NY State Senate Bill 2017-S7650

Archive: Last Bill Status - In Assembly 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
Jun 18, 2018	referred to codes delivered to assembly passed senate
Jun 04, 2018	advanced to third reading
May 31, 2018	2nd report cal.
May 30, 2018	1st report cal.1419
Feb 05, 2018	referred to codes

Votes

- Jun 18, 2018 - Floor Vote
  S7650
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      DeFrancisco
      
      excused (1)
      
      Croci
  May 30, 2018 - Codes Committee Vote
  S7650
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 30, 2018
      
      aye (15)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      excused (1)
      
      Croci

co-Sponsors

2017-S7650 (ACTIVE) - Details

See Assembly Version of this Bill:: A8842
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add Art 264 §§264.00 & 264.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5798
2021-2022: A8406
2023-2024: A2485
2025-2026: A4652

2017-S7650 (ACTIVE) - Summary

Provides that the commission of certain specified crimes which are committed against a member of the same family or household shall be punishable as domestic violence crimes and carry enhanced penalties.

2017-S7650 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7650

SPONSOR: PHILLIPS
 
PURPOSE OR GENERAL IDEA OF BILL:

Creates a Domestic Violence Crime which provides an enhanced punishment
for a person who intentionally commits a specified offense against a
member of the same family or household.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Penal Law by adding a new Article 264, "Domestic
Violence Crimes" comprised of two sections: S 264.00, Domestic Violence
Crimes and S 264.05, Sentencing.

Subdivision 1 of S. 264.00: states that a person commits a domestic
violence crime when he or she intentionally commits or intends to
commit, a specified offense against a member of the same family or
household.  Subdivision 2 of S 264.00: sets forth the specified
offenses, the commission of which provides the basis for a domestic
violence crime prosecution.  Subdivision 3 of S. 264.00: defines member
of the same family or household. Subdivisions 1 through 5 of S 264.05:

set forth the sentencing consequences for a person who is convicted of a
domestic violence crime. Except when the specified offense is a class A
or B felony, when a person is convicted of a domestic violence crime,
that crime shall be deemed one category higher than the underlying spec-
ified offense. When the specified offense is a violation, the domestic
violence crime shall be deemed an unclassified misdemeanor crime. With
respect to class A and B felonies committed as domestic violence crimes,
subdivisions 4 and 5 of § 264.05 apply, and elevate the respective terms
of imprisonment. Subdivision 6 authorizes the court to require, as a
part of the sentence imposed, that a person convicted of a domestic
violence crime complete a program, training session or counseling
session directed at domestic violence crime prevention and education.

Section 2: Effective date.

 
JUSTIFICATION:

To better understand the complex issue of domestic violence, the Assem-
bly Republican Task Force on Preventing Domestic Violence held a number
of forums throughout the State that provided a comprehensive examination
of the challenges faced by domestic violence victims and the entities
that assist them. Forum testimony emphasized that domestic violence
cases can be some of the most difficult to prosecute, due to the nature
of the relationship between the victim and the abuser. Feedback gener-
ated from the forums identified the deficiencies in current law that
need to be strengthened to better protect domestic violence victims and
hold their abusers more accountable.

This bill accomplishes that end by creating a new domestic violence
crime that recognizes the insidious nature and consequences of domestic
violence crimes and provides for enhanced punishments. The penalty for a
person who commits a specified offense against a member of the same
family or household would be enhanced by one penalty level, providing
clear recognition of the gravity of domestic violence on its victims and
their families.


