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History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Creates the crime of aggravated domestic violence; provides information for the aggravated domestic violence offender
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8038
Title of bill
An act to amend the penal law and the criminal procedure law, in relation to the creation of the crime of aggravated domestic violence
Purpose
To create a felony-level charge for cases in which an offender is repeatedly convicted of a domestic violence offense.
Summary of provisions
Section 1 establishes the crime of aggravated domestic violence as a Class E felony and outlines the incidents that in the aggregate consti- tute the new offense.
Section 2 provides that a special information may be included with an indictment of aggravated domestic violence. This section sets f011h the procedure for trying the case and states that determinations made regarding certain allegations are binding in any future proceeding unless the conviction or determination is reversed or vacated.
Section 3 establishes an effective date of 180 days after passage.
Justification
From 2004 to 2009, in New York County alone, there were 622 individuals convicted of two or more domestic violence offenses. Of those 622 defendants, 221 - or .36% had at least one case with a felony-level assault charge.
The following cases from the New York County District Attorney's Office illustrate the types of cases that prosecutors see every day:
* After a long misdemeanor domestic violence history, involving multiple assaults, violations of orders of protection, a defendant chased his girlfriend down the street with a machete, biting and clawing at her in front of her three year old child.
* Shortly after pleading guilty to assaulting his spouse in front of their children, a defendant went back to victim's apartment and hit her in the face. Only $500 cash bail was set when defendant was arrested again.
* A defendant has 132 prior convictions, many of which stemmed from assaults against his partner. The defendant recently served 9 months in jail for an assault against his daughter. Since his release on that case, the defendant has been arrested again for domestic assault.
* One repeat domestic violence offender assaults his girlfriend each time he is released from custody. Most recently, he was indicted for biting the victim's face.
* After badly beating his pregnant ex-girlfriend, a defendant was arrested. He continued to call his ex-girlfriend, threatening her from jail. He was re-arrested, and pleaded guilty to both cases.
* A defendant with two prior convictions for assaulting his girlfriend was recently rearrested and currently charged with a felony.
Legislative history
None.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
180 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.