Creates and defines a new crime; strangulation

Section 2 120.09 is added to the penal law, defining strangulation; requires an order of protection be in place during pending criminal action; and classifying it as a class B felony.

Section 3 of this bill amends criminal procedure law to allow juvenile offenders to be prosecuted as an adult for strangulation.

Section 4 allows social workers to provide emotional support to a child witness twelve years or younger called to give evidence in font of grand juries in a case involving strangulation.

Section 5 amends the criminal procedure law by adding strangulation to the crimes that make an offender age fourteen or fifteen, and no younger than, eligible for a murder charge in which strangulation is the underlying crime for the murder. This section also point

Section 6 amends the criminal procedure law by adding definition of strangulation to 120.09 of the penal law.

Section 7 amends the Domestic Violence Law by adding strangulation to the definition of spousal abuse.

Section 8 amends the Executive Law by classifying strangulation as a felony.

Section 9 amends the Family Court Act to include strangulation as a "designated felony act".

Section 10 amends the family court act to define "designated felony act."

Section 11 amends subparagraph 4 of paragraph (c) of subdivision 2 of section 352.2 of the family court act to add strangulation to the crimes were parents are eligible to be convicted of assault in the second degree where serious injury is a result of the attack to the respondent or another child of the parent.

Section 12 amends subparagraph (iv) of paragraph (b) of subdivision 2 of section 754 of the family court act to add strangulation to the crimes were parents are eligible to be convicted of assault in the second degree where serious injury is a result of the attack to the respondent or another child of the parent.

Section 13 amends paragraph 4 of subdivision (b) if section 1039-b of the family court act to add strangulation the crimes were parents are eligible to be convicted of assault in the second degree where serious injury is a result of the attack to the respondent or another child of the parent.

Section 14 amends clause 4 of subparagraph (A) of paragraph (i) of subdivision (b) of section 1052 of the family court act to add strangulation to the crimes were parents are eligible to be convicted of assault in the second degree where serious injury is a result of the attack to the respondent or another child of the parent.

Section 15 amends the General Business Law to include conviction of strangulation as a felony will result in revocation of business license.

Section 16 amends the labor law to add strangulation the list of crimes that would make the offender, if the crime was against an employee of the said workplace and that the actions happened at the workplace, ineligible to submit a bid or be awarded any public works contract with the state, any municipal corporation, public benefit corporation or public body for a period of five years from that date of conviction.

Section 17 amends the mental hygiene law to include strangulation as a "designation felony".

Section 18 amends paragraph 2 of subdivision 18 of section 10.00 of the penal law to add strangulation to the list of crimes that makes fourteen or fifteen year olds criminally responsible.

Section 19 amends subdivision 2 of section 30.00 of the penal law to add strangulation to the list of crimes that makes thirteen, fourteen or fifteen year olds criminally responsible.

Section 20 amends the penal law to define the term "specified offense."

Section 21 amends the penal law to add strangulation the list of Class B violent felony offenses.

Section 22 amends the penal law to include strangulation in the term "specified offense".

Section 23 amends the penal law to include Strangulation to Subdivision 1 of section 460.10

Section 24 amends the social services law to say that strangulation as defined in 120.09 is a crime that a parent can be convicted of, as either second or first degree assault or aggravated assault, if it was against the child of the parent in the foregoing crimes.

Section 25 amends social service law to include section 120.09 of the penal law as an offense of spousal abuse.

Section 26 amends clause (C) of subparagraph (iii) of paragraph (a) of subdivision 8 of section 384-b of the social services law, to say that strangulation as defined in 120.09 is a crime that a parent can be convicted of, as either second or first degree assault or aggravated assault, if it was against the child of the parent or a child who was the legal responsibility of the child, in the foregoing crimes.

Section 27 amends the vehicle and traffic law to include section 120.09 of the penal law to be crimes to result in the five-year suspension of a license.

Section 28: This act shall take effect on the ninetieth day after it shall have become a law.

Justification

Over the past several years, across New York State there has been an alarming increase in the number of reported assaults involving strangulation. Whether it is between spouses, siblings or acquaintances, strangulation can cause severe damage to the victim. It has been shown to cause not only physical injury but also, long term incapacitating psychological damage as well, not only to the victim but to others that may have witnessed such an aggressive and personal crime. Under current law, strangulation is classified only as a violation, same as loitering. This legislation would classify this critical and sometimes fatal act as a violent felony. And defines strangulation as "using hands or other objects to impede normal breathing or circulation of blood by applying pressure on the throat or neck or obstructing nose or mouth."

Legislative history

2008 Bill A11012

Fiscal implications

None to the State

Effective date

This act shall take effect on the nineteenth day after it becomes law.