Requires counseling for certain domestic violence offenders

Title of bill

An act to amend the penal law, in relation to requiring counseling for certain domestic violence offenders

Purpose

To make counseling a requirement for individuals guilty of offensive involving domestic violence.

Summary of provisions

Section 1 amends the penal law by adding a subsection 6 to section 65.10 which states a mandatory condition of counseling when imposing a sentence of probation for a crime or offense involving domestic violence. The defendant can receive professional counseling from either a private or court appointed source. The court will require documentation of attendance of such professional counseling.

Section 2 amends the penal law by adding a new section 60.38 which states a mandatory condition of counseling when suspending the imposition of a sentence for a crime or offense involving domestic violence. The defendant can receive professional counseling from either a private or court appointed source.The court will require documentation of attendance of such professional counseling.

Section 3 provides the act shall take effect immediately.

Existing law

None

Justification

The National Coalition Against Domestic Violence reports one in three women and one in four men have been victims of physical violence by an intimate partner. Domestic violence affects people from all walks of life. It can destroy the institution of marriage, tear families apart and ruin careers. It is a compelling interest of the state to ensure perpetrators of domestic violence receive the professional help they need break the cycle.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.