S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9715
 
                           I N  A S S E M B L Y
 
                             February 6, 2020
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to procedures
   for  determining  whether  certain  misdemeanor  crimes  are   serious
   offenses  under the penal law and the defendant and alleged victim are
   members of the same family or household

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  3 of section 370.15 of the criminal
 procedure law, as added by chapter 60 of the laws of 2018,  are  amended
 to read as follows:
   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,
 arson  in the fifth degree, or attempt to commit any of the above-listed
 offenses, the people [may]  SHALL,  at  arraignment  or  no  later  than
 forty-five  days after arraignment, serve on the defendant and file with
 the court a notice alleging that the defendant and the person alleged to
 be the victim of such crime were members of the same family or household
 as defined in subdivision one of section 530.11 of this chapter.
   3. After having been advised by the court as provided  in  subdivision
 two of this section, the defendant may stipulate or admit, orally on the
 record  or  in  writing,  that  he  or she is related or situated to the
 victim of such crime in the manner described in subdivision one of  this
 section. In such case, such relationship shall be deemed established. If
 the defendant denies that he or she is related or situated to the victim
 of  the  crime  as alleged in the notice served by the people, or stands
 mute with respect to such allegation, then the  people  shall  bear  the
 burden  to  prove  [beyond a reasonable doubt] BY A PREPONDERANCE OF THE
 EVIDENCE that the defendant is related or situated to the victim in  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14857-01-0

 A. 9715                             2
 
 manner  alleged  in  the notice. The court may consider reliable hearsay
 evidence submitted by either party provided that it is relevant  to  the
 determination  of  the allegation.   Facts previously proven at trial or
 elicited at the time of entry of a plea of guilty shall be deemed estab-
 lished  beyond  a  reasonable doubt and shall not be relitigated. At the
 conclusion of the hearing, or upon such a stipulation or  admission,  as
 applicable,  the  court shall make a specific written determination with
 respect to such allegation.
   § 2. This act shall take effect immediately.