S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5751
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. GIGLIO, BARCLAY, BRABENEC, CROUCH, DeSTEFANO,
   FINCH, GOODELL, HAWLEY, KOLB, LAWRENCE, McDONOUGH, MIKULIN, B. MILLER,
   MORINELLO, NORRIS, PALMESANO, REILLY, SMITH, TAGUE, WALSH -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to acts of domestic  violence
   committed in the presence of children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a  new  article  261  to
 read as follows:
                                ARTICLE 261
       OFFENSES RELATING TO A MEMBER OF THE SAME FAMILY OR HOUSEHOLD
 SECTION 261.00 SPECIFIED OFFENSES AGAINST A MEMBER OF THE SAME FAMILY OR
                  HOUSEHOLD.
         261.05 SENTENCING.
 § 261.00 SPECIFIED  OFFENSES  AGAINST  A  MEMBER  OF  THE SAME FAMILY OR
            HOUSEHOLD.
   1. A PERSON COMMITS A DOMESTIC VIOLENCE CRIME WHEN HE  OR  SHE  INTEN-
 TIONALLY  COMMITS  OR  INTENDS  TO  COMMIT A SPECIFIED OFFENSE AGAINST A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD.
   2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE  THIRD
 DEGREE);  SECTION  120.05 (ASSAULT IN THE SECOND DEGREE); SECTION 120.10
 (ASSAULT IN THE FIRST DEGREE); SECTION 120.13  (MENACING  IN  THE  FIRST
 DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION 120.15
 (MENACING IN THE THIRD DEGREE); SECTION 120.20 (RECKLESS ENDANGERMENT IN
 THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN  THE  FIRST
 DEGREE);  SECTION 120.45 (STALKING IN THE FOURTH DEGREE); SECTION 120.50
 (STALKING IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN  THE  SECOND
 DEGREE);  SECTION  120.60 (STALKING IN THE FIRST DEGREE); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SECTION 121.12
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06937-01-9

 A. 5751                             2
 
 (STRANGULATION IN THE SECOND DEGREE); SECTION 121.13  (STRANGULATION  IN
 THE  FIRST  DEGREE);  SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN
 THE SECOND DEGREE); SUBDIVISION ONE,  TWO  OR  FOUR  OF  SECTION  125.20
 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND
 DEGREE); SECTION 130.20 (SEXUAL MISCONDUCT); SECTION 130.30 (RAPE IN THE
 SECOND  DEGREE);  SECTION  130.35  (RAPE  IN  THE FIRST DEGREE); SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL SEXUAL ACT IN THE SECOND DEGREE); SECTION  130.50  (CRIMINAL  SEXUAL
 ACT  IN  THE  FIRST DEGREE); SECTION 130.52 (FORCIBLE TOUCHING); SECTION
 130.53 (PERSISTENT SEXUAL ABUSE); SECTION 130.55 (SEXUAL  ABUSE  IN  THE
 THIRD  DEGREE);  SECTION  130.60  (SEXUAL  ABUSE  IN THE SECOND DEGREE);
 SECTION 130.65 (SEXUAL  ABUSE  IN  THE  FIRST  DEGREE);  SECTION  130.66
 (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67 (AGGRA-
 VATED SEXUAL ABUSE IN THE SECOND  DEGREE);  SECTION  130.70  (AGGRAVATED
 SEXUAL  ABUSE  IN  THE FIRST DEGREE); SECTION 130.91 (SEXUALLY MOTIVATED
 FELONY); SECTION  130.95  (PREDATORY  SEXUAL  ASSAULT);  SECTION  130.96
 (PREDATORY  SEXUAL  ASSAULT  AGAINST  A CHILD); SECTION 135.05 (UNLAWFUL
 IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
 MENT  IN  THE  FIRST  DEGREE);  SECTION  135.60  (COERCION IN THE SECOND
 DEGREE); SECTION 135.65 (COERCION IN THE FIRST DEGREE);  SECTION  140.20
 (BURGLARY  IN  THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND
 DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);  SECTION  145.00
 (CRIMINAL  MISCHIEF  IN  THE  FOURTH  DEGREE);  SECTION 145.05 (CRIMINAL
 MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN  THE
 SECOND  DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
 SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION  215.50
 (CRIMINAL  CONTEMPT  IN  THE  SECOND  DEGREE);  SECTION 215.51 (CRIMINAL
 CONTEMPT IN THE  FIRST  DEGREE);  SECTION  215.52  (AGGRAVATED  CRIMINAL
 CONTEMPT);  SECTION 240.20 (DISORDERLY CONDUCT); SECTION 240.25 (HARASS-
 MENT IN THE FIRST DEGREE); SECTION  240.26  (HARASSMENT  IN  THE  SECOND
 DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR OF SECTION 240.30 (AGGRAVATED
 HARASSMENT IN THE SECOND DEGREE); AGGRAVATED FAMILY OFFENSE  AS  DEFINED
 IN  THIS SECTION OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FORE-
 GOING 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.
   3. FOR PURPOSES OF THIS SECTION, A MEMBER OF THE SAME FAMILY OR HOUSE-
 HOLD SHALL MEAN THE FOLLOWING INDIVIDUALS:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
   (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
   (E) UNRELATED PERSONS WHO ARE  CONTINUALLY  OR  AT  REGULAR  INTERVALS
 LIVING  IN  THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
 REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
 § 261.05 SENTENCING.
   A PERSON WHO IS FOUND GUILTY OF A DOMESTIC VIOLENCE  OFFENSE  PURSUANT
 TO  THIS  ARTICLE, AND THE SPECIFIED OFFENSE OCCURS IN THE PRESENCE OF A
 CHILD AGED FIFTEEN YEARS OR LESS, SHALL BE GUILTY OF A CLASS  E  FELONY.
 ANY  SENTENCE  IMPOSED PURSUANT TO A CONVICTION UNDER THIS SECTION IS TO
 BE SERVED  CONSECUTIVE  TO  ANY  SENTENCE  IMPOSED  FOR  THE  UNDERLYING
 OFFENSE.

 A. 5751                             3
 
   §  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
 chapter 56 of the laws of 1984, is amended to read as follows:
   2.  When more than one sentence of imprisonment is imposed on a person
 for two or more offenses committed through a single act or omission,  or
 through  an  act  or  omission  which  in  itself constituted one of the
 offenses and also was a material element of the  other,  the  sentences,
 except  if  one  or more of such sentences is for a violation of section
 270.20 of this chapter, must run concurrently.  PROVIDED, HOWEVER,  THAT
 IF  ONE  OR MORE OF SUCH SENTENCES IS FOR A CONVICTION UNDER ARTICLE TWO
 HUNDRED SIXTY-ONE OF THIS CHAPTER, THE SENTENCE MAY RUN CONSECUTIVELY.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.