NY State Senate Bill 2013-S4091

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Mar 08, 2013	referred to codes

2013-S4091 (ACTIVE) - Details

See Assembly Version of this Bill:: A7178
Current Committee:: Senate Codes
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:: 2011-2012: S6773
2015-2016: S839
2017-2018: S294
2019-2020: S75
2021-2022: S6283
2023-2024: S2527

2013-S4091 (ACTIVE) - Summary

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

2013-S4091 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4091

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 5 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 14. 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 15. 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 8096 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 axe 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 haw 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.

2013-S4091 (ACTIVE) - Bill Text download pdf

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

                                  4091

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 5 of  section  240.30  of  the  penal  law,  as
amended  by chapter 510 of the laws of 2008 and as renumbered by section
4 of part D of chapter 491 of the laws of 2012, is amended  to  read  as
follows:
  5.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09634-01-3

S. 4091                             2

  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  FIVE
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
FIVE 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

S. 4091                             3

(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-
SION  ONE,  TWO  OR FIVE 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. 4091                             4

  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  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.

S. 4091                             5

  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-
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

S. 4091                             6

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 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,  DOMESTIC  VIOLENCE VICTIM ASSISTANCE 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 requirement 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 offen-
der 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-

S. 4091                             7

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  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

S. 4091                             8

240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  S  13. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 1 of the laws of 2013, 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, aggravated criminal possession of a
weapon as defined in section 265.19, 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, eight, nine or ten 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 terror-
istic 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. 4091                             9

  S 14. 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:
  (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 15. This act shall  take  effect  on  the  first  of  November  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that if section 27 of chapter 1 of the laws of 2013 is  not  in
effect  on  such  date then section twelve of this act is in effect only
until section 27 of chapter 1 of the laws of 2013 takes effect when upon
such date section thirteen of this act shall take effect.

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Senate Bill S4091

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2013-S4091 (ACTIVE) - Details

2013-S4091 (ACTIVE) - Summary

2013-S4091 (ACTIVE) - Sponsor Memo

2013-S4091 (ACTIVE) - Bill Text download pdf

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Senate Bill S4091

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Codes Committee

2013-S4091 (ACTIVE) - Details

2013-S4091 (ACTIVE) - Summary

2013-S4091 (ACTIVE) - Sponsor Memo

2013-S4091 (ACTIVE) - Bill Text download pdf

Comments