Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offenses and designates such offenses as family offenses

BILL NUMBER:S3478

Title of bill

An act to amend the penal law, in relation to establishing domestic abuse offenses; to amend the criminal procedure law, in relation to providing for a special information in the indictment of certain felony domestic abuse offenses and procedures for determining whether domestic abuse misdemeanors are crimes of domestic violence for purposes of federal law; and to amend the criminal procedure law and the family court act, in relation to including domestic abuse in the first and second degrees as family offenses

Purpose or general idea of bill

Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offense and designates such offenses as family offenses.

Summary of specific provisions

Section one amends the penal law by adding three new sections: 120.75, 120.80, and 120.85.

Section two amends the criminal procedure law by adding a new section 200.64.

Section three amends subdivision one of section 370.15 of the criminal procedure law as added by chapter 258 of the laws of 2011.

Section four amends section 380.97 of the criminal procedure law as added by chapter 258 of the laws of 2011.

Section five amends the opening paragraph of subdivision 1 of section 530.11 of the criminal procedure law as amended by chapter 526 of the laws of 2010.

Section six amends the opening paragraph of subdivision 1 of section 812 of the family court act as separately amended by chapters 526 of the laws of 2013.

Section seven is the effective date.

Justification

Presently, conduct that qualifies only as harassment committed against a spouse or intimate partner but that results in physical injury is punishable as a mere violation. The creation of the crime of domestic abuse in the second degree increases the scope of punishment of those who cause physical injury to a spouse or intimate partner, thereby providing a greater deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive conduct against a spouse or intimate partner that results in physical injury. Such conduct time and again leads to more and more serious assaults, serious physical injury and perhaps death. The creation of the felony of domestic abuse in the first degree increases the scope

of punishment and provides a greater deterrent for those who commit serious domestic abuse or who are repeat offenders.

In addition, currently, New York has no offense specifically identified as domestic violence or abuse. By creating the crime of domestic abuse for offenses in which physical injury is caused in the context of a domestic relationship, New York will join the many other states that are able to track domestic violence, in order to address one of the most underreported crimes in New York State. That change will also enable enforcement of federal laws prohibiting sale of firearms to those who have been convicted of a misdemeanor crime of domestic violence.

Prior legislative history

2014: S.4155-A Amend and Recommit to Codes / A.3340-a Amend and Recommit to Codes 2013: Referred to Codes/A3340 Referred to Codes 2012: A.5890-C/S.3666-C - Died in Codes, both Houses.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.