Senate Bill S8932

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8932
 
                             I N  S E N A T E
 
                             January 16, 2026
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend  the  executive  law,  in  relation  to  establishing  a
   persistent domestic violence offender registry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Savanna's Law".
   §  2.  The  executive law is amended by adding a new section 837-aa to
 read as follows:
   § 837-AA. PERSISTENT DOMESTIC VIOLENCE OFFENDER REGISTRY. 1.  AS  USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CONVICTED"  AND "CONVICTION" MEAN A VERDICT OF GUILTY BY A JUDGE
 OR JURY OR A PLEA OF GUILTY AND INCLUDE A PLEA OF NOLO CONTENDERE AND  A
 BEST INTEREST PLEA ACCEPTED BY THE COURT.
   (B)  "VICTIM  OF DOMESTIC VIOLENCE" HAS THE SAME MEANING AS DEFINED IN
 SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   (C) "PERSISTENT DOMESTIC VIOLENCE OFFENDER" MEANS A PERSON WHO:
   (I) HAS BEEN CONVICTED IN THIS STATE OF A DOMESTIC  VIOLENCE  OFFENSE;
 AND
   (II)  HAS  AT  LEAST  ONE  PRIOR  CONVICTION  FOR  A DOMESTIC VIOLENCE
 OFFENSE.
   (D)  "DOMESTIC  VIOLENCE"  MEANS  AN  ACT  WHICH  WOULD  CONSTITUTE  A
 VIOLATION  OF  THE PENAL LAW, INCLUDING, BUT NOT LIMITED TO ACTS CONSTI-
 TUTING DISORDERLY CONDUCT,  HARASSMENT,  AGGRAVATED  HARASSMENT,  SEXUAL
 MISCONDUCT,   FORCIBLE   TOUCHING,   SEXUAL  ABUSE,  STALKING,  CRIMINAL
 MISCHIEF,  MENACING,   RECKLESS   ENDANGERMENT,   KIDNAPPING,   ASSAULT,
 ATTEMPTED  ASSAULT,  ATTEMPTED MURDER, CRIMINAL OBSTRUCTION OF BREATHING
 OR BLOOD CIRCULATION, STRANGULATION, IDENTITY THEFT,  GRAND  LARCENY  OR
 COERCION,  WHICH  HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER OF
 THE VICTIM.
   (E) "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
   (I) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (II) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14459-01-6
 S. 8932                             2
 
   (III) PERSONS FORMERLY MARRIED TO ONE ANOTHER  REGARDLESS  OF  WHETHER
 THEY STILL RESIDE IN THE SAME HOUSEHOLD;
   (IV)  PERSONS  WHO  HAVE  A CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
   (V) 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;
   (VI) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND  WHO
 ARE  OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
 PERSONS HAVE LIVED TOGETHER AT ANY TIME. FACTORS THAT MAY BE  CONSIDERED
 IN  DETERMINING  WHETHER  A  RELATIONSHIP  IS AN "INTIMATE RELATIONSHIP"
 INCLUDE, BUT ARE NOT LIMITED TO: THE NATURE  OR  TYPE  OF  RELATIONSHIP,
 REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN-
 CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION-
 SHIP.  NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION BETWEEN
 TWO  INDIVIDUALS  IN  BUSINESS  OR  SOCIAL  CONTEXTS  SHALL BE DEEMED TO
 CONSTITUTE AN "INTIMATE RELATIONSHIP"; OR
   (VII) ANY OTHER CATEGORY OF INDIVIDUALS  DEEMED  TO  BE  A  VICTIM  OF
 DOMESTIC  VIOLENCE  AS  DEFINED  BY  THE  OFFICE  OF CHILDREN AND FAMILY
 SERVICES IN REGULATION.
   2. (A) THERE IS CREATED WITHIN THE DIVISION A REGISTRY  OF  PERSISTENT
 DOMESTIC VIOLENCE OFFENDERS.
   (B)  THE  DIVISION SHALL MAINTAIN THIS REGISTRY BASED UPON INFORMATION
 SUPPLIED TO THE DIVISION BY THE COURT CLERKS PURSUANT TO PARAGRAPHS  (C)
 AND  (D)  OF  THIS SUBDIVISION AND INFORMATION AVAILABLE TO THE DIVISION
 FROM THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  AND  STATE
 AND LOCAL LAW ENFORCEMENT AGENCIES. THE DIVISION SHALL MAKE THE REGISTRY
 AVAILABLE FOR PUBLIC INQUIRY ON THE INTERNET.
   (C)  THE  REGISTRY  SHALL  CONSIST OF THE PERSISTENT DOMESTIC VIOLENCE
 OFFENDER'S NAME, DATE OF BIRTH, CONVICTION DATE, COUNTY OR  COUNTIES  OF
 CONVICTIONS,  AND  A  CURRENT  PHOTOGRAPH  OF  THE  PERSISTENT  DOMESTIC
 VIOLENCE OFFENDER. IF AVAILABLE  AFTER  REASONABLE  INQUIRY,  THE  COURT
 CLERK  SHALL PROVIDE THE DIVISION WITH A COPY OF THE PERSISTENT DOMESTIC
 VIOLENCE OFFENDER'S DRIVER LICENSE, OR OTHER STATE OR FEDERAL  IDENTIFI-
 CATION,  AND  SUCH  OTHER IDENTIFYING DATA AS THE DIVISION DETERMINES IS
 NECESSARY TO PROPERLY IDENTIFY THE PERSISTENT DOMESTIC VIOLENCE OFFENDER
 AND EXCLUDE INNOCENT PERSONS. HOWEVER, THE REGISTRY AVAILABLE FOR PUBLIC
 INQUIRY MUST NOT INCLUDE THE  PERSISTENT  DOMESTIC  VIOLENCE  OFFENDER'S
 ADDRESS,  SOCIAL  SECURITY  NUMBER,  DRIVER LICENSE NUMBER, OR ANY OTHER
 STATE OR FEDERAL IDENTIFICATION NUMBER.
   (D)(I) IF A PERSON IS CONVICTED OF  AN  OFFENSE  COMMITTED  AGAINST  A
 VICTIM  OF  DOMESTIC  VIOLENCE AND THE PERSON CONVICTED HAS AT LEAST ONE
 PRIOR CONVICTION FOR AN OFFENSE COMMITTED AGAINST A VICTIM  OF  DOMESTIC
 VIOLENCE,  THEN  THE  COURT  SHALL,  UPON PROOF OF ANY PRIOR CONVICTIONS
 COMMITTED AGAINST A VICTIM OF DOMESTIC VIOLENCE, ORDER THE DEFENDANT  TO
 REGISTER AS A PERSISTENT DOMESTIC VIOLENCE OFFENDER UNDER THIS SECTION.
   (II)  IF  A  COURT  ORDERS A DEFENDANT TO REGISTER UNDER THIS SECTION,
 THEN THE COURT CLERK SHALL FORWARD TO THE DIVISION A CERTIFIED  COPY  OF
 THE  QUALIFYING  CONVICTION  AND THE DATE OF BIRTH OF THE DEFENDANT. THE
 COURT CLERK SHALL FORWARD THE INFORMATION TO THE DIVISION  WITHIN  SEVEN
 DAYS OF THE DATE OF THE CONVICTION.
   (E)  IN  ADDITION  TO  ANY  OTHER PUNISHMENT THAT MAY BE IMPOSED FOR A
 CONVICTION OF THE OFFENSE, A DEFENDANT REQUIRED TO REGISTER  UNDER  THIS
 SECTION  SHALL  BE  ASSESSED  A  REGISTRATION  FEE  IN THE AMOUNT OF ONE
 HUNDRED FIFTY DOLLARS, WHICH SHALL BE PAID TO THE  CLERK  OF  THE  COURT
 IMPOSING THE SENTENCE, WHO SHALL:
 S. 8932                             3
 
