NY State Senate Bill 2011-S6773

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2012	reported and committed to finance
Mar 21, 2012	referred to codes

Votes

- May 30, 2012 - Codes Committee Vote
  S6773
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 30, 2012
      
      aye (14)
      
      DeFrancisco
      
      Duane
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Saland
      
      aye wr (2)
      
      Perkins
      
      Squadron

co-Sponsors

2011-S6773 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Penal Law
Laws Affected:: Amd §§240.30, 240.31, 120.05, 121.12, 120.13, 215.51, 60.35, 215.52 & 70.02, add §240.29, Pen L; amd §510.30, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4091
2015-2016: S839
2017-2018: S294
2019-2020: S75
2021-2022: S6283
2023-2024: S2527

2011-S6773 (ACTIVE) - Summary

Relates to enhancing penalties and protecting victims of crimes of domestic violence.

2011-S6773 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6773

TITLE OF BILL:

An act
to amend the penal law, in relation to
enhancing punishment for crimes involving domestic violence; and
to amend the criminal procedure law, in relation to the consideration
of certain factors when determining the issuance of an order of
recognizance or bail

PURPOSE:

This legislation will protect victims of domestic violence by
providing enhanced penalties for those who habitually commit crimes
against members of their family or household and hold such offenders
accountable with stronger penalties in an effort to deter violence.
This bill also protects victims during the pendency of the case and
expands the criminal procedure law section 510.30 and requires
courts, when determining recognizance or bail in cases of domestic
violence, to consider certain enumerated factors which could lead to
intimidation or injury by the principal to the victim or witness.
Finally, the Bill provides that persons convicted of domestic violence
will pay an additional domestic violence surcharge that will provide
a stream of revenue to the Office of Prevention of Domestic Violence
for the purpose of training members of law enforcement in domestic

violence issues.

SUMMARY OF PROVISIONS:

Section 1. Amends Subdivision 4 of Section 240.30 of the Penal law
aggravated harassment in the second degree by adding the violation of
harassment in the in the second degree as a predicate offense thus
elevating a second Harassment in the second degree to an Aggravated
Harassment, a class "A" misdemeanor.

Section 2. Amends Penal Law section 240.31 by changing the name of
said section to Bias Related Aggravated Harassment.

Section 3. Amends the Penal Law and creates a new subdivision 240.29
Aggravated Harassment in the First degree, which provides that a
person is guilty of such harassment when they have previously been
convicted of Aggravated Harassment in the Second degree in the
previous ten years and presently commits the crime of Aggravated
Harassment as defined in subdivision 1, 2 or 4 of 240.30 and the
victim of the present crime is a household or family member.

Section 4. Amends section 120.05 Assault in the Second degree by
adding a new subdivision which allows felony treatment of a
misdemeanor assault when the actor has been previously convicted of a

delineated offense and the present assault is committed against a
member of the same family of household.

Section 5. Amends section 121.12 of the Penal Law by adding a second
subdivision such that Strangulation in the Second degree the class
"D" felony can be charged if a person commits the misdemeanor
offenses of criminal obstruction of breathing or blood circulation as
defined in section 121.11 and such person has previously been
convicted of criminal obstruction of breathing or blood circulation
in the preceding ten years and the present crime is committed against
a family or household member.

Section 6. Raises the penalty for Menacing in the First degree to a
class "D" felony.

Section 7. Amends Penal Law § 215.51(c) to provide that a second
violation of a family offense order of protection within ten years
constitutes the felony of Criminal Contempt in the First Degree when
the new violation includes conduct that violates any part of the
order of protection. It would also remove language that may limit the
enhancement of the crime when a defendant violates different
provisions of the order of protection.

Section 8. Amends Penal Law section 250.51 raising it one degree
higher to a "D" felony.

Section 9 and 10 of the bill amend §60.35 of the penal law and create
a domestic violence victim assistance fee of $250. This fee is
required to be turned over to the Office for the Prevention of
Domestic Violence and required to be used for training of law
enforcement personnel in issues of domestic violence.

Section 11. Amends §215.52 Aggravated Criminal Contempt raising it
from a class "D" to class "C" felony. It also amends the 5 year look
back period to ten years providing that any conviction within the
previous 10 years for proscribed conduct constitute the crime of
Aggravated Criminal Contempt.

