECIFIC PROVISIONS :

Section 1 titles the bill the "domestic violence escalation prevention
act". Section 2 amends subdivision 17 of section 265.00 of the Penal
Law, which defines the term "serious offense, by adding a new
paragraph c to include a crime set forth in subdivision 1 of section
530.11 of the criminal procedure law ,where the victim of such offense
was a family or household member as defined in that section.  The term
"serious offense" is used in Penal Law section 400.00(1)(c) with
respect to eligibility for a license to carry, possess, repair and
dispose of firearms. Section 3 provides for the act to take effect
immediately.

 JUSTIFICATION :

A firearm in the hands of any criminal is a threat, and this is
especially true if it is in the hands of a domestic abuser.
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 domestic violence perpetrators from
lawfully possessing a firearm, this legislation will protect women and
limit the number of domestic violence incidences which escalate to
fetal consequences through the use of a gun.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.1493/A.6508 - Referred to Codes
2013-2014: S.5432/A.6390 - Died in Codes / Passed Assembly
2011-2012:  A.4489A - Passed Assembly
2009-2010: A.7575 - Passed Assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S3432 - Bill Text download pdf

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

                                  3432

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced  by  Sens. PARKER, PERKINS -- 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  enacting  the  "domestic
  violence escalation prevention act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "domestic violence escalation prevention act".
  S  2.  Subdivision 17 of section 265.00 of the penal law is amended by
adding a new paragraph (c) to read as follows:
  (C) A CRIME SET FORTH IN SUBDIVISION ONE  OF  SECTION  530.11  OF  THE
CRIMINAL PROCEDURE LAW, WHERE THE VICTIM AND THE DEFENDANT WERE "MEMBERS
OF THE SAME FAMILY OR HOUSEHOLD" AS DEFINED IN THAT SECTION.
  S 3. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01162-01-7

Co-Sponsors

S3432A (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §265.00, Pen L
Versions Introduced in Previous Legislative Sessions:: 2015-2016: S1493
2013-2014: S5432

S3432A (ACTIVE) - Summary

S3432A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3432A

 TITLE OF BILL :

An act to amend the penal law, in relation to enacting the "domestic
violence escalation prevention act"

 PURPOSE OR GENERAL IDEA OF BILL :

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 SPECIFIC PROVISIONS :

Section 1 titles the bill the "domestic violence escalation prevention
act". Section 2 amends subdivision 17 of section 265.00 of the Penal
Law, which defines the term "serious offense, by adding a new
paragraph c to include a crime set forth in section 370.15 of the
criminal procedure law, where the court makes a written determination
that the defendant is related to the victim in the manner specified in
18 U.S.C. 921(a)(33)(A)(ii). The term "serious offense" is used in
Penal Law section 400.00(1)(c) with respect to eligibility for a
license to carry, possess, repair and dispose of firearms. Section 3
provides for the act to take effect immediately.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

None.

 JUSTIFICATION :

A firearm in the hands of any criminal is a threat, and this is
especially true if it is in the hands of a domestic abuser.
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 domestic violence perpetrators from
lawfully possessing a firearm, this legislation will protect women and
limit the number of domestic violence incidences which escalate to
fatal consequences through the use of a gun.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.1493/A.6508 - Referred to Codes
2013-2014: S.5432/A.6390 - Died in Codes / Passed Assembly
2011-2012:  A.4489A - Passed Assembly
2009-2010: A.7575 - Passed Assembly

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S3432A (ACTIVE) - Bill Text download pdf

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

                                 3432--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced by Sens. PARKER, BAILEY, BRESLIN, HAMILTON, HOYLMAN, KENNEDY,
  MONTGOMERY, SANDERS -- read twice and ordered printed, and when print-
  ed  to be committed to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the penal law, in relation to enacting the "domestic
  violence escalation prevention act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "domestic violence escalation prevention act".
  S 2. Subdivision 17 of section 265.00 of the penal law is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  A  CRIME  SET  FORTH  IN SUBDIVISION ONE OF SECTION 370.15 OF THE
CRIMINAL PROCEDURE LAW IN WHICH  THE  COURT  MAKES  A  SPECIFIC  WRITTEN
DETERMINATION THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF
THE  CRIME  IN  THE  MANNER SPECIFIED IN 18 U.S.C.  921(A)(33)(A)(II) AS
PROVIDED IN SECTION 370.15 OF  THE  CRIMINAL  PROCEDURE  LAW,  PROVIDED,
HOWEVER  THAT  NO  SUCH  WRITTEN  DETERMINATION SHALL BE REQUIRED FOR AN
OFFENSE INCLUDED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01162-02-7

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The New York State Senate

senate Bill S3432

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Current Bill Status - In Senate Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S3432 - Details

S3432 - Summary

S3432 - Sponsor Memo

S3432 - Bill Text download pdf

Co-Sponsors

S3432A (ACTIVE) - Details

S3432A (ACTIVE) - Summary

S3432A (ACTIVE) - Sponsor Memo

S3432A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3432

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Sponsored By

Current Bill Status - In Senate Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S3432 - Details

S3432 - Summary

S3432 - Sponsor Memo

S3432 - Bill Text download pdf

Co-Sponsors

S3432A (ACTIVE) - Details

S3432A (ACTIVE) - Summary

S3432A (ACTIVE) - Sponsor Memo

S3432A (ACTIVE) - Bill Text download pdf

Comments