Under this legislation, more domestic violence offenders would be
arrested. While police are authorized to arrest domestic violence abus-
ers where there is probable cause to believe they committed a crime,
many domestic violence offenses such as Harassment in the Second Degree,
(where a slap, punch or kick falls short of the state's definition of
physical injury) are violations, which are not considered crimes. Under
current law, police cannot arrest an abuser committing a violation if
the officer does not witness the abuser committing the violation or the
victim refuses to make a complaint.  However, many victims refuse to
make a complaint, feeling they are betraying the trust of their abuser
by cooperating with law enforcement. When abusers see that insignificant
or no consequences are likely, their criminal behavior is likely to
continue and even escalate. Elevating these violations to unclassified
misdemeanor crimes would authorize law enforcement to arrest these abus-
ers, sending a clear message to the abuser that his behavior is a crime
and is taken seriously. It would benefit the victim by immediately
getting the abuser out of the house, giving them more time to plan for
their safety. Providing meaningful consequences is an essential compo-
nent of promoting accountability with respect to domestic violence

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S7650 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7650
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sens. PHILLIPS, YOUNG -- 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 domestic violence crimes
 
   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 a new article 264 to
 read as follows:
                                ARTICLE 264
                         DOMESTIC VIOLENCE CRIMES
 SECTION 264.00 DOMESTIC VIOLENCE CRIMES.
         264.05 SENTENCING.
 § 264.00 DOMESTIC VIOLENCE CRIMES.
   1. A PERSON COMMITS A DOMESTIC VIOLENCE CRIME WHEN HE  OR  SHE  INTEN-
 TIONALLY  COMMITS  OR  INTENDS  TO  COMMIT A SPECIFIED OFFENSE AGAINST A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD.
   2. A "SPECIFIED OFFENSE" IS AN 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 120.13  (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 ENDANGERMENT IN
 THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN  THE  FIRST
 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); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); 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 130.20 (SEXUAL MISCONDUCT); SECTION 130.30 (RAPE IN THE
 SECOND  DEGREE);  SECTION  130.35  (RAPE  IN  THE FIRST DEGREE); SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL SEXUAL ACT IN THE SECOND DEGREE); SECTION  130.50  (CRIMINAL  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13678-03-7

 S. 7650                             2
 
 ACT  IN  THE  FIRST DEGREE); SECTION 130.52 (FORCIBLE TOUCHING); SECTION
 130.53 (PERSISTENT SEXUAL ABUSE); SECTION 130.55 (SEXUAL  ABUSE  IN  THE
 THIRD  DEGREE);  SECTION  130.60  (SEXUAL  ABUSE  IN THE SECOND DEGREE);
 SECTION  130.65  (SEXUAL  ABUSE  IN  THE  FIRST  DEGREE); SECTION 130.66
 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);  SECTION  130.67  (AGGRA-
 VATED  SEXUAL  ABUSE  IN  THE SECOND DEGREE); SECTION 130.70 (AGGRAVATED
 SEXUAL ABUSE IN THE FIRST DEGREE); SECTION  130.91  (SEXUALLY  MOTIVATED
 FELONY);  SECTION  130.95  (PREDATORY  SEXUAL  ASSAULT);  SECTION 130.96
 (PREDATORY SEXUAL ASSAULT AGAINST A  CHILD);  SECTION  135.05  (UNLAWFUL
 IMPRISONMENT  IN  THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL IMPRISON-
 MENT IN THE FIRST  DEGREE);  SECTION  135.60  (COERCION  IN  THE  SECOND
 DEGREE);  SECTION  135.65 (COERCION 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  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 215.50
 (CRIMINAL CONTEMPT IN  THE  SECOND  DEGREE);  SECTION  215.51  (CRIMINAL
 CONTEMPT  IN  THE  FIRST  DEGREE);  SECTION  215.52 (AGGRAVATED CRIMINAL
 CONTEMPT); SECTION 240.20 (DISORDERLY CONDUCT); SECTION 240.25  (HARASS-
 MENT  IN  THE  FIRST  DEGREE);  SECTION 240.26 (HARASSMENT IN THE SECOND
 DEGREE); SUBDIVISION ONE, TWO OR  FOUR  OF  SECTION  240.30  (AGGRAVATED
 HARASSMENT  IN  THE SECOND DEGREE); AGGRAVATED FAMILY OFFENSE AS DEFINED
 IN SECTION 240.75 OR ANY ATTEMPT OR CONSPIRACY  TO  COMMIT  ANY  OF  THE
 FOREGOING  OFFENSES  WHERE THE DEFENDANT AND THE PERSON AGAINST WHOM THE
 OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY  OR  HOUSEHOLD  AS
 DEFINED IN SUBDIVISION THREE OF THIS SECTION.
   3. FOR PURPOSES OF THIS SECTION, A MEMBER OF THE SAME FAMILY OR HOUSE-
 HOLD SHALL MEAN THE FOLLOWING INDIVIDUALS:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
   (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
   (E) UNRELATED PERSONS WHO ARE  CONTINUALLY  OR  AT  REGULAR  INTERVALS
 LIVING  IN  THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
 REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
 § 264.05 SENTENCING.
   1. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 THIS ARTICLE, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE,  AS
 DEFINED  IN  SECTION  70.02 OF THIS CHAPTER, THE DOMESTIC VIOLENCE CRIME
 SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C,  D
 OR E FELONY, THE DOMESTIC VIOLENCE CRIME SHALL BE DEEMED TO BE ONE CATE-
 GORY  HIGHER  THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR ONE
 CATEGORY HIGHER THAN THE OFFENSE LEVEL  APPLICABLE  TO  THE  DEFENDANT'S
 CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
 WHICHEVER IS APPLICABLE.
   3. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 THIS ARTICLE AND THE SPECIFIED OFFENSE  IS  A  VIOLATION,  THE  DOMESTIC
 VIOLENCE  CRIME SHALL BE DEEMED AN UNCLASSIFIED MISDEMEANOR AND THE TERM
 OF THE DEFINITE SENTENCE SHALL NOT EXCEED SIXTY DAYS.

