Bill Text: NY A08842 | 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 9-0)
Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A08842 Detail]
Download: New_York-2017-A08842-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8842 2017-2018 Regular Sessions IN ASSEMBLY December 22, 2017 ___________ Introduced by M. of A. GIGLIO, GRAF -- 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. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13678-03-7A. 8842 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 second 15 degree); section 135.65 (coercion in the first degree); section 140.20 16 (burglary in the third degree); section 140.25 (burglary in the second 17 degree); section 140.30 (burglary in the first degree); section 145.00 18 (criminal mischief in the fourth degree); section 145.05 (criminal 19 mischief in the third degree); section 145.10 (criminal mischief in the 20 second degree); section 145.12 (criminal mischief in the first degree); 21 section 145.14 (criminal tampering in the third degree); section 215.50 22 (criminal contempt in the second degree); section 215.51 (criminal 23 contempt in the first degree); section 215.52 (aggravated criminal 24 contempt); section 240.20 (disorderly conduct); section 240.25 (harass- 25 ment in the first degree); section 240.26 (harassment in the second 26 degree); subdivision one, two or four of section 240.30 (aggravated 27 harassment in the second degree); aggravated family offense as defined 28 in section 240.75 or any attempt or conspiracy to commit any of the 29 foregoing offenses where the defendant and the person against whom the 30 offense was committed were members of the same family or household as 31 defined in subdivision three of this section. 32 3. For purposes of this section, a member of the same family or house- 33 hold shall mean the following individuals: 34 (a) persons related by consanguinity or affinity; 35 (b) persons legally married to one another; 36 (c) persons formerly married to one another regardless of whether they 37 still reside in the same household; 38 (d) persons who have a child in common regardless of whether such 39 persons are married or have lived together at any time; or 40 (e) unrelated persons who are continually or at regular intervals 41 living in the same household or who have in the past continually or at 42 regular intervals lived in the same household. 43 § 264.05 Sentencing. 44 1. When a person is convicted of a domestic violence crime pursuant to 45 this article, and the specified offense is a violent felony offense, as 46 defined in section 70.02 of this chapter, the domestic violence crime 47 shall be deemed a violent felony offense. 48 2. When a person is convicted of a domestic violence crime pursuant to 49 this article and the specified offense is a misdemeanor or a class C, D 50 or E felony, the domestic violence crime shall be deemed to be one cate- 51 gory higher than the specified offense the defendant committed, or one 52 category higher than the offense level applicable to the defendant's 53 conviction for an attempt or conspiracy to commit a specified offense, 54 whichever is applicable. 55 3. When a person is convicted of a domestic violence crime pursuant to 56 this article and the specified offense is a violation, the domesticA. 8842 3 1 violence crime shall be deemed an unclassified misdemeanor and the term 2 of the definite sentence shall not exceed sixty days. 3 4. Notwithstanding any other provision of law, when a person is 4 convicted of a domestic violence crime pursuant to this article and the 5 specified offense is a class B felony: 6 (a) the maximum term of the indeterminate sentence must be at least 7 six years if the defendant is sentenced pursuant to section 70.00 of 8 this chapter; 9 (b) the term of the determinate sentence must be at least eight years 10 if the defendant is sentenced pursuant to section 70.02 of this chapter; 11 (c) the term of the determinate sentence must be at least twelve years 12 if the defendant is sentenced pursuant to section 70.04 of this chapter; 13 (d) the maximum term of the indeterminate sentence must be at least 14 four years if the defendant is sentenced pursuant to section 70.05 of 15 this chapter; and 16 (e) the maximum term of the indeterminate sentence or the term of the 17 determinate sentence must be at least ten years if the defendant is 18 sentenced pursuant to section 70.06 of this chapter. 19 5. Notwithstanding any other provision of law, when a person is 20 convicted of a domestic violence crime pursuant to this article and the 21 specified offense is a class A-1 felony, the minimum period of the inde- 22 terminate sentence shall be not less than twenty years. 23 6. In addition to any of the dispositions authorized by this chapter, 24 the court may require as part of the sentence imposed upon a person 25 convicted of a domestic violence crime pursuant to this article, that 26 the defendant complete a program, training session or counseling session 27 directed at domestic violence crime prevention and education, where the 28 court determines such program, training session or counseling session is 29 appropriate, available and was developed or authorized by the court or 30 local agencies in cooperation with organizations serving the affected 31 community. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law.
