S T A T E O F N E W Y O R K
________________________________________________________________________
7125
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sen. BIAGGI -- 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 establishing the crime of
domestic violence
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 section 240.78 to
read as follows:
§ 240.78 DOMESTIC VIOLENCE.
1. A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE COMMITS A
SPECIFIED MISDEMEANOR DEFINED IN SUBDIVISION THREE OF THIS SECTION AND
WHERE THERE WAS A SPECIFIED RELATIONSHIP BETWEEN THE DEFENDANT AND THE
PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED AS DEFINED IN SUBDIVISION
TWO OF THIS SECTION.
2. A "SPECIFIED RELATIONSHIP" IS ONE WHERE (A) THE DEFENDANT IS A
CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM; (B) THE
DEFENDANT IS A PERSON WITH WHOM THE VICTIM SHARES A CHILD IN COMMON; (C)
THE DEFENDANT IS A PERSON WHO IS COHABITATING WITH OR HAS COHABITATED
WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN; OR (D) THE DEFENDANT IS
A PERSON SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF THE
VICTIM.
3. A "SPECIFIED MISDEMEANOR" IS AN OFFENSE DEFINED IN SECTION 120.00
(ASSAULT IN THE THIRD DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 121.11 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION); SECTION 130.52 (FORCIBLE TOUCHING); OR SECTION 240.30
(AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THIS PART.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14274-01-9