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A02485 Summary:

BILL NOA02485
 
SAME ASNo Same As
 
SPONSORGiglio JM
 
COSPNSR
 
MLTSPNSR
 
Add Title O Art 264 §§264.00 & 264.05, Pen L
 
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.
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A02485 Actions:

BILL NOA02485
 
01/26/2023referred to codes
04/17/2023held for consideration in codes
01/03/2024referred to codes
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A02485 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2485
 
SPONSOR: Giglio JM
  TITLE OF BILL: An act to amend the penal law, in relation to domestic violence crimes   PURPOSE OR GENERAL IDEA OF BILL: Creates a Domestic Violence Crime which provides an enhanced punishment for a person who intentionally commits' a specified offense against a member of the same family or household.   SUMMARY OF PROVISIONS: Section 1: Amends the Penal Law by adding a new Article 264, "Domestic Violence Crimes" comprised of two sections: § 264.00, Domestic Violence Crimes and § 264.05, Sentencing. Subdivision 1 of 264.00: states that a person commits a domestic violence crime when he or she intentionally commits or intends to commit, a specified offense against a member of the same family or household. Subdivision 2 of § 264.00: sets forth the specified offenses, the commission of which provides the basis for a domestic violence crime prosecution. Subdivision 3 of § 264.00: defines member of the same family or household. Subdivisions 1 through 5 of § 264.05: set forth the sentencing consequences for a person who is convicted of a domestic violence crime. Except when the specified offense is a class A or B felony, when a person is convicted of a domes- tic violence crime, that crime shall be deemed one category higher than the underlying specified offense. When the specified, offense is a violation, the domestic violence crime shall be deemed an unclassified misdemeanor crime. With respect to class A and B felonies committed as domestic violence crimes, subdivisions 4 and 5 of § 264.05 apply, and elevate the respective terms of imprisonment. Subdivision 6 authorizes the court to require, as a part of the sentence imposed, that a person convicted of a domestic violence crime complete a program, training session or counseling session directed at domestic violence crime prevention and education. Section 2: Effective date.   JUSTIFICATION: To better understand the complex issue of domestic violence, the Assem- bly Republican Task Force on Preventing Domestic Violence held a number of forums throughout the State that provided a comprehensive examination of the challenges faced by domestic violence victims and the entities that assist them. Forum testimony emphasized that domestic violence cases can be some of the most difficult to prosecute, due to the nature of the relationship between the victim and the abuser. Feedback gener- ated from the forums identified the deficiencies in current law that need to be strengthened to better protect domestic violence victims and hold their abusers more accountable. This bill accomplishes that end by creating a new domestic violence crime that recognizes the insidious nature and consequences of domestic violence crimes and provides for enhanced punishments. The penalty for a person who commits a specified offense against a member of the same family or household would be enhanced by one penalty level, providing clear recognition of the gravi- ty of domestic violence on its victims and their families. Under this legislation, more domestic violence offenders would be arrested. While police are authorized to arrest domestic violence abuser s where there is probable cause to believe they committed a crime, many domestic violence offenses such as Harassment in the Second Degree, (where a slap, punch or kick falls short of the state's definition of physical injury) are violations, which are not considered crimes. Under current law, police cannot arrest an abuser committing a violation if the offi- cer does not witness the abuser committing the violation or the victim refuses to make a complaint. However, many victims refuse to make a complaint, feeling they are betraying the trust of their abuser by coop- erating with law enforcement. When abusers see that insignificant or no consequences are likely, their criminal behavior is likely to continue and even escalate. Elevating these violations to unclassified misdemea- nor crimes would authorize law enforcement to arrest these abusers, sending a clear message to the abuser that his behavior is a crime and is taken seriously. It would benefit the victim by immediately getting the abuser out of the house, giving them more time to plan for their safety. Providing meaningful consequences is an essential component of promoting accountability with respect to domestic violence   PRIOR LEGISLATIVE HISTORY: 10/20/21 referred to codes 01/05/22 referred to codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law
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A02485 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2485
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred 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. Title O of the penal law is amended by adding a new article
     2  264 to 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05456-01-3

