S T A T E O F N E W Y O R K
________________________________________________________________________
7984
2019-2020 Regular Sessions
I N A S S E M B L Y
May 30, 2019
___________
Introduced by M. of A. O'DONNELL, WEPRIN, AUBRY, OTIS, WALKER, BRONSON,
JAFFEE, BICHOTTE, TAYLOR, STECK, D'URSO, SIMOTAS, ORTIZ, SIMON, GLICK,
SEAWRIGHT, BLAKE, BUCHWALD -- Multi-Sponsored by -- M. of A. FAHY,
PERRY, RICHARDSON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the "domestic
violence escalation prevention act"; and to repeal certain provisions
of such law relating thereto
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".
§ 2. Paragraph (b) of subdivision 17 of section 265.00 of the penal
law, as added by section 2 of chapter 232 of the laws of 2010, is
REPEALED.
§ 3. Subdivision 17 of section 265.00 of the penal law, as added by
chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
264 of the laws of 2003, paragraph (b) as amended by chapter 232 of the
laws of 2010, and paragraph (c) as added by chapter 60 of the laws of
2018, is amended to read as follows:
17. "Serious offense" means (a) any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar's instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of crim-
inal sexual act or rape which was designated as a misdemeanor; violation
of section seventeen hundred forty-seven-d and seventeen hundred forty-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11941-01-9
A. 7984 2
seven-e of such former penal law; any violation of any provision of
article thirty-three of the public health law relating to narcotic drugs
which was defined as a misdemeanor by section seventeen hundred fifty-
one-a of such former penal law, and any violation of any provision of
article thirty-three-A of the public health law relating to depressant
and stimulant drugs which was defined as a misdemeanor by section seven-
teen hundred forty-seven-b of such former penal law[.];
(b) any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon;
possession of burglar's tools; criminal possession of stolen property in
the third degree; escape in the third degree; jostling; fraudulent
accosting; endangering the welfare of a child; the offenses defined in
article two hundred thirty-five; issuing abortional articles; permitting
prostitution; promoting prostitution in the third degree; stalking in
the third degree; stalking in the fourth degree; the offenses defined in
article one hundred thirty; the offenses defined in article two hundred
twenty[.];
(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[.];
OR
(D) AN OFFENSE SET FORTH IN 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 PARA-
GRAPH (A) OR (B) OF THIS SUBDIVISION.
§ 4. This act shall take effect immediately.