Enacts the domestic violence escalation prevention act

2 Co-sponsors

• Bill Perkins
• John L. Sampson

BILL NUMBER:S5432

Title of bill

An act to amend the penal law, in relation to enacting the "domestic violence escalation prevention act"

Purpose or general idea of bill

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 specific provisions

Section 1 titles the bill the "domestic violence escalation prevention act". Section 2 amends subdivision 17 of section 265.00 of the Penal Law, which defines the term "serious offense, by adding a new paragraph c to include a crime set forth in subdivision 1 of section 530.11 of the criminal procedure law where the victim of such offense was a family or household member as defined in that section. The term "serious offense" is used in Penal Law section 400.00(1)(c) with respect to eligibility for a license to carry, possess, repair and dispose of firearms. Section 3 provides for the act to take effect immediately.

Justification

A firearm in the hands of any criminal is a threat, and this is especially true if it is in the hands of a domestic abuser. 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 domestic violence perpetrators from lawfully possessing a firearm, this legislation will protect women and limit the number of domestic violence incidences which escalate to fetal consequences through the use of a gun.

PRIOR. LEGISLATIVE HISTORY: A.4489.A (passed Assembly 2011 and 2012); A.7575 (passed Assembly 2009 and 2010).

Fiscal implications

None.

Effective date

This act shall take effect immediately.