|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to codes|
|Jan 06, 2021||referred to codes|
senate Bill S455
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S455 (ACTIVE) - Details
S455 (ACTIVE) - Sponsor Memo
BILL NUMBER: S455 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of domestic violence PURPOSE: To ensure that convicted domestic violence abusers are entered into the FBI's National Instant Criminal Background Check System and thus prevented from accessing firearms in the future. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Penal Code by adding a new section 240.78 to estab- lish the crime of domestic violence. Section 2 sets forth the effective date.
S455 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 455 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. BIAGGI, GOUNARDES, KAMINSKY, KAPLAN -- 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
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