Bill Text: NY A09938 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the people to serve defendants notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household within 45 days of arraignment.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-02-27 - referred to codes [A09938 Detail]

Download: New_York-2019-A09938-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9938

                   IN ASSEMBLY

                                    February 27, 2020
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation to requiring the
          people to serve defendants notice alleging that the defendant and  the
          person alleged to be the victim of such crime were 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. Subdivision 1 of section 370.15 of the  criminal  procedure
     2  law,  as  added by chapter 60 of the laws of 2018, is amended to read as
     3  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    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14434-01-9