 
                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 Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
     2  amended by adding a new paragraph (c) to read as follows:
     3    (c)  an  offense  which  would constitute a family offense pursuant to
     4  section eight hundred twelve of the family court act, where  the  victim
     5  of  such  offense  was a "family or household member" as defined in that
     6  section.    Where  allegations  of  conduct  which  would  constitute  a
     7  violation  under  this  chapter have been sustained after a fact finding
     8  hearing in family court the respondent may motion the  court  to  vacate
     9  the  "serious  offense"  designation  made applicable under this section
    10  three years after disposition of the family court case. When considering
    11  the motion to vacate the "serious offense" designation the  court  shall
    12  consider: (i) the seriousness and circumstances of the offense; (ii) the
    13  extent  of  harm caused by the offense; (iii) the history, character and
    14  condition of the respondent; (iv) the position of  the  petitioner;  and
    15  (v)  the  impact  vacating the "serious offense" designation may have on
    16  public safety. Upon deciding the motion the court must set  its  reasons
    17  therefor upon the record.
    18    § 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
Relates to the definition of serious offense

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