Section 12. §215.51 Criminal Contempt in the First degree and §215.52
Aggravated Criminal Contempt are made violent felonies by amending
Penal law 70.02.

Section 13. Amends by re-lettering paragraph (b) as paragraph (c) of
subdivision 2 of section 510.30 of the criminal procedure law and
adds a new paragraph (b). This new paragraph requires the court to
consider certain factors when determining recognizance or bail in
cases of domestic violence such as prior acts of violence or threats
of violence, prior orders of protection, prior arrests or convictions
for offenses against family or household members, prior violations of
orders of protection, and access to firearms or a history of firearm
use.

Section 14. Sets forth the effective date which shall be the first of
November after the Bill becomes law.

JUSTIFICATION:

Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and
it floods the justice system of New York State as well as the courts
of every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including
the mandatory arrest law, the law creating the registry of orders of
protection, a stalking law, and laws requiring judges to consider
evidence of domestic violence in all child custody and visitation
cases.

Further steps must be taken to address the nature of domestic violence
and the cycle of violence that often repeatedly victimizes family
members of batterers for many years. Strong deterrence for repeated
acts of domestic violence is warranted and necessary. This bill
provides such deterrence.

The Bill enacts enhanced penalties for violent conduct by previously
convicted offenders. These enhanced penalties are for the most common
domestic violence crimes - assaults and violation of court orders.

According to the Division of Criminal Justice Services (DCJS), 2010
statistics on domestic violence there were 28,938 domestic violence
victims in NYC. Of those victims, 22,945 or virtually 80% were
victims of Assault 3rd degree and related offenses or violations of an
order of protection. In the 57 counties outside of New York City the
numbers are even more dramatic. Of the 53,361 domestic violence
victims 48,166 or 90% of all domestic violence victims experienced
assault in the 3rd degree or a violation of a protective order. These
offenses impose a terrible and costly burden on the victims and
society. Being a victim once is unacceptable but when an offender has
a demonstrated violent history of past convictions and now brings
that violence into the household, such person should be dealt with
severely.

This Bill provides significant penalties in an effort to deter acts of
violence and repeated abuse in the home. By enhancing penalties for
the most common domestic violence crimes like Assault in the 3rd
degree and Violation of Orders of Protection the bill addresses the
real problems facing domestic violence victims. Violation of an order
of protection on a repeated basis warrants felony treatment. This
bill makes repeat violations of court orders in Criminal contempt in
the first degree to a "D" felony. And also raises Aggravated
Criminal contempt from a "D" to a "C" felony while making both
offenses violent felonies thus enhancing the sentencing to

determinate VFO sentences.
This Bill also enhances penalties for Assault in the 3rd degree the
most common domestic violence crime if committed by a batterer with a
certain prior convictions. A simple or misdemeanor assault committed
by such person against a family member is raised to a class "D"
felony, Assault in the second degree.

Another area of important area of concern regarding domestic violence
that also needs to be strengthened are New York's bail provisions.
Perpetrators of domestic violence offenses are often set free on low
or no bail and thereby allowed to stalk, harm and sometimes kill
their specifically targeted victims. In December 2002, a perpetrator
of domestic violence was released on $1,500 bail by a city judge in
Westchester County after an attempted assault with a gun on his
former girlfriend. Within days after his release on bail, the
perpetrator shot his former girlfriend in the head and killed
himself. As recently as July 2010, a similar tragic incident occurred
in Dutchess County when the perpetrator killed his wife before
turning the gun on himself. This incident occurred only days after
his release on bail, following one month in jail stemming from an
incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as a history of violence or threats of violence. prior orders of
protection, and the accused's access to guns, many victims and their
children would be spared additional harm and, in some tragic
incidences, their lives.

The bail statute currently does not consider the unique nature of
domestic violence cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim
for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence
perpetrators, who are highly likely to do so. Those who commit acts
of domestic violence do so to exercise power and control over their
specific victim, with whom they have a relationship. Domestic
violence has a high rate of recidivism,and tends to escalate in
frequency and severity over time. The initiation of a court case
against the perpetrator is a high risk time for the victim, who is
perceived by the abuser as trying to escape the relationship.
Perpetrators often threaten and harm their victims during the
pendency of the case in order to force them not to cooperate with the
prosecution and to reconcile.

