Bill Text: NY A08119 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to enhancing penalties and protecting victims of crimes of domestic violence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A08119 Detail]
Download: New_York-2021-A08119-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8119 2021-2022 Regular Sessions IN ASSEMBLY June 11, 2021 ___________ Introduced by M. of A. GALLAHAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to enhancing punishment for crimes involving domestic violence; and to amend the criminal proce- dure law, in relation to the consideration of certain factors when determining the issuance of an order of recognizance or bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 240.30 of the penal law, as 2 amended by chapter 188 of the laws of 2014, is amended to read as 3 follows: 4 5. He or she commits the crime of harassment in the first degree or 5 second degree and has previously been convicted of the crime of harass- 6 ment in the first degree or second degree as defined by section 240.25 7 or 240.26 of this article within the preceding ten years. 8 § 2. The section heading, opening paragraph and closing paragraph of 9 section 240.31 of the penal law, as amended by chapter 49 of the laws of 10 2006, are amended to read as follows: 11 [Aggravated] Bias related aggravated harassment [in the first degree]. 12 A person is guilty of bias related aggravated harassment [in the first13degree] when with intent to harass, annoy, threaten or alarm another 14 person, because of a belief or perception regarding such person's race, 15 color, national origin, ancestry, gender, religion, religious practice, 16 age, disability or sexual orientation, regardless of whether the belief 17 or perception is correct, he or she: 18 [Aggravated] Bias related aggravated harassment [in the first degree] 19 is a class E felony. 20 § 3. The penal law is amended by adding a new section 240.29 to read 21 as follows: 22 § 240.29 Aggravated harassment in the first degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10898-01-1A. 8119 2 1 A person is guilty of a aggravated harassment in the first degree when 2 with intent to harass, annoy, threaten, or alarm another person, he or 3 she commits the crime of aggravated harassment in the second degree in 4 the manner proscribed by the provisions of subdivision one, two or five 5 of section 240.30 of this article and has previously been convicted of 6 the crime of aggravated harassment in the second degree for the commis- 7 sion of conduct proscribed by the provisions of subdivision one, two or 8 five of section 240.30 of this article within the preceding ten years 9 and such person is a member of the same family or household as the 10 person upon whom the present offense is committed. For the purposes of 11 this subdivision "members of the same family or household" shall have 12 the same meaning as is defined in section 530.11 of the criminal proce- 13 dure law. 14 Aggravated harassment in the first degree is a class E felony. 15 § 4. Section 120.05 of the penal law is amended by adding a new subdi- 16 vision 15 to read as follows: 17 15. Such person commits the crime of assault in the third degree as 18 defined in section 120.00 of this article against another person and 19 such person has been previously convicted of any offense defined by any 20 of the following provisions of this chapter: section 120.00 (assault in 21 the third degree); section 120.05 (assault in the second degree); 22 section 120.10 (assault in the first degree); section 120.12 (aggravated 23 assault upon a person less than eleven years old); section 120.13 24 (menacing in the first degree); section 120.14 (menacing in the second 25 degree); section 120.15 (menacing in the third degree); section 120.20 26 (reckless endangerment in the second degree); section 120.25 (reckless 27 endangerment in the first degree); section 121.12 (strangulation in the 28 second degree); section 121.13 (strangulation in the first degree); 29 subdivision one of section 125.15 (manslaughter in the second degree); 30 subdivision one, two or four of section 125.20 (manslaughter in the 31 first degree); section 125.25 (murder in the second degree); section 32 120.45 (stalking in the fourth degree); section 120.50 (stalking in the 33 third degree); section 120.55 (stalking in the second degree); section 34 120.60 (stalking in the first degree); subdivision one of section 130.35 35 (rape in the first degree); subdivision one of section 130.50 (criminal 36 sexual act in the first degree); subdivision one of section 130.65 37 (sexual abuse in the first degree); paragraph (a) of subdivision one of 38 section 130.67 (aggravated sexual abuse in the second degree); paragraph 39 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the 40 first degree); section 135.05 (unlawful imprisonment in the second 41 degree); section 135.10 (unlawful imprisonment in the first degree); 42 section 135.20 (kidnapping in the second degree); section 135.25 43 (kidnapping in the first degree); section 135.60 (coercion in the third 44 degree); section 135.61 (coercion in the second degree); section 135.65 45 (coercion in the first degree); section 140.10 (criminal trespass in the 46 third degree); section 140.15 (criminal trespass in the second degree); 47 section 140.17 (criminal trespass in the