Relates to the definition of serious offense

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the penal law, in relation to the definition of serious offense

Purpose

This bill would improve public safety and prevent domestic violence incidents from escalating into even greater violence by keeping guns out of the hands of domestic violence perpetrators.

Summary of provisions

Section 1 amends subdivision 17 of section 265.00 of the Penal Law by adding a new paragraph c to include any offense which would constitute a family offense pursuant to section eight hundred twelve of the family court act, where the victim of such offense was a family or household member as defined in that section. The legislation treats conduct which constitutes a violation under the penal law differently than conduct which would constitute a misdemeanor or felony insofar as where an allegation of a violation is sustained by the family court, the respondent may motion the court to vacate the "serious offense" designation three years after disposition of the case. The legislation provides factors which the family court shall apply when hearing such a motion. Upon deciding the motion the court must set its reasons on the record.

Section 2 establishes the effective date.

Justification

A firearm in the hands of any criminal is a threat, especially in the hands of a noted domestic batterer. Fifty-four percent of female homicides are committed with a firearm and two thirds of all women killed with firearms are killed by their male partners. By prohibiting perpetrators of domestic violence from lawfully possessing a firearm, this legislation will protect both partners, and decrease the propensity for a batterer to continue on a path of violence which may escalate to fatal consequences through the use of a gun.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.