        A. 2485                             2
 
     1  second degree); section 130.35  (rape  in  the  first  degree);  section
     2  130.40 (criminal sexual act in the third degree); section 130.45 (crimi-
     3  nal  sexual  act  in the second degree); section 130.50 (criminal sexual
     4  act  in  the  first degree); section 130.52 (forcible touching); section
     5  130.53 (persistent sexual abuse); section 130.55 (sexual  abuse  in  the
     6  third  degree);  section  130.60  (sexual  abuse  in the second degree);
     7  section 130.65 (sexual  abuse  in  the  first  degree);  section  130.66
     8  (aggravated  sexual  abuse  in the third degree); section 130.67 (aggra-
     9  vated sexual abuse in the second  degree);  section  130.70  (aggravated
    10  sexual  abuse  in  the first degree); section 130.91 (sexually motivated
    11  felony); section  130.95  (predatory  sexual  assault);  section  130.96
    12  (predatory  sexual  assault  against  a child); section 135.05 (unlawful
    13  imprisonment in the second degree); section 135.10  (unlawful  imprison-
    14  ment  in  the  first  degree);  section  135.60  (coercion  in the third
    15  degree); section 135.61 (coercion in the second degree); section  135.65
    16  (coercion  in  the  first degree); section 140.20 (burglary in the third
    17  degree); section 140.25 (burglary in the second degree); section  140.30
    18  (burglary in the first degree); section 145.00 (criminal mischief in the
    19  fourth  degree); section 145.05 (criminal mischief in the third degree);
    20  section 145.10 (criminal mischief in the second degree); section  145.12
    21  (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
    22  tampering in the third degree); section 215.50 (criminal contempt in the
    23  second degree); section 215.51 (criminal contempt in the first  degree);
    24  section 215.52 (aggravated criminal contempt); section 240.20 (disorder-
    25  ly  conduct);  section  240.25 (harassment in the first degree); section
    26  240.26 (harassment in the second degree); subdivision one, two  or  four
    27  of  section  240.30 (aggravated harassment in the second degree); aggra-
    28  vated family offense as defined in section  240.75  or  any  attempt  or
    29  conspiracy  to  commit any of the foregoing offenses where the defendant
    30  and the person against whom the offense was committed  were  members  of
    31  the  same  family  or  household as defined in subdivision three of this
    32  section.
    33    3. For purposes of this section, a member of the same family or house-
    34  hold shall mean the following individuals:
    35    (a) persons related by consanguinity or affinity;
    36    (b) persons legally married to one another;
    37    (c) persons formerly married to one another regardless of whether they
    38  still reside in the same household;
    39    (d) persons who have a child in  common  regardless  of  whether  such
    40  persons are married or have lived together at any time; or
    41    (e)  unrelated  persons  who  are  continually or at regular intervals
    42  living in the same household or who have in the past continually  or  at
    43  regular intervals lived in the same household.
    44  § 264.05 Sentencing.
    45    1. When a person is convicted of a domestic violence crime pursuant to
    46  this  article, and the specified offense is a violent felony offense, as
    47  defined in section 70.02 of this chapter, the  domestic  violence  crime
    48  shall be deemed a violent felony offense.
    49    2. When a person is convicted of a domestic violence crime pursuant to
    50  this  article and the specified offense is a misdemeanor or a class C, D
    51  or E felony, the domestic violence crime shall be deemed to be one cate-
    52  gory higher than the specified offense the defendant committed,  or  one
    53  category  higher  than  the  offense level applicable to the defendant's
    54  conviction for an attempt or conspiracy to commit a  specified  offense,
    55  whichever is applicable.

        A. 2485                             3
 
     1    3. When a person is convicted of a domestic violence crime pursuant to
     2  this  article  and  the  specified  offense is a violation, the domestic
     3  violence crime shall be deemed an unclassified misdemeanor and the  term
     4  of the definite sentence shall not exceed sixty days.
     5    4.  Notwithstanding  any  other  provision  of  law,  when a person is
     6  convicted of a domestic violence crime pursuant to this article and  the
     7  specified offense is a class B felony:
     8    (a)  the  maximum  term of the indeterminate sentence must be at least
     9  six years if the defendant is sentenced pursuant  to  section  70.00  of
    10  this chapter;
    11    (b)  the term of the determinate sentence must be at least eight years
    12  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    13    (c) the term of the determinate sentence must be at least twelve years
    14  if the defendant is sentenced pursuant to section 70.04 of this chapter;
    15    (d) the maximum term of the indeterminate sentence must  be  at  least
    16  four  years  if  the defendant is sentenced pursuant to section 70.05 of
    17  this chapter; and
    18    (e) the maximum term of the indeterminate sentence or the term of  the
    19  determinate  sentence  must  be  at  least ten years if the defendant is
    20  sentenced pursuant to section 70.06 of this chapter.
    21    5. Notwithstanding any other  provision  of  law,  when  a  person  is
    22  convicted  of a domestic violence crime pursuant to this article and the
    23  specified offense is a class A-1 felony, the minimum period of the inde-
    24  terminate sentence shall be not less than twenty years.
    25    6. In addition to any of the dispositions authorized by this  chapter,
    26  the  court  may  require  as  part of the sentence imposed upon a person
    27  convicted of a domestic violence crime pursuant to  this  article,  that
    28  the defendant complete a program, training session or counseling session
    29  directed  at domestic violence crime prevention and education, where the
    30  court determines such program, training session or counseling session is
    31  appropriate, available and was developed or authorized by the  court  or
    32  local  agencies  in  cooperation with organizations serving the affected
    33  community.
    34    § 2. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law.
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