Assembly Bill A3385

2023-2024 Legislative Session

Relates to enhancing penalties and protecting victims of crimes of domestic violence

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3385 (ACTIVE) - Details

See Senate Version of this Bill:
S2527
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §510.30, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6773
2013-2014: S4091
2015-2016: S839
2017-2018: S294
2019-2020: S75
2021-2022: A8119, S6283

2023-A3385 (ACTIVE) - Summary

Relates to enhancing penalties and protecting victims of crimes of domestic violence.

2023-A3385 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3385
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to enhancing punishment for
   crimes involving domestic violence; and to amend the  criminal  proce-
   dure  law,  in  relation  to the consideration of certain factors when
   determining the issuance of an order of recognizance or bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section  240.30  of the penal law, as
 amended by chapter 188 of the laws  of  2014,  is  amended  to  read  as
 follows:
   5.  He  or  she commits the crime of harassment in the first degree OR
 SECOND DEGREE and has previously been convicted of the crime of  harass-
 ment  in  the first degree OR SECOND DEGREE as defined by section 240.25
 OR 240.26 of this article within the preceding ten years.
   § 2. The section heading, opening paragraph and closing  paragraph  of
 section  240.31  of the penal law, the section heading and closing para-
 graph as amended by chapter 49 of the laws of 2006 and the opening para-
 graph as amended by chapter 8 of the laws of 2019, are amended  to  read
 as follows:
   [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
   A person is guilty of BIAS RELATED aggravated harassment [in the first
 degree]  when  with  intent  to harass, annoy, threaten or alarm another
 person, because of a belief or perception regarding such person's  race,
 color, national origin, ancestry, gender, gender identity or expression,
 religion,  religious  practice,  age,  disability or sexual orientation,
 regardless of whether the belief or perception is correct, he or she:
   [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first  degree]
 is a class E felony.
   §  3.  The penal law is amended by adding a new section 240.29 to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05607-01-3
              

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