S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8901--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the penal law, the criminal procedure law and the execu-
   tive law, in relation to establishing domestic violence crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title O of the penal law is amended by adding a new article
 256 to read as follows:
 
                                ARTICLE 256
                         DOMESTIC VIOLENCE CRIMES
 
 SECTION 256.00 DOMESTIC VIOLENCE CRIMES.
 § 256.00 DOMESTIC VIOLENCE CRIMES.
   1.  A  PERSON  COMMITS A DOMESTIC VIOLENCE CRIME WHEN HE OR SHE INTEN-
 TIONALLY COMMITS OR INTENDS TO COMMIT  A  SPECIFIED  OFFENSE  AGAINST  A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD.
   2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE THIRD
 DEGREE); SECTION 120.02 (RECKLESS ASSAULT OF A  CHILD);  SECTION  120.05
 (ASSAULT  IN  THE  SECOND  DEGREE); SECTION 120.10 (ASSAULT IN THE FIRST
 DEGREE); SECTION 120.13 (MENACING IN THE FIRST DEGREE);  SECTION  120.14
 (MENACING  IN  THE SECOND DEGREE); SECTION 120.15 (MENACING IN THE THIRD
 DEGREE); SECTION 120.20 (RECKLESS ENDANGERMENT IN  THE  SECOND  DEGREE);
 SECTION  120.25  (RECKLESS  ENDANGERMENT  IN  THE FIRST DEGREE); SECTION
 120.30 (PROMOTING A SUICIDE ATTEMPT); SECTION 120.45  (STALKING  IN  THE
 FOURTH  DEGREE);  SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION
 120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN  THE
 FIRST  DEGREE);  SECTION  121.11  (CRIMINAL  OBSTRUCTION OF BREATHING OR
 BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
 SECTION 121.13 (STRANGULATION  IN  THE  FIRST  DEGREE);  SECTION  125.10
 (CRIMINALLY  NEGLIGENT  HOMICIDE);  SECTION  125.15 (MANSLAUGHTER IN THE
 SECOND DEGREE); SECTION  125.20  (MANSLAUGHTER  IN  THE  FIRST  DEGREE);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13602-03-4
 A. 8901--A                          2
 
 SECTION  125.25  (MURDER  IN  THE SECOND DEGREE); SECTION 130.20 (SEXUAL
 MISCONDUCT); SECTION 130.25 (RAPE IN THE THIRD DEGREE);  SECTION  130.30
 (RAPE  IN THE SECOND DEGREE); SECTION 130.35 (RAPE IN THE FIRST DEGREE);
 SECTION 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45
 (CRIMINAL  SEXUAL  ACT  IN  THE SECOND DEGREE); SECTION 130.50 (CRIMINAL
 SEXUAL ACT IN THE FIRST DEGREE);  SECTION  130.52  (FORCIBLE  TOUCHING);
 SECTION  130.53  (PERSISTENT SEXUAL ABUSE); SECTION 130.55 (SEXUAL ABUSE
 IN THE THIRD  DEGREE);  SECTION  130.60  (SEXUAL  ABUSE  IN  THE  SECOND
 DEGREE);  SECTION  130.65  (SEXUAL  ABUSE  IN THE FIRST DEGREE); SECTION
 130.65-A (AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE); SECTION  130.66
 (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67 (AGGRA-
 VATED SEXUAL ABUSE IN THE SECOND  DEGREE);  SECTION  130.70  (AGGRAVATED
 SEXUAL  ABUSE  IN  THE  FIRST  DEGREE); SECTION 130.75 (COURSE OF SEXUAL
 CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); SECTION 130.80 (COURSE  OF
 SEXUAL  CONDUCT  AGAINST  A  CHILD IN THE SECOND DEGREE); SECTION 130.85
 (FEMALE GENITAL MUTILATION); SECTION 130.90 (FACILITATING A SEX  OFFENSE
 WITH  A  CONTROLLED SUBSTANCE); SECTION 130.91 (SEXUALLY MOTIVATED FELO-
 NY); SECTION 130.95 (PREDATORY SEXUAL ASSAULT); SECTION 130.96 (PREDATO-
 RY SEXUAL ASSAULT AGAINST A CHILD); SECTION 135.05  (UNLAWFUL  IMPRISON-
 MENT IN THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT IN THE
 FIRST DEGREE); SECTION 135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION
 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE
 THIRD  DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION
 135.65 (COERCION  IN  THE  FIRST  DEGREE);  SECTION  140.05  (TRESPASS);
 SECTION  140.15 (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17
 (CRIMINAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE
 THIRD DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND  DEGREE);  SECTION
 140.30 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF
 IN  THE  FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD
 DEGREE); SECTION  145.10  (CRIMINAL  MISCHIEF  IN  THE  SECOND  DEGREE);
 SECTION  145.12  (CRIMINAL MISCHIEF IN THE FIRST DEGREE); SECTION 145.14
 (CRIMINAL TAMPERING IN  THE  THIRD  DEGREE);  SECTION  215.50  (CRIMINAL
 CONTEMPT IN THE SECOND DEGREE); SECTION 215.51 (CRIMINAL CONTEMPT IN THE
 FIRST  DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL CONTEMPT); SECTION
 240.20 (DISORDERLY CONDUCT); SECTION 240.25  (HARASSMENT  IN  THE  FIRST
 DEGREE);  SECTION  240.26 (HARASSMENT IN THE SECOND DEGREE); SUBDIVISION
 ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE  SECOND
 DEGREE); SECTION 240.70 (CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES
 OR  RELIGIOUS  WORSHIP IN THE SECOND DEGREE); SECTION 240.72 (AGGRAVATED
 INTERFERENCE WITH HEALTH CARE SERVICES IN THE  SECOND  DEGREE);  SECTION
 240.73  (AGGRAVATED  INTERFERENCE WITH HEALTH CARE SERVICES IN THE FIRST
 DEGREE); SECTION 240.75 (AGGRAVATED FAMILY OFFENSE); OR ANY  ATTEMPT  OR
 CONSPIRACY  TO  COMMIT ANY OF THE FOREGOING OFFENSES WHERE THE DEFENDANT
 AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED  WERE  MEMBERS  OF
 THE  SAME  FAMILY  OR  HOUSEHOLD AS DEFINED IN SUBDIVISION THREE OF THIS
 SECTION. A "SPECIFIED OFFENSE" SHALL ALSO BE AN OFFENSE DEFINED  BY  ANY
 OF  THE  FOLLOWING PROVISIONS OF THIS CHAPTER: SECTION 242.05 (INTERFER-
 ENCE, HARASSMENT OR INTIMIDATION OF A SERVICE ANIMAL) AND SECTION 242.10
 (HARMING A SERVICE ANIMAL IN THE SECOND DEGREE) WHEN SUCH SERVICE ANIMAL
 IS OWNED BY MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDI-
 VISION THREE OF THIS SECTION.
   3. FOR PURPOSES OF THIS SECTION, A MEMBER OF THE SAME FAMILY OR HOUSE-
 HOLD SHALL MEAN THE FOLLOWING INDIVIDUALS:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
 A. 8901--A                          3
 
