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- Referred to codes
- Referred to codes
Companion bill
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Includes within class D felony of assault in the second degree commission of assault in the third degree in the presence of certain children or against same victim
In Assembly Committee · Codes · Sponsor Nettie Mayersohn
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to assaults committed in the presence of certain children
Summary of provisions
Amends penal law section 120.05 to include within the class D felony of assault in the second degree commission of assault in the third degree in the presence of certain minor children, and assault in the third degree when the defendant has previously been convicted of assaulting the same victim.
Purpose and justification
To discourage domestic violence by increasing the severity of the punishment for assault in the third degree when committed in the presence of minor children, and when the defendant has previously been convicted of assaulting the same victim.
The crime of assault in the third degree is a class A misdemeanor. When a person commits an assault in the third degree in the presence of the victim's minor children, or sibling, that person is causing harm to multiple victims - both the victim of the assault and the child who witnesses his/her parent/step-parent, or sibling, being assaulted. In order to reduce domestic violence, it is important that the punishment for violent crimes committed against a parent and witnessed by minor children fits the severity of the crime. This proposal makes it a class D felony to commit an assault in the third degree in the presence of certain minor children. This proposal also increases the penalties for domestic violence by making it a class D felony to assault the same victim more than once; domestic violence situations often result in repeated incidents of assault against the same person.
A class D felony is a more severely punished crime than a class A misdemeanor. By making the above referenced crimes class D felonies rather than class A misdemeanors, this bill will provide that people convicted of these crimes are punished with longer terms of imprisonment.
Existing law
Currently, assault in the third degree is a class A misdemeanor. Assault in the second degree is a class D felony. Existing law does not treat assault in the third degree in the presence of minor children differently than any other third degree assault, nor does current law increase the punishment for assault in the third degree when the defendant repeatedly assaults the same victim.
Prior legislative history
2007-08 - S.1758/A.4474 -- PASSED SENATE/Codes 2005-06 - S.1521/A.5233 -- PASSED SENATE/Codes 2003-04 - S.1678/A.1343 -- PASSED SENATE/Assembly Codes 2002 - S.2617-A/A.1861-A - PASSED SENATE/Assembly Codes 2000 - S.676/A.9380 - PASSED SENATE/Assembly Codes
Fiscal implications
None.
Local fiscal implications
None.
Effective date
First day of November next succeeding the day on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.