first degree); section 140.20 48 (burglary in the third degree); section 140.25 (burglary in the second 49 degree); section 140.30 (burglary in the first degree); section 145.00 50 (criminal mischief in the fourth degree); section 145.05 (criminal 51 mischief in the third degree); section 145.10 (criminal mischief in the 52 second degree); section 145.12 (criminal mischief in the first degree); 53 section 150.05 (arson in the fourth degree); section 150.10 (arson in 54 the third degree); section 150.15 (arson in the second degree); section 55 150.20 (arson in the first degree); section 155.25 (petit larceny); 56 section 155.30 (grand larceny in the fourth degree); section 155.35A. 8119 3 1 (grand larceny in the third degree); section 155.40 (grand larceny in 2 the second degree); section 155.42 (grand larceny in the first degree); 3 section 160.05 (robbery in the third degree); section 160.10 (robbery in 4 the second degree); section 160.15 (robbery in the first degree); 5 section 240.25 (harassment in the first degree); subdivision one, two or 6 five of section 240.30 (aggravated harassment in the second degree); or 7 any attempt or conspiracy to commit any of the foregoing offenses, with- 8 in the preceding ten years and such person is a member of the same fami- 9 ly or household as the person upon whom the present offense is commit- 10 ted. For the purposes of this subdivision "members of the same family or 11 household" shall have the same meaning as is defined in section 530.11 12 of the criminal procedure law. 13 § 5. Section 121.12 of the penal law, as added by chapter 405 of the 14 laws of 2010, is amended to read as follows: 15 § 121.12 Strangulation in the second degree. 16 A person is guilty of strangulation in the second degree when he or 17 she: (1) commits the crime of criminal obstruction of breathing or blood 18 circulation, as defined in section 121.11 of this article, and thereby 19 causes stupor, loss of consciousness for any period of time, or any 20 other physical injury or impairment[.]; or 21 (2) commits the crime of criminal obstruction of breathing or blood 22 circulation as defined in section 121.11 of this article and such person 23 has previously been convicted within the preceding ten years of criminal 24 obstruction of breathing or blood circulation; and such person is a 25 member of the same family or household as the person upon whom the pres- 26 ent crime of criminal obstruction of breathing or blood circulation is 27 committed. For the purposes of this subdivision "members of the same 28 family or household" shall have the same meaning as is defined in 29 section 530.11 of the criminal procedure law. 30 Strangulation in the second degree is a class D felony. 31 § 6. Section 120.13 of the penal law, as amended by chapter 765 of the 32 laws of 2005, is amended to read as follows: 33 § 120.13 Menacing in the first degree. 34 A person is guilty of menacing in the first degree when he or she 35 commits the crime of menacing in the second degree and has been previ- 36 ously convicted of the crime of menacing in the second degree or the 37 crime of menacing a police officer or peace officer within the preceding 38 ten years. 39 Menacing in the first degree is a class [E] D felony. 40 § 7. Subdivision (c) of section 215.51 of the penal law, as amended by 41 chapter 349 of the laws of 2006, is amended to read as follows: 42 (c) he or she commits the crime of criminal contempt in the second 43 degree as defined in subdivision three of section 215.50 of this article 44 by violating [that part of] a duly served order of protection, or such 45 order of which the defendant has actual knowledge because he or she was 46 present in court when such order was issued, under sections two hundred 47 forty and two hundred fifty-two of the domestic relations law, articles 48 four, five, six and eight of the family court act and section 530.12 of 49 the criminal procedure law, or an order of protection issued by a court 50 of competent jurisdiction in another state, territorial or tribal juris- 51 diction, [which requires the respondent or defendant to stay away from52the person or persons on whose behalf the order was issued,] and where 53 the defendant has been previously convicted of the crime of aggravated 54 criminal contempt or criminal contempt in the first or second degree for 55 violating an order of protection [as described herein] within the 56 preceding [five] ten years; orA. 8119 4 1 § 8. The closing paragraph of section 215.51 of the penal law, as 2 amended by chapter 222 of the laws of 1994, is amended to read as 3 follows: 4 Criminal contempt in the first degree is a class [E] D felony. 