   (I)  RETAIN  FIFTY  DOLLARS  OF THE FEE FOR THE ADMINISTRATION OF THIS
 SECTION, WHICH SHALL BE RESERVED FOR THE  PURPOSES  AUTHORIZED  BY  THIS
 SECTION AT THE END OF EACH FISCAL YEAR; AND
   (II)  REMIT  ONE  HUNDRED  DOLLARS OF THE FEE TO THE DOMESTIC VIOLENCE
 AWARENESS FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-YYY  OF  THE
 STATE  FINANCE  LAW,  AS ADDED BY CHAPTER SIX HUNDRED THIRTY-FOUR OF THE
 LAWS OF TWO THOUSAND TWO.
   (F) THE DIVISION SHALL REMOVE FROM THE REGISTRY  THE  NAME  AND  OTHER
 IDENTIFYING  INFORMATION  OF  A  PERSISTENT  DOMESTIC  VIOLENCE OFFENDER
 REQUIRED TO REGISTER UNDER THIS SECTION:
   (I) FIVE YEARS AFTER THE DATE OF THE MOST  RECENT  CONVICTION  FOR  AN
 OFFENSE  COMMITTED  AGAINST A DOMESTIC ABUSE VICTIM IF THE DEFENDANT HAS
 ONE PRIOR CONVICTION FOR AN OFFENSE COMMITTED AGAINST A VICTIM OF DOMES-
 TIC VIOLENCE;
   (II) SEVEN YEARS AFTER THE DATE OF THE MOST RECENT CONVICTION  FOR  AN
 OFFENSE  COMMITTED  AGAINST A DOMESTIC ABUSE VICTIM IF THE DEFENDANT HAS
 TWO PRIOR CONVICTIONS FOR AN  OFFENSE  COMMITTED  AGAINST  A  VICTIM  OF
 DOMESTIC VIOLENCE;
   (III)  TEN  YEARS  AFTER THE DATE OF THE MOST RECENT CONVICTION FOR AN
 OFFENSE COMMITTED AGAINST A DOMESTIC ABUSE VICTIM IF THE  DEFENDANT  HAS
 THREE  PRIOR  CONVICTIONS  FOR  AN OFFENSE COMMITTED AGAINST A VICTIM OF
 DOMESTIC VIOLENCE; AND
   (IV) TWENTY YEARS AFTER THE DATE OF THE MOST RECENT CONVICTION FOR  AN
 OFFENSE  COMMITTED  AGAINST A DOMESTIC ABUSE VICTIM IF THE DEFENDANT HAS
 FOUR OR MORE PRIOR CONVICTIONS FOR AN OFFENSE COMMITTED AGAINST A VICTIM
 OF DOMESTIC VIOLENCE.
   (G) THIS SECTION APPLIES ONLY  TO  PERSONS  CONVICTED  OF  A  DOMESTIC
 VIOLENCE  OFFENSE  THAT OCCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-SEVEN;  PROVIDED,  HOWEVER,  THAT  A  PRIOR  CONVICTION  FOR  THE
 PURPOSES OF THIS SECTION MAY HAVE OCCURRED BEFORE SUCH DATE.
   § 3. This act shall take effect January 1, 2027.