Bill Text: NY A07984 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the domestic violence escalation prevention act including certain offenses against members of the same family or household within the definition of serious offense.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced) 2019-05-30 - referred to codes [A07984 Detail]

Download: New_York-2019-A07984-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7984

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced  by M. of A. O'DONNELL, WEPRIN, AUBRY, OTIS, WALKER, BRONSON,
          JAFFEE, BICHOTTE, TAYLOR, STECK, D'URSO, SIMOTAS, ORTIZ, SIMON, GLICK,
          SEAWRIGHT, BLAKE, BUCHWALD -- Multi-Sponsored by --  M.  of  A.  FAHY,
          PERRY, RICHARDSON -- read once and referred to the Committee on Codes

        AN  ACT  to  amend  the penal law, in relation to enacting the "domestic
          violence escalation prevention act"; and to repeal certain  provisions
          of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "domestic violence escalation prevention act".
     3    §  2.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
     4  law, as added by section 2 of chapter  232  of  the  laws  of  2010,  is
     5  REPEALED.
     6    §  3.  Subdivision  17 of section 265.00 of the penal law, as added by
     7  chapter 1041 of the laws of 1974, paragraph (a) as  amended  by  chapter
     8  264  of the laws of 2003, paragraph (b) as amended by chapter 232 of the
     9  laws of 2010, and paragraph (c) as added by chapter 60 of  the  laws  of
    10  2018, is amended to read as follows:
    11    17.  "Serious offense" means (a) any of the following offenses defined
    12  in the former penal law as in force  and  effect  immediately  prior  to
    13  September first, nineteen hundred sixty-seven: illegally using, carrying
    14  or  possessing  a pistol or other dangerous weapon; making or possessing
    15  burglar's instruments; buying or  receiving  stolen  property;  unlawful
    16  entry  of a building; aiding escape from prison; that kind of disorderly
    17  conduct defined in subdivisions six and eight of section  seven  hundred
    18  twenty-two of such former penal law; violations of sections four hundred
    19  eighty-three,  four  hundred  eighty-three-b, four hundred eighty-four-h
    20  and article one hundred six of such former penal law; that kind of crim-
    21  inal sexual act or rape which was designated as a misdemeanor; violation
    22  of section seventeen hundred forty-seven-d and seventeen hundred  forty-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11941-01-9

        A. 7984                             2

     1  seven-e  of  such  former  penal  law; any violation of any provision of
     2  article thirty-three of the public health law relating to narcotic drugs
     3  which was defined as a misdemeanor by section seventeen  hundred  fifty-
     4  one-a  of  such  former penal law, and any violation of any provision of
     5  article thirty-three-A of the public health law relating  to  depressant
     6  and stimulant drugs which was defined as a misdemeanor by section seven-
     7  teen hundred forty-seven-b of such former penal law[.];
     8    (b)  any of the following offenses defined in the penal law: illegally
     9  using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
    10  possession of burglar's tools; criminal possession of stolen property in
    11  the  third  degree;  escape  in  the  third degree; jostling; fraudulent
    12  accosting; endangering the welfare of a child; the offenses  defined  in
    13  article two hundred thirty-five; issuing abortional articles; permitting
    14  prostitution;  promoting  prostitution  in the third degree; stalking in
    15  the third degree; stalking in the fourth degree; the offenses defined in
    16  article one hundred thirty; the offenses defined in article two  hundred
    17  twenty[.];
    18    (c)  any of the following offenses, where the defendant and the person
    19  against whom the offense was committed were members of the  same  family
    20  or  household  as  defined  in  subdivision one of section 530.11 of the
    21  criminal procedure law and as established pursuant to section 370.15  of
    22  the criminal procedure law: assault in the third degree; menacing in the
    23  third  degree;  menacing  in  the second degree; criminal obstruction of
    24  breathing or blood circulation;  unlawful  imprisonment  in  the  second
    25  degree;  coercion  in  the third degree; criminal tampering in the third
    26  degree; criminal contempt in the second degree; harassment in the  first
    27  degree; aggravated harassment in the second degree; criminal trespass in
    28  the  third  degree; criminal trespass in the second degree; arson in the
    29  fifth degree; or attempt to commit any of the above-listed  offenses[.];
    30  or
    31    (d)  an  offense set forth in section 370.15 of the criminal procedure
    32  law in which the court makes a specific written determination  that  the
    33  defendant  is  related  or  situated  to  the victim of the crime in the
    34  manner specified in 18 U.S.C. 921(a)(33)(A)(ii) as provided  in  section
    35  370.15  of  the  criminal  procedure law, provided, however that no such
    36  written determination shall be required for an offense included in para-
    37  graph (a) or (b) of this subdivision.
    38    § 4. This act shall take effect immediately.
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