New York law should permit bail determinations to be used when
necessary to protect witnesses. Domestic violence witnesses are
highly likely to be targeted by the perpetrator for further threats
or harm. Thus, in domestic violence cases, it is essential that the
judge determining recognizance or bail consider factors that indicate
a risk of harm to the victim-witness. This bill offers guidance to
judges by specifying factors including prior acts of violence or

threats of violence, prior orders of protection, prior arrests or
convictions for offenses against intimates or family members, prior
violations of orders of protection,and access to firearms.

Finally, this Bill holds persons convicted of domestic violence
offenses accountable by requiring the batterer to pay a domestic
violence assistance fee. This fee will provide needed revenue for the
training of police officers and the office of prevention of Domestic
violence.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2011-S6773 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6773

                            I N  S E N A T E

                             March 21, 2012
                               ___________

Introduced  by  Sens.  SALAND,  GOLDEN,  LANZA -- 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 enhancing  punishment  for
  crimes  involving  domestic violence; and to amend the criminal proce-
  dure law, in relation to the consideration  of  certain  factors  when
  determining the issuance of an order of recognizance or bail

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of  section  240.30  of  the  penal  law,  as
amended  by  chapter  510  of  the  laws  of 2008, is amended to read as
follows:
  4. Commits the crime of harassment  in  the  first  degree  OR  SECOND
DEGREE  and  has previously been convicted of the crime of harassment in
the first degree OR SECOND DEGREE as defined by section 240.25 OR 240.26
of this article within the preceding ten years.
  S 2. The section heading, opening paragraph and closing  paragraph  of
section 240.31 of the penal law, as amended by chapter 49 of the laws of
2006, are amended to read as follows:
  [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
  A person is guilty of BIAS RELATED aggravated harassment [in the first
degree]  when  with  intent  to harass, annoy, threaten or alarm another
person, because of a belief or perception regarding such person's  race,
color,  national origin, ancestry, gender, religion, religious practice,
age, disability or sexual orientation, regardless of whether the  belief
or perception is correct, he or she:
  [Aggravated]  BIAS RELATED AGGRAVATED harassment [in the first degree]
is a class E felony.
  S 3. The penal law is amended by adding a new section 240.29  to  read
as follows:
S 240.29 AGGRAVATED HARASSMENT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF A AGGRAVATED HARASSMENT IN THE FIRST DEGREE WHEN
WITH  INTENT  TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, HE OR
SHE COMMITS THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND  DEGREE  IN
THE  MANNER PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR FOUR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14503-06-2

