senate Bill S8121

Signed By Governor
2017-2018 Legislative Session

relates to the possession of weapons by domestic violence offenders

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2018 signed chap.60
Apr 02, 2018 delivered to governor
Mar 30, 2018 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.25
substituted for a10272
referred to codes
delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.741
referred to rules

S8121 - Details

See Assembly Version of this Bill:
A10272
Law Section:
Penal Law
Laws Affected:
Amd §§265.00 & 400.00, Pen L; rpld §§370.15 & 380.97, add §§370.15, 380.97 & 370.25, amd §530.14, CP L; amd §842-a, Fam Ct Act

S8121 - Summary

Relates to the possession of weapons by domestic violence offenders.

S8121 - Sponsor Memo

S8121 - Bill Text download pdf


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

                                  8121

                            I N  S E N A T E

                             March 30, 2018
                               ___________

Introduced  by  Sen.  PHILLIPS  --  (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

AN ACT to amend the penal law, the criminal procedure law and the family
  court  act,  in  relation  to  the  possession  of weapons by domestic
  violence offenders; and to repeal certain provisions of  the  criminal
  procedure law relating thereto

  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)  ANY OF THE FOLLOWING OFFENSES, WHERE THE DEFENDANT AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
OR  HOUSEHOLD  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT TO SECTION 370.15  OF
THE  CRIMINAL  PROCEDURE LAW:   ASSAULT IN THE THIRD DEGREE; MENACING IN
THE THIRD DEGREE; MENACING IN THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION;  UNLAWFUL  IMPRISONMENT  IN  THE  SECOND
DEGREE;  COERCION  IN  THE THIRD DEGREE; CRIMINAL TAMPERING IN THE THIRD
DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASSMENT IN THE  FIRST
DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE; CRIMINAL TRESPASS IN
THE  THIRD  DEGREE; CRIMINAL TRESPASS IN THE SECOND DEGREE; ARSON IN THE
FIFTH DEGREE; OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
  § 2. Section 370.15 of the criminal procedure law is  REPEALED  and  a
new section 370.15 is added to read as follows:
§ 370.15 PROCEDURE  FOR  DETERMINING  WHETHER CERTAIN MISDEMEANOR CRIMES
           ARE SERIOUS OFFENSES UNDER THE PENAL LAW.
  1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
MENACING IN THE THIRD DEGREE, MENACING IN THE  SECOND  DEGREE,  CRIMINAL
OBSTRUCTION  OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN
THE SECOND DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL  TAMPERING  IN
THE  THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND DEGREE, HARASSMENT IN
THE FIRST DEGREE, AGGRAVATED HARASSMENT IN THE SECOND  DEGREE,  CRIMINAL
TRESPASS  IN  THE  THIRD DEGREE, CRIMINAL TRESPASS IN THE SECOND DEGREE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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