§ 370.15 Procedure for determining whether certain misdemeanor crimes

are serious offenses under the penal law.

1. When a defendant has been charged with assault in the third degree,
menacing in the third degree, menacing in the second degree, criminal
obstruction of breathing or blood circulation, unlawful imprisonment in
the second degree, coercion in the third degree, criminal tampering in
the third degree, criminal contempt in the second degree, harassment in
the first degree, aggravated harassment in the second degree, criminal
trespass in the third degree, criminal trespass in the second degree,
arson in the fifth degree, or attempt to commit any of the above-listed
offenses, the people shall, at arraignment or no later than forty-five
days after arraignment, serve on the defendant and file with the court a
notice alleging that the defendant and the person alleged to be the
victim of such crime were members of the same family or household as
defined in subdivision one of section 530.11 of this chapter.

2. Such notice shall include the name of the person alleged to be the
victim of such crime and shall specify the nature of the alleged
relationship as set forth in subdivision one of section 530.11 of this
chapter. Upon conviction of such offense, the court shall advise the
defendant that he or she is entitled to a hearing solely on the
allegation contained in the notice and, if necessary, an adjournment of
the sentencing proceeding in order to prepare for such hearing, and that
if such allegation is sustained, that determination and conviction will
be reported to the division of criminal justice services. If such
allegation is sustained, the court shall report the determination and
conviction to the division of criminal justice services within three
business days.

3. After having been advised by the court as provided in subdivision
two of this section, the defendant may stipulate or admit, orally on the
record or in writing, that he or she is related or situated to the
victim of such crime in the manner described in subdivision one of this
section. In such case, such relationship shall be deemed established. If
the defendant denies that he or she is related or situated to the victim
of the crime as alleged in the notice served by the people, or stands
mute with respect to such allegation, then the people shall bear the
burden to prove beyond a reasonable doubt that the defendant is related
or situated to the victim in the manner alleged in the notice. The court
may consider reliable hearsay evidence submitted by either party
provided that it is relevant to the determination of the allegation.
Facts previously proven at trial or elicited at the time of entry of a
plea of guilty shall be deemed established beyond a reasonable doubt and
shall not be relitigated. At the conclusion of the hearing, or upon such
a stipulation or admission, as applicable, the court shall make a
specific written determination with respect to such allegation.