Senate Bill S3478

2015-2016 Legislative Session

Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offenses and designates such offenses as family offenses

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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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2015-S3478 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80 & 120.85, Pen L; add §200.64, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S3666
2013-2014: S4155
2017-2018: S4810
2019-2020: S3857
2021-2022: S6176
2023-2024: S5040

2015-S3478 (ACTIVE) - Summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

2015-S3478 (ACTIVE) - Sponsor Memo

2015-S3478 (ACTIVE) - Bill Text download pdf

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

                                  3478

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced  by  Sen.  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  establishing  domestic
  abuse  offenses;  to  amend the criminal procedure law, in relation to
  providing for a special information in the indictment of certain felo-
  ny 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

  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
120.75, 120.80 and 120.85 to read as follows:
S 120.75 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR  HAS  LIVED
TOGETHER  WITH  ANOTHER  PERSON  FOR AN EXTENDED DURATION IN AN INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2. "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS  A
CHILD  IN  COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER SUCH PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3. "FORMER SPOUSE" SHALL MEAN A PERSON  FORMERLY  MARRIED  TO  ANOTHER
PERSON  REGARDLESS  OF  WHETHER  SUCH  PERSONS  STILL RESIDE IN THE SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
S 120.80 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, HE OR SHE CAUSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01513-01-5

              

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