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A05025 Summary:

BILL NOA05025
 
SAME ASNo Same As
 
SPONSORO'Donnell (MS)
 
COSPNSRWeprin, Aubry, Otis, Walker, Skoufis, Bronson, Jaffee, Bichotte, Taylor, Steck, D'Urso, Rozic, Simotas, Ortiz, Mayer, Simon, Glick, Seawright, Blake, Buchwald
 
MLTSPNSRFahy, Hooper, Perry, Richardson
 
Amd §265.00, Pen L
 
Enacts the domestic violence escalation prevention act including certain offenses against members of the same family or household within the definition of serious offense.
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A05025 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5025
 
SPONSOR: O'Donnell (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to enacting the "domestic violence escalation prevention act"   PURPOSE OR GENERAL IDEA OF BILL: This bill would improve public safety and prevent domestic violence incidents from escalating into even greater violence by keeping guns out of the hands of domestic violence perpetrators.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 titles the bill the "domestic violence escalation prevention act". Section 2 amends subdivision 17 of section 265.00 of the Penal Law, which defines the term "serious offense, by adding a new paragraph c to include a crime set forth in section 370.15 of the criminal proce- dure law, where the court makes a written determination that the defend- ant is related to the victim in the manner specified in 18 U.S.C. 921(a)(33)(A)(ii). The term "serious offense" is used in Penal Law section 400.00(1)(c) with respect to eligibility for a license to carry, possess, repair and dispose of firearms. Section 3 provides for the act to take effect immediately.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): None.   JUSTIFICATION: A firearm in the hands of any criminal is a threat, and this is espe- cially true if it is in the hands of a domestic abuser. Fifty-four percent of female homicides are committed with a firearm and two thirds of all women killed with firearms are killed by their male partners, By prohibiting domestic violence perpetrators from lawfully possessing a firearm, this legislation will protect women and limit the number of domestic violence incidences which escalate to fatal consequences through the use of a gun.   PRIOR LEGISLATIVE HISTORY: A.6340 (2015-16); A.6390 (passed Assembly 2013 and 2014); A.4488.A (passed Assembly 2011 and 2012); A.7575 (passed Assembly 2009 and 2010).   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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