   (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
   (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
   (E) UNRELATED PERSONS WHO ARE  CONTINUALLY  OR  AT  REGULAR  INTERVALS
 LIVING  IN  THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
 REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 AUTHORIZED DISPOSITION; DOMESTIC VIOLENCE CRIMES.
   1. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION 256.00 OF THIS CHAPTER, AND THE SPECIFIED OFFENSE IS  A  VIOLENT
 FELONY  OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS TITLE, THE DOMESTIC
 VIOLENCE CRIME MAY BE DEEMED A VIOLENT FELONY OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION 256.00 OF THIS CHAPTER AND THE SPECIFIED OFFENSE IS A  MISDEMEA-
 NOR  OR  A  CLASS  C,  D OR E FELONY, THE DOMESTIC VIOLENCE CRIME MAY BE
 DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE  DEFEND-
 ANT COMMITTED,  OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE
 TO  THE  DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A
 SPECIFIED  OFFENSE, WHICHEVER IS APPLICABLE.
   3. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION 256.00 OF THIS CHAPTER AND THE SPECIFIED OFFENSE IS A VIOLATION,
 THE DOMESTIC VIOLENCE CRIME MAY BE DEEMED AN UNCLASSIFIED MISDEMEANOR.
   4. IN ADDITION TO ANY OF THE DISPOSITIONS AUTHORIZED BY THIS  CHAPTER,
 THE  COURT  MAY    REQUIRE AS PART OF THE SENTENCE IMPOSED UPON A PERSON
 CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO THIS ARTICLE,    THAT
 THE  DEFENDANT  COMPLETE AN ACCOUNTABILITY PROGRAM FOR PERSONS WHO CAUSE
 HARM CERTIFIED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE  IN
 ACCORDANCE  WITH  PARAGRAPH  (M)  OF  SUBDIVISION  THREE OF SECTION FIVE
 HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 2 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
 A. 8901--A                          4
 
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V)  A  DOMESTIC  VIOLENCE  CRIME  AS DEFINED IN SECTION 256.00 OF THE
 PENAL LAW.
   § 4. Paragraph (m) of subdivision 3 of section 575  of  the  executive
 law,  as  amended  by  section  1 of part B of chapter 55 of the laws of
 2021, is amended to read as follows:
   (m) [promoting best practices for abusive partner intervention] DEVEL-
 OPING STANDARDS, RULES, AND REGULATIONS FOR ACCOUNTABILITY PROGRAMS  FOR
 PERSONS WHO CAUSE HARM AND CERTIFYING PROGRAMS THAT MEET SUCH STANDARDS,
 RULES, AND REGULATIONS;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.