S. 6773                             2

OF SECTION 240.30 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN  CONVICTED  OF
THE  CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE FOR THE COMMIS-
SION OF CONDUCT PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO  OR
FOUR  OF  SECTION  240.30 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS
AND SUCH PERSON IS A MEMBER OF THE  SAME  FAMILY  OR  HOUSEHOLD  AS  THE
PERSON  UPON  WHOM THE PRESENT OFFENSE IS COMMITTED. FOR THE PURPOSES OF
THIS SUBDIVISION "MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD"  SHALL  HAVE
THE  SAME MEANING AS IS DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCE-
DURE LAW.
  AGGRAVATED HARASSMENT IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 4. Section 120.05 of the penal law is amended by adding a new subdi-
vision 13 to read as follows:
  13. SUCH PERSON COMMITS THE CRIME OF ASSAULT IN THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  120.00  AGAINST ANOTHER PERSON AND SUCH PERSON HAS
BEEN PREVIOUSLY CONVICTED OF ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE  THIRD
DEGREE);  SECTION  120.05 (ASSAULT IN THE SECOND DEGREE); SECTION 120.10
(ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
PERSON LESS THAN ELEVEN YEARS OLD);  SECTION  120.13  (MENACING  IN  THE
FIRST  DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION
120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20  (RECKLESS  ENDAN-
GERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN
THE FIRST DEGREE); SECTION 121.12 (STRANGULATION IN THE SECOND  DEGREE);
SECTION  121.13  (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE);  SECTION
125.25  (MURDER  IN  THE SECOND DEGREE); SECTION 120.45 (STALKING IN THE
FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD  DEGREE);  SECTION
120.55  (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN THE
FIRST DEGREE); SUBDIVISION ONE OF SECTION  130.35  (RAPE  IN  THE  FIRST
DEGREE);  SUBDIVISION  ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.65 (SEXUAL  ABUSE  IN  THE
FIRST  DEGREE);  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF SECTION 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF  SUBDI-
VISION  ONE  OF  SECTION  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST
DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE);
SECTION  135.10  (UNLAWFUL  IMPRISONMENT  IN  THE FIRST DEGREE); SECTION
135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING  IN
THE  FIRST  DEGREE);  SECTION  135.60  (COERCION  IN THE SECOND DEGREE);
SECTION 135.65 (COERCION IN THE FIRST DEGREE); SECTION 140.10  (CRIMINAL
TRESPASS  IN THE THIRD DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN THE
SECOND DEGREE); SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST  DEGREE);
SECTION  140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY
IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN  THE  FIRST  DEGREE);
SECTION  145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05
(CRIMINAL MISCHIEF  IN  THE  THIRD  DEGREE);  SECTION  145.10  (CRIMINAL
MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
FIRST  DEGREE);  SECTION  150.05  (ARSON  IN THE FOURTH DEGREE); SECTION
150.10 (ARSON IN THE THIRD DEGREE); SECTION 150.15 (ARSON IN THE  SECOND
DEGREE);  SECTION  150.20  (ARSON  IN  THE FIRST DEGREE); SECTION 155.25
(PETIT LARCENY); SECTION 155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);
SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD DEGREE); SECTION 155.40
(GRAND LARCENY IN THE SECOND DEGREE); SECTION 155.42 (GRAND  LARCENY  IN
THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION
160.10  (ROBBERY  IN  THE SECOND DEGREE); SECTION 160.15 (ROBBERY IN THE
FIRST DEGREE); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE); SUBDIVI-

S. 6773                             3

SION ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED  HARASSMENT  IN  THE
SECOND  DEGREE); OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FORE-
GOING OFFENSES, WITHIN THE PRECEDING TEN YEARS  AND  SUCH  PERSON  IS  A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
ENT  OFFENSE IS COMMITTED. FOR THE PURPOSES OF THIS SUBDIVISION "MEMBERS
OF THE SAME FAMILY OR HOUSEHOLD" SHALL  HAVE  THE  SAME  MEANING  AS  IS
DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
  S  5.  Section 121.12 of the penal law, as added by chapter 405 of the
laws of 2010, is amended to read as follows:
S 121.12 Strangulation in the second degree.
  A person is guilty of strangulation in the second degree  when  he  or
she: (1) commits the crime of criminal obstruction of breathing or blood
circulation,  as  defined in section 121.11 of this article, and thereby
causes stupor, loss of consciousness for any  period  of  time,  or  any
other physical injury or impairment[.]; OR
  (2)  COMMITS  THE  CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS ARTICLE AND SUCH PERSON
HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION;  AND  SUCH  PERSON  IS  A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
ENT  CRIME  OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION IS
COMMITTED. FOR THE PURPOSES OF THIS SUBDIVISION  "MEMBERS  OF  THE  SAME
FAMILY  OR  HOUSEHOLD"  SHALL  HAVE  THE  SAME  MEANING AS IS DEFINED IN
SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
  Strangulation in the second degree is a class D felony.
  S 6. Section 120.13 of the penal law, as amended by chapter 765 of the
laws of 2005, is amended to read as follows:
S 120.13 Menacing in the first degree.
  A person is guilty of menacing in the first  degree  when  he  or  she
commits  the  crime of menacing in the second degree and has been previ-
ously convicted of the crime of menacing in the  second  degree  or  the
crime of menacing a police officer or peace officer within the preceding
ten years.
  Menacing in the first degree is a class [E] D felony.
  S 7. Subdivision (c) of section 215.51 of the penal law, as amended by
chapter 349 of the laws of 2006, is amended to read as follows:
  (c)  he  or  she  commits the crime of criminal contempt in the second
degree as defined in subdivision three of section 215.50 of this article
by violating [that part of] a duly served order of protection,  or  such
order  of which the defendant has actual knowledge because he or she was
present in court when such order was issued, under sections two  hundred
forty  and two hundred fifty-two of the domestic relations law, articles
four, five, six and eight of the family court act and section 530.12  of
the  criminal procedure law, or an order of protection issued by a court
of competent jurisdiction in another state, territorial or tribal juris-
diction, [which requires the respondent or defendant to stay  away  from
the  person  or persons on whose behalf the order was issued,] and where
the defendant has been previously convicted of the crime  of  aggravated
criminal contempt or criminal contempt in the first or second degree for
violating  an  order  of  protection  [as  described  herein] within the
preceding [five] TEN years; or
  S 8. The closing paragraph of section 215.51  of  the  penal  law,  as
amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
follows:
  Criminal contempt in the first degree is a class [E] D felony.

