Bill Text: NY A09715 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the people to serve the defendant at arraignment or no later than forty-five days after arraignment, 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; must prove by a preponderance of the evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-03 - enacting clause stricken [A09715 Detail]
Download: New_York-2019-A09715-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9715 IN ASSEMBLY February 6, 2020 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to procedures for determining whether certain misdemeanor crimes are serious offenses under the penal law and the defendant and alleged victim are members of the same family or household The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 3 of section 370.15 of the criminal 2 procedure law, as added by chapter 60 of the laws of 2018, are amended 3 to read as follows: 4 1. When a defendant has been charged with assault in the third degree, 5 menacing in the third degree, menacing in the second degree, criminal 6 obstruction of breathing or blood circulation, unlawful imprisonment in 7 the second degree, coercion in the third degree, criminal tampering in 8 the third degree, criminal contempt in the second degree, harassment in 9 the first degree, aggravated harassment in the second degree, criminal 10 trespass in the third degree, criminal trespass in the second degree, 11 arson in the fifth degree, or attempt to commit any of the above-listed 12 offenses, the people [may] shall, at arraignment or no later than 13 forty-five days after arraignment, serve on the defendant and file with 14 the court a notice alleging that the defendant and the person alleged to 15 be the victim of such crime were members of the same family or household 16 as defined in subdivision one of section 530.11 of this chapter. 17 3. After having been advised by the court as provided in subdivision 18 two of this section, the defendant may stipulate or admit, orally on the 19 record or in writing, that he or she is related or situated to the 20 victim of such crime in the manner described in subdivision one of this 21 section. In such case, such relationship shall be deemed established. If 22 the defendant denies that he or she is related or situated to the victim 23 of the crime as alleged in the notice served by the people, or stands 24 mute with respect to such allegation, then the people shall bear the 25 burden to prove [beyond a reasonable doubt] by a preponderance of the 26 evidence that the defendant is related or situated to the victim in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14857-01-0A. 9715 2 1 manner alleged in the notice. The court may consider reliable hearsay 2 evidence submitted by either party provided that it is relevant to the 3 determination of the allegation. Facts previously proven at trial or 4 elicited at the time of entry of a plea of guilty shall be deemed estab- 5 lished beyond a reasonable doubt and shall not be relitigated. At the 6 conclusion of the hearing, or upon such a stipulation or admission, as 7 applicable, the court shall make a specific written determination with 8 respect to such allegation. 9 § 2. This act shall take effect immediately.
