Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 12, 2015 |
referred to codes |
Senate Bill S1461
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
2015-S1461 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§120.80, 120.83 & 120.85, Pen L; add Art 217 §§217.00 & 217.05, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S6942
2011-2012: S6357
2013-2014: S375
2015-S1461 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1461 TITLE OF BILL: An act to amend the penal law, in relation to the crime of domestic abuse; and to amend the criminal procedure law, in relation to a judicial diversion program for domestic abuse defendants PURPOSE OF THE BILL: This bill will create the crime of domestic violence in the first, second and third degrees. It also creates a judicial diversion program for domestic abuse defendants. This will be a not-for-profit organization whose goal is to end abusive behavior. SUMMARY OF PROVISIONS: Section 1 of this legislation will define the different levels of domestic violence. This section defines what domestic violence in the first, second and third degree will consist of. Section 2 adds a new article to the criminal procedure law by adding article 217 which will create a judicial diversion program for domestic abuse defendants. JUSTIFICATION: Domestic violence is often a difficult crime for law officials to get involved with. This legislation breaks down the crime into first, second and third degree domestic violence charges. Domestic violence
2015-S1461 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1461 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the crime of domestic abuse; and to amend the criminal procedure law, in relation to a judi- cial diversion program for domestic abuse defendants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding three new sections 120.80, 120.83 and 120.85 to read as follows: S 120.80 DOMESTIC ABUSE IN THE THIRD DEGREE. A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE THIRD DEGREE WHEN, WITH INTENT TO HARASS, ANNOY, OR ALARM HIS OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON, OR DOMESTIC PARTNER, HE OR SHE STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT OR ATTEMPTS OR THREATENS TO DO THE SAME. FOR PURPOSES OF THIS SECTION, "SPOUSE" SHALL MEAN PERSONS LEGALLY MARRIED TO ONE ANOTHER, "FORMER SPOUSE" SHALL MEAN PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY STILL RESIDE IN THE SAME HOUSEHOLD, "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER, AND "DOMESTIC PARTNER" SHALL MEAN PERSONS WHO ARE LIVING OR HAVE LIVED TOGETHER FOR AN EXTENDED DURATION IN AN INTIMATE RELATIONSHIP MARKED BY SEXUAL, PHYSICAL, OR FINANCIAL INTERDEPENDENCE. DOMESTIC ABUSE IN THE THIRD DEGREE IS A CLASS B MISDEMEANOR. S 120.83 DOMESTIC ABUSE IN THE SECOND DEGREE. A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE WHEN WITH INTENT TO HARASS, ANNOY, OR ALARM HIS OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON, OR DOMESTIC PARTNER, AS DEFINED IN SECTION 120.80 OF THIS ARTICLE, HE OR SHE CAUSES SUCH PERSON PHYSICAL INJURY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03205-01-5
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