S. 6773                             4

  S 9. Subdivisions 1, 2 and 3 of section 60.35 of  the  penal  law,  as
amended  by  section  1  of  part  E  of chapter 56 of the laws of 2004,
subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision  1  as
amended  by  section  1 of part DD of chapter 56 of the laws of 2008 and
paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
2006, are amended to read as follows:
  1. (a) Except as provided in section  eighteen  hundred  nine  of  the
vehicle  and  traffic law and section 27.12 of the parks, recreation and
historic preservation law, whenever  proceedings  in  an  administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
crime  victim  assistance  fee AND A DOMESTIC VIOLENCE VICTIM ASSISTANCE
FEE in addition to any sentence required or permitted by law, in accord-
ance with the following schedule:
  (i) a person convicted of a felony shall pay a mandatory surcharge  of
three  hundred  dollars and a crime victim assistance fee of twenty-five
dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of twenty-five dollars;
  (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
surcharge of ninety-five dollars and a crime victim  assistance  fee  of
twenty-five dollars;
  (iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent  offense  as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition  to  a  mandatory
surcharge  and crime victim assistance fee, pay a sex offender registra-
tion fee of fifty dollars[.];
  (v) a person convicted of a designated offense as defined by  subdivi-
sion  seven  of  section  nine  hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim  assistance
fee, pay a DNA databank fee of fifty dollars[.];
  (VI)  A  PERSON CONVICTED OF ANY OFFENSE WHERE THE COMPLAINANT OF SUCH
OFFENSE IS A MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  THE  CONVICTED
PERSON  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME VICTIM
ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE,  AND  PAY  A
DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE IN THE AMOUNT OF TWO HUNDRED
FIFTY DOLLARS. FOR THE PURPOSES OF THIS SUBDIVISION, "MEMBER OF THE SAME
FAMILY OR HOUSEHOLD" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
530.11 OF THE CRIMINAL PROCEDURE LAW.
  (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
offense  contained in article one hundred thirty of this chapter, incest
in the third, second or first degree  as  defined  in  sections  255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred  sixty-three  of  this chapter, the person convicted shall pay a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
  2. Where a person is convicted of two or  more  crimes  or  violations
committed  through  a single act or omission, or through an act or omis-
sion which in itself constituted one of the  crimes  or  violations  and
also  was  a  material  element  of  the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee, and where  appro-

