Creates the crimes of domestic abuse in the first, second and third degrees; creates a judicial diversion program for domestic abuse defendants

BILL NUMBER:S1461

Title of bill

An act to amend the penal law, in relation to the crime of domestic abuse; and to amend the criminal procedure law, in relation to a judicial diversion program for domestic abuse defendants

Purpose of the bill

This bill will create the crime of domestic violence in the first, second and third degrees. It also creates a judicial diversion program for domestic abuse defendants. This will be a not-for-profit organization whose goal is to end abusive behavior.

Summary of provisions

Section 1 of this legislation will define the different levels of domestic violence. This section defines what domestic violence in the first, second and third degree will consist of. Section 2 adds a new article to the criminal procedure law by adding article 217 which will create a judicial diversion program for domestic abuse defendants.

Justification

Domestic violence is often a difficult crime for law officials to get involved with. This legislation breaks down the crime into first, second and third degree domestic violence charges. Domestic violence in the third degree will be considered a class B misdemeanor. Charges can be bought against a person if they kick, shove, strike or threaten their partner. Domestic violence in the second degree will be considered a class A misdemeanor. Individuals facing charges of domestic violence in the second degree have intentionally causes their partner physical injury. Domestic violence in the first degree will be considered a class E felony. A person will be charged with domestic violence in the first degree if they have used a deadly weapon during the abuse or if he or she commits the crimes of domestic abuse in the second degree and has previously been convicted of the crime of domestic abuse in any degree as defined within the preceding five years.

This legislation also creates a judicial diversion program for domestic abuse defendants. This will be a program that is operated by the public or not-for-profit whose end goal will be to end abusive behavior of the defendants. It will be mandatory for individuals to partake in the program if they have committed the crime of domestic violence as defined in the previous section. If a person fails to show up to the program, it will be considered a violation of a court's agreement with the defendant. If a domestic violence offender pleads guilty to their crime, they will be eligible for this program.

This domestic violence package is important for individuals who have faced domestic abuse. Currently domestic violence is a misdemeanor no matter how many times they have been charged with the crime. The creation of domestic violence in the first degree creates a deterrent for those who are violent domestic violence abusers and will prevent a repeat offense.

Many times, victims of domestic abuse want to help their partner and rehabilitate them. The judicial diversion program for domestic abuse defendants allow a defendant to plead guilty to the most serious crime and undergo treatment with permission of the Court. If a person completes the programs, they can plead guilty to a less serious charge of domestic violence.

Prior legislative history

2012 - Same as A.3458 2010 - S.6942/A.9852 2011-12 - S.6357/A.3458 Referred to Codes 2013-14:- S.375 Referred to Codes

Fiscal implications for state

To be determined.

Effective date

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