 S. 7650                             3
 
   4. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF A DOMESTIC VIOLENCE CRIME PURSUANT TO THIS ARTICLE AND THE
 SPECIFIED OFFENSE IS A CLASS B FELONY:
   (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
 THIS CHAPTER;
   (B)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   (D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
 THIS CHAPTER; AND
   (E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF  THE
 DETERMINATE  SENTENCE  MUST  BE  AT  LEAST TEN YEARS IF THE DEFENDANT IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   5. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF A DOMESTIC VIOLENCE CRIME PURSUANT TO THIS ARTICLE AND THE
 SPECIFIED OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDE-
 TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   6. IN ADDITION TO ANY OF THE DISPOSITIONS AUTHORIZED BY THIS  CHAPTER,
 THE  COURT  MAY  REQUIRE  AS  PART OF THE SENTENCE IMPOSED UPON A PERSON
 CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO  THIS  ARTICLE,  THAT
 THE DEFENDANT COMPLETE A PROGRAM, TRAINING SESSION OR COUNSELING SESSION
 DIRECTED  AT DOMESTIC VIOLENCE CRIME PREVENTION AND EDUCATION, WHERE THE
 COURT DETERMINES SUCH PROGRAM, TRAINING SESSION OR COUNSELING SESSION IS
 APPROPRIATE, AVAILABLE AND WAS DEVELOPED OR AUTHORIZED BY THE  COURT  OR
 LOCAL  AGENCIES  IN  COOPERATION WITH ORGANIZATIONS SERVING THE AFFECTED
 COMMUNITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7650

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 18, 2018 - Floor Vote

Floor Vote: Jun 18, 2018

May 30, 2018 - Codes Committee Vote

Codes Committee Vote: May 30, 2018

co-Sponsors

2017-S7650 (ACTIVE) - Details

2017-S7650 (ACTIVE) - Summary

2017-S7650 (ACTIVE) - Sponsor Memo

2017-S7650 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7650

Share this bill

Sponsored By

Elaine Phillips

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Catharine Young

Rich Funke

2017-S7650 (ACTIVE) - Details

2017-S7650 (ACTIVE) - Summary

2017-S7650 (ACTIVE) - Sponsor Memo

2017-S7650 (ACTIVE) - Bill Text download pdf

Comments