S. 6773                             5

priate  a  supplemental  sex  offender  victim  fee OR DOMESTIC VIOLENCE
VICTIM ASSISTANCE FEE, in accordance with the provisions of this section
for the crime or violation which carries the highest classification, and
no  other sentence to pay a mandatory surcharge, crime victim assistance
fee [or], supplemental sex offender  victim  fee  OR  DOMESTIC  VIOLENCE
VICTIM ASSISTANCE FEE required by this section shall be imposed. Where a
person  is  convicted  of  two  or more sex offenses or sexually violent
offenses, as defined by  subdivisions  two  and  three  of  section  one
hundred  sixty-eight-a of the correction law, committed through a single
act or omission, or through an act or omission which in  itself  consti-
tuted  one of the offenses and also was a material element of the other,
the court shall impose only one sex offender registration fee.  Where  a
person  is  convicted  of two or more designated offenses, as defined by
subdivision seven of section nine hundred ninety-five of  the  executive
law,  committed  through  a single act or omission, or through an act or
omission which in itself constituted one of the offenses and also was  a
material element of the other, the court shall impose only one DNA data-
bank fee.
  3.  The  mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee, [and] supplemental  sex  offender
victim  fee  AND DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE provided for in
subdivision one of this section shall be paid to the clerk of the  court
or  administrative  tribunal  that  rendered  the conviction. Within the
first ten days of  the  month  following  collection  of  the  mandatory
surcharge,  crime  victim  assistance fee, and supplemental sex offender
victim fee, the collecting  authority  shall  determine  the  amount  of
mandatory surcharge, crime victim assistance fee, [and] supplemental sex
offender   victim  fee  AND  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE
collected and, if it is an administrative tribunal, or a town or village
justice court, it shall then pay such money to the state comptroller who
shall deposit such money in the state treasury pursuant to  section  one
hundred  twenty-one of the state finance law to the credit of the crimi-
nal justice improvement account established by  section  ninety-seven-bb
of the state finance law. Within the first ten days of the month follow-
ing  collection  of  the  sex offender registration fee and DNA databank
fee, the collecting authority shall determine  the  amount  of  the  sex
offender  registration  fee and DNA databank fee collected and, if it is
an administrative tribunal, or a town or village justice court, it shall
then pay such money to the state  comptroller  who  shall  deposit  such
money  in  the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of  the  general  fund.  If  such
collecting  authority is any other court of the unified court system, it
shall, within such period, pay such money attributable to the  mandatory
surcharge  or  crime  victim assistance fee to the state commissioner of
taxation and finance to the credit of the criminal  justice  improvement
account established by section ninety-seven-bb of the state finance law.
If  such  collecting  authority  is any other court of the unified court
system, it shall, within such period, pay such money attributable to the
sex offender registration fee and the DNA  databank  fee  to  the  state
commissioner  of taxation and finance to the credit of the general fund.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ALL MONIES PAID
TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF TAXATION AND  FINANCE
WHICH  ARE  ATTRIBUTABLE  TO  MONIES COLLECTED FOR THE DOMESTIC VIOLENCE
VICTIMS  ASSISTANCE  FEE  SHALL  BE  CREDITED  TO  THE  OFFICE  FOR  THE
PREVENTION  OF  DOMESTIC  VIOLENCE AND SHALL BE USED FOR TRAINING OF LAW
ENFORCEMENT PERSONNEL IN ISSUES INVOLVING DOMESTIC VIOLENCE.

