Establishes domestic abuse offenses for the harassment or assault of a member of the same family or household

4 Co-sponsors

• Betty Little
• Martin J. Golden
• Vincent L. Leibell
• Andrew J. Lanza

Title of bill

An act to amend the penal law, in relation to establishing domestic abuse offenses; and to amend the criminal procedure law, in relation to authorizing deferral of sentencing upon a plea of guilty of a domestic abuse felony offense

Purpose

The subject bill adds three new crimes to the penal law to create the crimes of Domestic Abuse in the First Degree (P.L. §120.85), Domestic Abuse in the Second Degree (P.L. §120.80), and Domestic Abuse in the Third Degree (P.L. § 120.75). Also adds a new article 217 to the criminal procedure law to permit a court to defer a domestic abuse defendant's sentence for purpose of permitting the defendant to participate in a court-approved domestic violence or other related program.

Summary of provisions

The penal law is amended by adding a new section 120.75, which creates the class B misdemeanor of Domestic Abuse in the Third Degree, a new section 120.80, which creates the class A misdemeanor of Domestic Abuse in the Second Degree; and a new section 120.85, which creates a class E felony of Domestic Abuse in the First Degree. The criminal procedure law is amended by adding a new article 217, which provides for deferral of sentencing in felony domestic abuse cases.

Justification

Currently, police are not permitted to effectuate an arrest in domestic situations where the victim has been subjected to a course of continual harassment or physical contact which did not impair physical condition or cause substantial pain unless the physical contact occurred in the presence of the police. By elevating physical contact between those in a domestic relationship from a violation to a crime, the police will be mandated to make an arrest. Typically, such offenses occur out of the presence of police, thus preventing them from making an arrest under current law.

Presently, physical injury committed against a family member or intimate partner is punishable as a misdemeanor, even when the abuser repeatedly assaults the victim. The creation of the felony of domestic abuse in the first degree increases the scope of punishment and provides a greater deterrent to those who commit serious domestic abuse or who are repeat offenders.

Many victims of domestic violence would prefer to have their partner undergo treatment rather than serve time in jail. Under current law there is no mechanism for a judge to accept a domestic abuser's guilty plea and then defer sentence to determine whether the abuser can successfully complete a court-ordered treatment program. This new law would expand sentencing options by providing criminal justice motivation for offenders to complete court-ordered corrective programs. The proposed law provides a process whereby the offender can plead guilty to the most serious offense involved in the domestic abuse case and, with the permission of the judge and consent of the People, undergo treatment and education programs. Thereafter, if the offender successfully completes these programs as ordered by the court, the initial guilty plea may be withdrawn with consent of the prosecutor and the defendant will be allowed to plead guilty to a lesser charge carrying a reduced penalty in satisfaction of the case.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

First day of November next succeeding the date on which it shall have become a law.