BILL NUMBER: S9934
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the penal law, the criminal procedure law and the execu-
tive law, in relation to establishing domestic violence crimes
 
PURPOSE:
This bill will create a category of domestic violence crimes that will
be eligible for immediate arrest, cash bail upon arrest, and enhanced
criminal sentences upon conviction.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new article 256 to title 0 of the penal law establish-
ing the category of "Domestic Violence Crimes." A person commits a
domestic violence crime when they intentionally commit or intends to
commit a specified offense against a member of the same family or house-
hold. Said specified offenses are specifically enumerated and include
crimes against the person. "Member of the same family or household" is
also defined herein.
Section 2 add section 60.38 to the penal law, which allows for an
enhanced sentence for defendants found to have committed a domestic
violence crime. It also gives judges the power to require as part of the
sentence the completion by defendant of a program an accoun tability
program for persons who cause harm certified by the Office for the
Prevention of Domestic Violence ("OPDV") prevention and education.
Section 3 adds paragraph v to section 510.10(4) of the criminal proce-
dure law, which makes a "domestic violence crime" a qualifying o ffense
whereby the court may fix bail, order non-monetary conditions in
conjunction with fixing bail, or, where the defendant is char ged with a
qualifying offense which is a felony, commit the defendant to custody.
This section also makes technical changes to paragraphs (t) and (u) of
this same section.
Section 4 amends paragraph M of section 575 of the executive law to
empower OPDV to develop standards, rules, and regulations for account-
ability programs for persons who cause harm and to certify such
programs.
Section 5 is the effective date.
 
JUSTIFICATION:
On average, nearly 20 people per minute are physically abused by an
intimate partner in the United States - more than 10 million peop le
annually. Studies regularly show that 1 in 4 women and 1 in 9 men expe-
rience intimate partner violence; statistics that significantly increase
when we pull out physical violence. 1 in 3 women and 1 in 4 men have
experienced some form of physical violence by an in timate partner and
that intimate partner violence accounts for 15% of all violent crime.
These numbers also increase when the survivor is from an historically
excluded communities, specifically BIPOC, LGBTQIA, immigrant, API,
differently abled, and those living at the intersection of multiple
identities.
Yet, these crimes are often unreported for a variety of reasons, but one
that the Legislature can resolve is the feeling that large n umbers of
victims and survivors report - the criminal justice system doesn't take
this seriously and there is very little the police can do. This bill
will create a category of domestic violence crimes that will be eligible
for immediate arrest, cash bail upon arres t, and enhanced criminal
sentences upon conviction. Other categories of crimes include "offenses
relating to children, disable person s and vulnerable elderly persons"
and "sexual performance by a child." A category of "domestic violence
crimes" in New York's criminal law will signal to victims and survivors
that we recognize the seriousness and insidiousness of this violence
against them as well as signal to potential offenders that they will be
prosecuted to the fullest extent of the law.
Additionally, a concern by victims and survivors is that their abuser
may be arrested and released immediately, leaving them vulnerab le to
further abuse. While current law does allow for the consideration of
domestic violence in ordering pre-trial restrictions, this bill will
explicitly include any domestic violence as a qualifying offense for
setting cash bail or, if a felony, remanding the defendant into custody.
This will allow victims and survivors to take action to keep themselves
and their loved ones safe and engage with our incredible domestic
violence agencies. This also allows law enforcement and pre-trial
services to connect defendants with resour ces. Moreover, it eliminates
situations where an act of abuse may be considered only a violation and
not subject to arrest by elevating any domestic violence crime to a
misdemeanor.
Upon conviction of a domestic violence crime, judges will be able to
order an enhanced sentence of incarceration and order completion of
prevention and education programs. An increased sentence again demon-
strates that New York and our criminal justice system takes domestic
violence crimes seriously and that the punishment for a conviction of
the same will result in commensurate punishment.
Domestic violence victims and survivors have suffered in silence for too
long. This bill will provide reassurance that New York takes domestic
violence very seriously, as well as have the practical effects of giving
victims and survivors time to take safety precautions by making domestic
violence crimes bail eligible and subject to immediate arrest and allow-
ing for enhanced sentences of those convicted of such a crime.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S9934: 575 executive law, 575(3) executive law