Bill Text: NY S07650 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides that the commission of certain specified crimes which are committed against a member of the same family or household shall be punishable as domestic violence crimes and carry enhanced penalties.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2018-06-18 - referred to codes [S07650 Detail]
Download: New_York-2017-S07650-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7650 IN SENATE February 5, 2018 ___________ Introduced by Sens. PHILLIPS, YOUNG -- 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 domestic violence crimes 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 article 264 to 2 read as follows: 3 ARTICLE 264 4 DOMESTIC VIOLENCE CRIMES 5 Section 264.00 Domestic violence crimes. 6 264.05 Sentencing. 7 § 264.00 Domestic violence crimes. 8 1. A person commits a domestic violence crime when he or she inten- 9 tionally commits or intends to commit a specified offense against a 10 member of the same family or household. 11 2. A "specified offense" is an offense defined by any of the following 12 provisions of this chapter: section 120.00 (assault in the third 13 degree); section 120.05 (assault in the second degree); section 120.10 14 (assault in the first degree); section 120.13 (menacing in the first 15 degree); section 120.14 (menacing in the second degree); section 120.15 16 (menacing in the third degree); section 120.20 (reckless endangerment in 17 the second degree); section 120.25 (reckless endangerment in the first 18 degree); section 120.45 (stalking in the fourth degree); section 120.50 19 (stalking in the third degree); section 120.55 (stalking in the second 20 degree); section 120.60 (stalking in the first degree); section 121.11 21 (criminal obstruction of breathing or blood circulation); section 121.12 22 (strangulation in the second degree); section 121.13 (strangulation in 23 the first degree); subdivision one of section 125.15 (manslaughter in 24 the second degree); subdivision one, two or four of section 125.20 25 (manslaughter in the first degree); section 125.25 (murder in the second 26 degree); section 130.20 (sexual misconduct); section 130.30 (rape in the 27 second degree); section 130.35 (rape in the first degree); section 28 130.40 (criminal sexual act in the third degree); section 130.45 (crimi- 29 nal sexual act in the second degree); section 130.50 (criminal sexual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13678-03-7S. 7650 2 1 act in the first degree); section 130.52 (forcible touching); section 2 130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the 3 third degree); section 130.60 (sexual abuse in the second degree); 4 section 130.65 (sexual abuse in the first degree); section 130.66 5 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 6 vated sexual abuse in the second degree); section 130.70 (aggravated 7 sexual abuse in the first degree); section 130.91 (sexually motivated 8 felony); section 130.95 (predatory sexual assault); section 130.96 9 (predatory sexual assault against a child); section 135.05 (unlawful 10 imprisonment in the second degree); section 135.10 (unlawful imprison- 11 ment in the first degree); section 135.60 (coercion in the second 12 degree); section 135.65 (coercion in the first degree); section 140.20 13 (burglary in the third degree); section 140.25 (burglary in the second 14 degree); section 140.30 (burglary in the first degree); section 145.00 15 (criminal mischief in the fourth degree); section 145.05 (criminal 16 mischief in the third degree); section 145.10 (criminal mischief in the 17 second degree); section 145.12 (criminal mischief in the first degree); 18 section 145.14 (criminal tampering in the third degree); section 215.50 19 (criminal contempt in the second degree); section 215.51 (criminal 20 contempt in the first degree); section 215.52 (aggravated criminal 21 contempt); section 240.20 (disorderly conduct); section 240.25 (harass- 22 ment in the first degree); section 240.26 (harassment in the second 23 degree); subdivision one, two or four of section 240.30 (aggravated 24 harassment in the second degree); aggravated family offense as defined 25 in section 240.75 or any attempt or conspiracy to commit any of the 26 foregoing offenses where the defendant and the person against whom the 27 offense was committed were members of the same family or household as 28 defined in subdivision three of this section. 29 3. For purposes of this section, a member of the same family or house- 30 hold shall mean the following individuals: 31 (a) persons related by consanguinity or affinity; 32 (b) persons legally married to one another; 33 (c) persons formerly married to one another regardless of whether they 34 still reside in the same household; 35 (d) persons who have a child in common regardless of whether such 36 persons are married or have lived together at any time; or 37 (e) unrelated persons who are continually or at regular intervals 38 living in the same household or who have in the past continually or at 39 regular intervals lived in the same household. 40 § 264.05 Sentencing. 41 1. When a person is convicted of a domestic violence crime pursuant to 42 this article, and the specified offense is a violent felony offense, as 43 defined in section 70.02 of this chapter, the domestic violence crime 44 shall be deemed a violent felony offense. 45 2. When a person is convicted of a domestic violence crime pursuant to 46 this article and the specified offense is a misdemeanor or a class C, D 47 or E felony, the domestic violence crime shall be deemed to be one cate- 48 gory higher than the specified offense the defendant committed, or one 49 category higher than the offense level applicable to the defendant's 50 conviction for an attempt or conspiracy to commit a specified offense, 51 whichever is applicable. 52 3. When a person is convicted of a domestic violence crime pursuant to 53 this article and the specified offense is a violation, the domestic 54 violence crime shall be deemed an unclassified misdemeanor and the term 55 of the definite sentence shall not exceed sixty days.S. 7650 3 1 4. Notwithstanding any other provision of law, when a person is 2 convicted of a domestic violence crime pursuant to this article and the 3 specified offense is a class B felony: 4 (a) the maximum term of the indeterminate sentence must be at least 5 six years if the defendant is sentenced pursuant to section 70.00 of 6 this chapter; 7 (b) the term of the determinate sentence must be at least eight years 8 if the defendant is sentenced pursuant to section 70.02 of this chapter; 9 (c) the term of the determinate sentence must be at least twelve years 10 if the defendant is sentenced pursuant to section 70.04 of this chapter; 11 (d) the maximum term of the indeterminate sentence must be at least 12 four years if the defendant is sentenced pursuant to section 70.05 of 13 this chapter; and 14 (e) the maximum term of the indeterminate sentence or the term of the 15 determinate sentence must be at least ten years if the defendant is 16 sentenced pursuant to section 70.06 of this chapter. 17 5. Notwithstanding any other provision of law, when a person is 18 convicted of a domestic violence crime pursuant to this article and the 19 specified offense is a class A-1 felony, the minimum period of the inde- 20 terminate sentence shall be not less than twenty years. 21 6. In addition to any of the dispositions authorized by this chapter, 22 the court may require as part of the sentence imposed upon a person 23 convicted of a domestic violence crime pursuant to this article, that 24 the defendant complete a program, training session or counseling session 25 directed at domestic violence crime prevention and education, where the 26 court determines such program, training session or counseling session is 27 appropriate, available and was developed or authorized by the court or 28 local agencies in cooperation with organizations serving the affected 29 community. 30 § 2. This act shall take effect on the ninetieth day after it shall 31 have become a law.