5 § 9. Subdivisions 1, 2 and 3 of section 60.35 of the penal law, as 6 amended by section 1 of part E of chapter 56 of the laws of 2004, 7 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as 8 amended by section 1 of part DD of chapter 56 of the laws of 2008 and 9 paragraph (b) of subdivision 1 as amended by chapter 320 of the laws of 10 2006, are amended to read as follows: 11 1. (a) Except as provided in section eighteen hundred nine of the 12 vehicle and traffic law and section 27.12 of the parks, recreation and 13 historic preservation law, whenever proceedings in an administrative 14 tribunal or a court of this state result in a conviction for a felony, a 15 misdemeanor, or a violation, as these terms are defined in section 10.00 16 of this chapter, there shall be levied at sentencing a mandatory 17 surcharge, sex offender registration fee, DNA databank fee [and], a 18 crime victim assistance fee and a domestic violence victim assistance 19 fee in addition to any sentence required or permitted by law, in accord- 20 ance with the following schedule: 21 (i) a person convicted of a felony shall pay a mandatory surcharge of 22 three hundred dollars and a crime victim assistance fee of twenty-five 23 dollars; 24 (ii) a person convicted of a misdemeanor shall pay a mandatory 25 surcharge of one hundred seventy-five dollars and a crime victim assist- 26 ance fee of twenty-five dollars; 27 (iii) a person convicted of a violation shall pay a mandatory 28 surcharge of ninety-five dollars and a crime victim assistance fee of 29 twenty-five dollars; 30 (iv) a person convicted of a sex offense as defined by subdivision two 31 of section one hundred sixty-eight-a of the correction law or a sexually 32 violent offense as defined by subdivision three of section one hundred 33 sixty-eight-a of the correction law shall, in addition to a mandatory 34 surcharge and crime victim assistance fee, pay a sex offender registra- 35 tion fee of fifty dollars[.]; 36 (v) a person convicted of a designated offense as defined by subdivi- 37 sion seven of section nine hundred ninety-five of the executive law 38 shall, in addition to a mandatory surcharge and crime victim assistance 39 fee, pay a DNA databank fee of fifty dollars[.]; 40 (vi) a person convicted of any offense where the complainant of such 41 offense is a member of the same family or household as the convicted 42 person shall, in addition to a mandatory surcharge and crime victim 43 assistance fee, pay any other fee required by this article, and pay a 44 domestic violence victim assistance fee in the amount of two hundred 45 fifty dollars. For the purposes of this subdivision, "member of the same 46 family or household" shall have the same meaning as defined in section 47 530.11 of the criminal procedure law. 48 (b) When the felony or misdemeanor conviction in subparagraphs (i), 49 (ii) or (iv) of paragraph (a) of this subdivision results from an 50 offense contained in article one hundred thirty of this chapter, incest 51 in the third, second or first degree as defined in sections 255.25, 52 255.26 and 255.27 of this chapter or an offense contained in article two 53 hundred sixty-three of this chapter, the person convicted shall pay a 54 supplemental sex offender victim fee of one thousand dollars in addition 55 to the mandatory surcharge and any other fee.A. 8119 5 1 2. Where a person is convicted of two or more crimes or violations 2 committed through a single act or omission, or through an act or omis- 3 sion which in itself constituted one of the crimes or violations and 4 also was a material element of the other, the court shall impose a 5 mandatory surcharge and a crime victim assistance fee, and where appro- 6 priate a supplemental sex offender victim fee or domestic violence 7 victim assistance fee, in accordance with the provisions of this section 8 for the crime or violation which carries the highest classification, and 9 no other sentence to pay a mandatory surcharge, crime victim assistance 10 fee [or], supplemental sex offender victim fee or domestic violence 11 victim assistance fee required by this section shall be imposed. Where a 12 person is convicted of two or more sex offenses or sexually violent 13 offenses, as defined by subdivisions two and three of section one 14 hundred sixty-eight-a of the correction law, committed through a single 15 act or omission, or through an act or omission which in itself consti- 16 tuted one of the offenses and also was a material element of the other, 17 the court shall impose only one sex offender registration fee. Where a 18 person is convicted of two or more designated offenses, as defined by 19 subdivision seven of section nine hundred ninety-five of the executive 20 law, committed through a single act or omission, or through an act or 21 omission which in itself constituted one of the offenses and also was a 22 material element of the other, the court shall impose only one DNA data- 23 bank fee. 24 3. The mandatory surcharge, sex offender registration fee, DNA data- 25 bank fee, crime victim assistance fee, [and] supplemental sex offender 26 victim fee and domestic violence victim assistance fee provided for in 27 subdivision one of this section shall be paid to the clerk of the court 28 or administrative tribunal that rendered the conviction. Within the 29 first ten days of the month following collection of the mandatory 30 surcharge, crime victim assistance fee, and supplemental sex offender 31 victim fee, the collecting authority shall determine the amount of 32 mandatory surcharge, crime victim assistance fee, [and] supplemental sex 33 offender victim fee and domestic violence victim assistance fee 34 collected and, if it is an administrative tribunal, or a town or village 35 justice court, it shall then pay such money to the state comptroller who 36 shall deposit such money in the state treasury pursuant to section one 37 hundred twenty-one of the state finance law to the credit of the crimi- 38 nal justice improvement account established by