BILL NUMBER: S7098
SPONSOR: LANZA
 
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 chapLer 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:
2024: S.5040 - Referred to Codes
2023: S.5040 - Referred to Codes
2022: S.6176 - Referred to Codes
2021: S.6176 - Referred to Codes
2020: S.3857 - Referred to Codes / A.4929 - Referred to Codes
2019: S.3857 - Referred to Codes / A.4929 - Referred to Codes
2018: S.4810 - Referred to Codes/A.6170 - Referred to Codes
2017: S.4810 - Referred to Codes/A.6170 - Referred to Codes
2016: S.3478 - Referred to Codes
2015: S.3478 - Referred to Codes
2014: S.4155-A - Referred to Codes/A.3340-A Referred to Codes
2013: S.4155 - Referred to Codes/A.3340 - Referred to Codes
2012: S.3666-C - Referred to Codes/A.5890-C - Referred to Codes
2011: 5.3666 - Referred to Codes/A.5890 - Referred to Codes
 
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.

Statutes affected:
S7098: 370.15 criminal procedure law, 370.15(1) criminal procedure law, 380.97 criminal procedure law, 530.11 criminal procedure law, 530.11(1) criminal procedure law