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Assembly Bill A5394A

2021-2022 Legislative Session

Requires counseling for certain domestic violence offenders

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A5394 - Details

See Senate Version of this Bill:
S644
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6847
2017-2018: S4694
2019-2020: S3225

2021-A5394 - Summary

Requires counseling for certain domestic violence offenders; requires a defendant to provide proof of attendance of such counseling upon request of the court.

2021-A5394 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5394
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring  counseling  for
   certain domestic violence offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 65.10 of the penal law is amended by adding  a  new
 subdivision 6 to read as follows:
   6.  MANDATORY  CONDITIONS FOR DOMESTIC VIOLENCE CASES. WHEN IMPOSING A
 SENTENCE  OF  PROBATION  FOR  A  CRIME  OR  OFFENSE  INVOLVING  DOMESTIC
 VIOLENCE,  THE  COURT SHALL REQUIRE, IN ADDITION TO ANY OTHER CONDITIONS
 IMPOSED PURSUANT TO THIS SECTION, THE DEFENDANT TO RECEIVE  PROFESSIONAL
 COUNSELING  FROM  EITHER  A  PRIVATE SOURCE OR A SOURCE APPOINTED BY THE
 COURT, BUT IN EITHER CASE, SUCH  COUNSELING  SHALL  BE  CONDUCTED  BY  A
 PERSON  WHO  HAS  DEMONSTRATED EXPERTISE IN INDIVIDUAL OR GROUP DOMESTIC
 VIOLENCE COUNSELING. THE COURT SHALL REQUIRE THE  DEFENDANT  TO  PROVIDE
 DOCUMENTATION OF ATTENDANCE AT SUCH PROFESSIONAL COUNSELING.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 MANDATORY COUNSELING FOR DOMESTIC VIOLENCE CASES.
   IN  ANY CASE WHERE THE COURT SUSPENDS THE IMPOSITION OF A SENTENCE FOR
 A CRIME OR OFFENSE INVOLVING DOMESTIC VIOLENCE, THE COURT SHALL REQUIRE,
 IN ADDITION TO ANY OTHER CONDITIONS IMPOSED PURSUANT  TO  THIS  CHAPTER,
 THE  DEFENDANT  TO RECEIVE PROFESSIONAL COUNSELING FROM EITHER A PRIVATE
 SOURCE OR A SOURCE APPOINTED BY THE COURT,  BUT  IN  EITHER  CASE,  SUCH
 COUNSELING SHALL BE CONDUCTED BY A PERSON WHO HAS DEMONSTRATED EXPERTISE
 IN  INDIVIDUAL  OR  GROUP  DOMESTIC VIOLENCE COUNSELING. THE COURT SHALL
 REQUIRE THE DEFENDANT TO PROVIDE DOCUMENTATION  OF  ATTENDANCE  AT  SUCH
 PROFESSIONAL COUNSELING.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05183-01-1

2021-A5394A (ACTIVE) - Details

See Senate Version of this Bill:
S644
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6847
2017-2018: S4694
2019-2020: S3225

2021-A5394A (ACTIVE) - Summary

Requires counseling for certain domestic violence offenders; requires a defendant to provide proof of attendance of such counseling upon request of the court.

2021-A5394A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5394--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to requiring counseling for
   certain domestic violence offenders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 65.10 of the penal law is amended by adding a new
 subdivision 6 to read as follows:
   6. CONDITIONS FOR DOMESTIC VIOLENCE CASES. WHEN IMPOSING A SENTENCE OF
 PROBATION FOR A CRIME OR OFFENSE INVOLVING DOMESTIC VIOLENCE, THE  COURT
 SHALL  REQUIRE,  IN ADDITION TO ANY OTHER CONDITIONS IMPOSED PURSUANT TO
 THIS SECTION, THE DEFENDANT  TO  RECEIVE  PROFESSIONAL  COUNSELING  FROM
 EITHER  A  PRIVATE  SOURCE  OR  A  SOURCE APPOINTED BY THE COURT, BUT IN
 EITHER CASE, SUCH COUNSELING SHALL BE CONDUCTED  BY  A  PERSON  WHO  HAS
 DEMONSTRATED  EXPERTISE  IN  INDIVIDUAL OR GROUP DOMESTIC VIOLENCE COUN-
 SELING, WHERE THE COURT DETERMINES THAT SUCH COUNSELING  IS  APPROPRIATE
 AND AVAILABLE.  UPON THE REQUEST OF THE COURT, A DEFENDANT SHALL PROVIDE
 PROOF OF ATTENDANCE OF SUCH COUNSELING.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05183-02-1

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