section ninety-seven-bb 39 of the state finance law. Within the first ten days of the month follow- 40 ing collection of the sex offender registration fee and DNA databank 41 fee, the collecting authority shall determine the amount of the sex 42 offender registration fee and DNA databank fee collected and, if it is 43 an administrative tribunal, or a town or village justice court, it shall 44 then pay such money to the state comptroller who shall deposit such 45 money in the state treasury pursuant to section one hundred twenty-one 46 of the state finance law to the credit of the general fund. If such 47 collecting authority is any other court of the unified court system, it 48 shall, within such period, pay such money attributable to the mandatory 49 surcharge or crime victim assistance fee to the state commissioner of 50 taxation and finance to the credit of the criminal justice improvement 51 account established by section ninety-seven-bb of the state finance law. 52 If such collecting authority is any other court of the unified court 53 system, it shall, within such period, pay such money attributable to the 54 sex offender registration fee and the DNA databank fee to the state 55 commissioner of taxation and finance to the credit of the general fund. 56 Notwithstanding any other provision of this subdivision, all monies paidA. 8119 6 1 to the state comptroller or to the commissioner of taxation and finance 2 which are attributable to monies collected for the domestic violence 3 victim assistance fee shall be credited to the office for the prevention 4 of domestic violence and shall be used for training of law enforcement 5 personnel in issues involving domestic violence. 6 § 10. Subdivision 8 of section 60.35 of the penal law, as amended by 7 section 121 of subpart B of part C of chapter 62 of the laws of 2011, is 8 amended to read as follows: 9 8. Subdivision one of section 130.10 of the criminal procedure law 10 notwithstanding, at the time that the mandatory surcharge, sex offender 11 registration fee or DNA databank fee, crime victim assistance fee, 12 domestic violence victim assistance fee or supplemental sex offender 13 victim fee is imposed a town or village court may, and all other courts 14 shall, issue and cause to be served upon the person required to pay the 15 mandatory surcharge, sex offender registration fee or DNA databank fee, 16 crime victim assistance fee, domestic violence victim assistance fee or 17 supplemental sex offender victim fee, a summons directing that such 18 person appear before the court regarding the payment of the mandatory 19 surcharge, sex offender registration fee or DNA databank fee, crime 20 victim assistance fee, domestic violence victim assistance fee or 21 supplemental sex offender victim fee, if after sixty days from the date 22 it was imposed it remains unpaid. The designated date of appearance on 23 the summons shall be set for the first day court is in session falling 24 after the sixtieth day from the imposition of the mandatory surcharge, 25 sex offender registration fee or DNA databank fee, crime victim assist- 26 ance fee, domestic violence victim assistance fee or supplemental sex 27 offender victim fee. The summons shall contain the information required 28 by subdivision two of section 130.10 of the criminal procedure law 29 except that in substitution for the requirement of paragraph (c) of such 30 subdivision the summons shall state that the person served must appear 31 at a date, time and specific location specified in the summons if after 32 sixty days from the date of issuance the mandatory surcharge, sex offen- 33 der registration fee or DNA databank fee, crime victim assistance fee, 34 domestic violence victim assistance fee or supplemental sex offender 35 victim fee remains unpaid. The court shall not issue a summons under 36 this subdivision to a person who is being sentenced to a term of 37 confinement in excess of sixty days in jail or in the department of 38 corrections and community supervision. The mandatory surcharges, sex 39 offender registration fee and DNA databank fees, crime victim assistance 40 fees, domestic violence victim assistance fees and supplemental sex 41 offender victim fees for those persons shall be governed by the 42 provisions of section 60.30 of this article. 43 § 11. Subdivision 3 and the closing paragraph of section 215.52 of the 44 penal law, subdivision 3 as added and the closing paragraph as amended 45 by chapter 350 of the laws of 2006, are amended to read as follows: 46 3. he or she commits the crime of criminal contempt in the first 47 degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdi- 48 vision (b) or subdivision (c) of section 215.51 of this article, and has 49 been previously convicted of the crime of criminal contempt in the first 50 degree, as defined in such subdivision (b), (c) or (d) of section 215.51 51 of this article, within the preceding [five] ten years. 52 Aggravated criminal contempt is a class [D] C felony. 53 § 12. