senate Bill S455

2021-2022 Legislative Session

Relates to establishing the crime of domestic violence

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

Co-Sponsors

S455 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §240.78, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S7125

S455 (ACTIVE) - Summary

Establishes the crime of domestic violence punishable as a class A misdemeanor.

S455 (ACTIVE) - Sponsor Memo

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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