What's happening
This bill expands the definition of "serious offense" in New York law to include certain family offenses and allows individuals to request removal of this designation after three years.
Why it matters
Expands "serious offense" to include family offenses. This change means certain domestic violence-related acts—previously not considered "serious offenses" under New York’s weapons laws—will now carry that designation, affecting firearm rights and other legal consequences for those found responsible.
Creates a path to remove the "serious offense" label. Individuals designated under this new provision can petition the court to have this status removed three years after their family court case concludes, potentially restoring rights and reducing long-term stigma.
Establishes clear criteria for court review. The court must weigh the seriousness of the offense, harm caused, the respondent’s character and history, the victim's viewpoint, and public safety impact before deciding whether to remove the designation, promoting a balanced and individualized approach.
Requires transparency in court decisions. Judges must explain their reasoning on the record when granting or denying removal of the "serious offense" label, helping ensure accountability and clarity for all parties.
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Who cares
Headline styles
Expand Serious Offense Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4028
2017-2018 Regular Sessions
IN SENATE
February 2, 2017
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the definition of serious offense
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 17 of section 265.00 of the penal law is amended by adding a new paragraph (c) to read as follows:
(c) an offense which would constitute a family offense pursuant to section eight hundred twelve of the family court act, where the victim of such offense was a "family or household member" as defined in that section. Where allegations of conduct which would constitute a violation under this chapter have been sustained after a fact finding hearing in family court the respondent may motion the court to vacate the "serious offense" designation made applicable under this section three years after disposition of the family court case. When considering the motion to vacate the "serious offense" designation the court shall consider: (i) the seriousness and circumstances of the offense; (ii) the extent of harm caused by the offense; (iii) the history, character and condition of the respondent; (iv) the position of the petitioner; and (v) the impact vacating the "serious offense" designation may have on public safety. Upon deciding the motion the court must set its reasons therefor upon the record.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08671-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the definition of serious offense
Purpose
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 provisions
Section 1 amends subdivision 17 of section 265.00 of the Penal Law by adding a new paragraph c to include any offense which would constitute a family offense pursuant to section eight hundred twelve of the family court act, where the victim of such offense was a family or household member as defined in that section. The legislation treats conduct which constitutes a violation under the penal law differently than conduct which would constitute a misdemeanor or felony insofar as where an allegation of a violation is sustained by the family court, the respondent may motion the court to vacate the "serious offense" designation three years after disposition of the case. The legislation provides factors which the family court shall apply when hearing such a motion. Upon deciding the motion the court must set its reasons on the record.
Section 2 establishes the effective date.
Justification
A firearm in the hands of any criminal is a threat, especially in the hands of a noted domestic batterer. 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 perpetrators of domestic violence from lawfully possessing a firearm, this legislation will protect both partners, and decrease the propensity for a batterer to continue on a path of violence which may escalate to fatal consequences through the use of a gun.
Legislative history
2009-10:S.4685A - Referred to Codes 2011-12:S.2762 - Referred to Codes 2013-14:S.3331 - Referred to Codes 2015-16:S.2179 - Referred to Codes
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.