Enacts the domestic violence escalation prevention act including certain offenses against members of the same family or household within the definition of serious offense.
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.