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 54 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 55 and paragraph (c) as amended by chapter 134 of the laws of 2019, are 56 amended to read as follows:A. 8119 7 1 (b) Class C violent felony offenses: an attempt to commit any of the 2 class B felonies set forth in paragraph (a) of this subdivision; aggra- 3 vated criminally negligent homicide as defined in section 125.11, aggra- 4 vated manslaughter in the second degree as defined in section 125.21, 5 aggravated sexual abuse in the second degree as defined in section 6 130.67, assault on a peace officer, police officer, firefighter or emer- 7 gency medical services professional as defined in section 120.08, 8 assault on a judge as defined in section 120.09, gang assault in the 9 second degree as defined in section 120.06, strangulation in the first 10 degree as defined in section 121.13, aggravated strangulation as defined 11 in section 121.13-a, burglary in the second degree as defined in section 12 140.25, robbery in the second degree as defined in section 160.10, 13 aggravated criminal contempt as defined in section 215.52, criminal 14 possession of a weapon in the second degree as defined in section 15 265.03, criminal use of a firearm in the second degree as defined in 16 section 265.08, criminal sale of a firearm in the second degree as 17 defined in section 265.12, criminal sale of a firearm with the aid of a 18 minor as defined in section 265.14, aggravated criminal possession of a 19 weapon as defined in section 265.19, soliciting or providing support for 20 an act of terrorism in the first degree as defined in section 490.15, 21 hindering prosecution of terrorism in the second degree as defined in 22 section 490.30, and criminal possession of a chemical weapon or biolog- 23 ical weapon in the third degree as defined in section 490.37. 24 (c) Class D violent felony offenses: an attempt to commit any of the 25 class C felonies set forth in paragraph (b); reckless assault of a child 26 as defined in section 120.02, assault in the second degree as defined in 27 section 120.05, menacing a police officer or peace officer as defined in 28 section 120.18, stalking in the first degree, as defined in subdivision 29 one of section 120.60, strangulation in the second degree as defined in 30 section 121.12, rape in the second degree as defined in section 130.30, 31 criminal sexual act in the second degree as defined in section 130.45, 32 sexual abuse in the first degree as defined in section 130.65, course of 33 sexual conduct against a child in the second degree as defined in 34 section 130.80, aggravated sexual abuse in the third degree as defined 35 in section 130.66, facilitating a sex offense with a controlled 36 substance as defined in section 130.90, labor trafficking as defined in 37 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 38 contempt in the first degree as defined in subdivision (b), (c) or (d) 39 of section 215.51, criminal possession of a weapon in the third degree 40 as defined in subdivision five, six, seven, eight, nine or ten of 41 section 265.02, criminal sale of a firearm in the third degree as 42 defined in section 265.11, intimidating a victim or witness in the 43 second degree as defined in section 215.16, soliciting or providing 44 support for an act of terrorism in the second degree as defined in 45 section 490.10, [and] making a terroristic threat as defined in section 46 490.20, falsely reporting an incident in the first degree as defined in 47 section 240.60, placing a false bomb or hazardous substance in the first 48 degree as defined in section 240.62, placing a false bomb or hazardous 49 substance in a sports stadium or arena, mass transportation facility or 50 enclosed shopping mall as defined in section 240.63, aggravated unper- 51 mitted use of indoor pyrotechnics in the first degree as defined in 52 section 405.18, and criminal manufacture, sale, or transport of an unde- 53 tectable firearm, rifle or shotgun as defined in section 265.50. 54 § 13. The opening paragraph of subdivision 2 of section 510.30 of the 55 criminal procedure law is designated paragraph (a) and a new paragraph 56 (b) is added to read as follows:A. 8119 8 1 (b) Where the principal is charged with a crime or crimes against a 2 member or members of the same family or household as that term is 3 defined in subdivision one of section 530.11 of this title, the court 4 must, on the basis of available information, consider and take into 5 account the danger of intimidation or injury by the principal to a 6 witness in the case, including the following factors: 7 (i) any history of prior acts of violence or threats of violence 8 against a witness in the pending criminal action; and 9 (ii) any order of protection issued by any court against the principal 10 for the protection of a member or members of the same family or house- 11 hold as that term is defined in subdivision one of section 530.11 of 12 this title, whether or not such order is currently in effect; and 13 (iii) any prior arrest or conviction for a crime or violation against 14 a member or members of the same family or household as that term is 15 defined in subdivision one of section 530.11 of this title; and 16 (iv) any violation of an order of protection issued by any court 17 against the principal for the protection of a member or members of the 18 same family or household as that term is defined in subdivision one of 19 section 530.11 of this title; and 20 (v) the principal's history of use or possession of a firearm. 21 § 14. This act shall take effect on the first of November next 22 succeeding the date on which it shall have become a law.