S. 6773                             6

  S 10. Subdivisions 8 and 10 of section 60.35 of the penal law,  subdi-
vision  8 as amended by section 121 of subpart B of part C of chapter 62
of the laws of 2011 and subdivision 10 as amended by section 2 of part Y
of chapter 56 of the laws of 2008, are amended to read as follows:
  8.  Subdivision  one  of  section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex  offender
registration  fee  or  DNA  databank  fee,  crime victim assistance fee,
DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or  supplemental  sex  offender
victim  fee is imposed a town or village court may, and all other courts
shall, issue and cause to be served upon the person required to pay  the
mandatory  surcharge, sex offender registration fee or DNA databank fee,
crime victim assistance fee, DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or
supplemental  sex  offender  victim  fee,  a summons directing that such
person appear before the court regarding the payment  of  the  mandatory
surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
victim assistance  fee,  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE  or
supplemental  sex offender victim fee, if after sixty days from the date
it was imposed it remains unpaid. The designated date of  appearance  on
the  summons  shall be set for the first day court is in session falling
after the sixtieth day from the imposition of the  mandatory  surcharge,
sex  offender registration fee or DNA databank fee, crime victim assist-
ance fee or supplemental sex offender  victim  fee.  The  summons  shall
contain the information required by subdivision two of section 130.10 of
the  criminal procedure law except that in substitution for the require-
ment of paragraph (c) of such subdivision the summons shall  state  that
the  person  served  must  appear  at a date, time and specific location
specified in the summons if after sixty days from the date  of  issuance
the  mandatory  surcharge, sex offender registration fee or DNA databank
fee, crime victim assistance fee, DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE
FEE  or  supplemental  sex offender victim fee remains unpaid. The court
shall not issue a summons under this subdivision  to  a  person  who  is
being sentenced to a term of confinement in excess of sixty days in jail
or  in  the  department  of  corrections  and community supervision. The
mandatory surcharges, sex offender registration  fee  and  DNA  databank
fees,  crime victim assistance fees, DOMESTIC VIOLENCE VICTIM ASSISTANCE
FEES and supplemental sex offender victim fees for those  persons  shall
be governed by the provisions of section 60.30 of this article.
  10.  The  provisions  of this section shall apply to sentences imposed
upon a youthful offender finding; provided, however that the court shall
not impose the sex offender registration fee,  DNA  databank  fee  [or],
supplemental  sex  offender  victim  fee,  OR  DOMESTIC  VIOLENCE VICTIM
ASSISTANCE FEE as defined in subparagraphs (iv) [and], (v) AND  (VI)  of
paragraph  (a) and paragraph (b) of subdivision one of this section, for
an offense in which the  conviction  was  substituted  with  a  youthful
offender finding.
  S 11. Subdivision 3 and the closing paragraph of section 215.52 of the
penal  law,  subdivision 3 as added and the closing paragraph as amended
by chapter 350 of the laws of 2006, are amended to read as follows:
  3. he or she commits the crime  of  criminal  contempt  in  the  first
degree,  as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdi-
vision (b) or subdivision (c) of section 215.51 of this article, and has
been previously convicted of the crime of criminal contempt in the first
degree, as defined in such subdivision (b), (c) or (d) of section 215.51
of this article, within the preceding [five] TEN years.
  Aggravated criminal contempt is a class [D] C felony.

S. 6773                             7

  S 12. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
penal  law, paragraph (b) as amended by chapter 148 of the laws of 2011,
paragraph (c) as amended by chapter 405 of the laws of 2010, are amended
to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25,  robbery  in  the  second  degree  as defined in section 160.10,
AGGRAVATED CRIMINAL CONTEMPT AS  DEFINED  IN  SECTION  215.52,  criminal
possession  of  a  weapon  in  the  second  degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as  defined in section 130.90, CRIMINAL CONTEMPT IN THE FIRST
DEGREE AS DEFINED IN SUBDIVISION (B), (C)  OR  (D)  OF  SECTION  215.51,
criminal possession of a weapon in the third degree as defined in subdi-
vision  five,  six, seven or eight of section 265.02, criminal sale of a
firearm in the third degree as defined in section 265.11, intimidating a
victim or witness in the second degree as  defined  in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second
degree as defined in section 490.10, and making a terroristic threat  as
defined  in  section  490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb  or  hazardous
substance  in  the  first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports  stadium  or  arena,  mass
transportation  facility or enclosed shopping mall as defined in section
240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  S 13. Paragraph (b) of subdivision 2 of section 510.30 of the criminal
procedure  law  is  relettered  paragraph (c) and a new paragraph (b) is
added to read as follows:

S. 6773                             8

  (B) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR  CRIMES  AGAINST  A
MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS  TITLE,  THE  COURT
MUST,  ON  THE  BASIS  OF  AVAILABLE INFORMATION, CONSIDER AND TAKE INTO
ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
  (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
  (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
  (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
  (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS TITLE; AND
  (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
  S 14. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

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Senate Bill S6773

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 30, 2012 - Codes Committee Vote

Codes Committee Vote: May 30, 2012

co-Sponsors

2011-S6773 (ACTIVE) - Details

2011-S6773 (ACTIVE) - Summary

2011-S6773 (ACTIVE) - Sponsor Memo

2011-S6773 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6773

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Martin J. Golden

Andrew J. Lanza

Patrick M. Gallivan

2011-S6773 (ACTIVE) - Details

2011-S6773 (ACTIVE) - Summary

2011-S6773 (ACTIVE) - Sponsor Memo

2011-S6773 (ACTIVE) - Bill Text download pdf

Comments