Bill Text: NY S00455 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the crime of domestic violence punishable as a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-07-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00455 Detail]

Download: New_York-2021-S00455-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           455

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  BIAGGI, GOUNARDES, KAMINSKY, KAPLAN -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to establishing the crime  of
          domestic violence

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

     1    Section 1. The penal law is amended by adding a new section 240.78  to
     2  read as follows:
     3  § 240.78 Domestic violence.
     4    1.  A  person  is guilty of domestic violence when he or she commits a
     5  specified misdemeanor defined in subdivision three of this  section  and
     6  where  there  was a specified relationship between the defendant and the
     7  person against whom the offense was committed as defined in  subdivision
     8  two of this section.
     9    2.  A  "specified  relationship"  is  one where (a) the defendant is a
    10  current or former spouse, parent or guardian  of  the  victim;  (b)  the
    11  defendant is a person with whom the victim shares a child in common; (c)
    12  the  defendant  is  a person who is cohabitating with or has cohabitated
    13  with the victim as a spouse, parent or guardian; or (d) the defendant is
    14  a person similarly situated to a  spouse,  parent  or  guardian  of  the
    15  victim.
    16    3.  A  "specified misdemeanor" is an offense defined in section 120.00
    17  (assault in the third degree); section 120.14 (menacing  in  the  second
    18  degree);  section  121.11  (criminal  obstruction  of breathing or blood
    19  circulation); section 130.52  (forcible  touching);  or  section  240.30
    20  (aggravated harassment in the second degree) of this part.
    21    Domestic violence is a class A misdemeanor.
    22    §  2.  This  act shall take effect on the ninetieth day after it shall
    23  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02960-01-1