Bill Text: NY S07652 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates an automatic class E felony on the first offense for committing an act of domestic violence in the presence of children.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-02-05 - REFERRED TO CODES [S07652 Detail]
Download: New_York-2017-S07652-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7652 IN SENATE February 5, 2018 ___________ Introduced by Sens. PHILLIPS, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to acts of domestic violence committed in the presence of children 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 261 to 2 read as follows: 3 ARTICLE 261 4 OFFENSES RELATING TO A MEMBER OF THE SAME FAMILY OR HOUSEHOLD 5 Section 261.00 Specified offenses against a member of the same family or 6 household. 7 261.05 Sentencing. 8 § 261.00 Specified offenses against a member of the same family or 9 household. 10 1. A person commits a domestic violence crime when he or she inten- 11 tionally commits or intends to commit a specified offense against a 12 member of the same family or household. 13 2. A "specified offense" is an offense defined by any of the following 14 provisions of this chapter: section 120.00 (assault in the third 15 degree); section 120.05 (assault in the second degree); section 120.10 16 (assault in the first degree); section 120.13 (menacing in the first 17 degree); section 120.14 (menacing in the second degree); section 120.15 18 (menacing in the third degree); section 120.20 (reckless endangerment in 19 the second degree); section 120.25 (reckless endangerment in the first 20 degree); section 120.45 (stalking in the fourth degree); section 120.50 21 (stalking in the third degree); section 120.55 (stalking in the second 22 degree); section 120.60 (stalking in the first degree); section 121.11 23 (criminal obstruction of breathing or blood circulation); section 121.12 24 (strangulation in the second degree); section 121.13 (strangulation in 25 the first degree); subdivision one of section 125.15 (manslaughter in 26 the second degree); subdivision one, two or four of section 125.20 27 (manslaughter in the first degree); section 125.25 (murder in the second 28 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. LBD13641-03-7S. 7652 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 this section or any attempt or conspiracy to commit any of the fore- 29 going 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 one of section 530.11 of the criminal procedure 32 law. 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 § 261.05 Sentencing. 45 A person who is found guilty of a domestic violence offense pursuant 46 to this article, and the specified offense occurs in the presence of a 47 child aged fifteen years or less, shall be guilty of a class E felony. 48 Any sentence imposed pursuant to a conviction under this section is to 49 be served consecutive to any sentence imposed for the underlying 50 offense. 51 § 2. Subdivision 2 of section 70.25 of the penal law, as amended by 52 chapter 56 of the laws of 1984, is amended to read as follows: 53 2. When more than one sentence of imprisonment is imposed on a person 54 for two or more offenses committed through a single act or omission, or 55 through an act or omission which in itself constituted one of the 56 offenses and also was a material element of the other, the sentences,S. 7652 3 1 except if one or more of such sentences is for a violation of section 2 270.20 of this chapter, must run concurrently. Provided, however, that 3 if one or more of such sentences is for a conviction under article two 4 hundred sixty-one of this chapter, the sentence may run consecutively. 5 § 3. This act shall take effect on the thirtieth day after it shall 6 have become a law.
