S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7984
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by M. of A. O'DONNELL, WEPRIN, AUBRY, OTIS, WALKER, BRONSON,
   JAFFEE, BICHOTTE, TAYLOR, STECK, D'URSO, SIMOTAS, ORTIZ, SIMON, GLICK,
   SEAWRIGHT, BLAKE, BUCHWALD -- Multi-Sponsored by --  M.  of  A.  FAHY,
   PERRY, RICHARDSON -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the penal law, in relation to enacting the "domestic
   violence escalation prevention act"; and to repeal certain  provisions
   of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "domestic violence escalation prevention act".
   §  2.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
 law, as added by section 2 of chapter  232  of  the  laws  of  2010,  is
 REPEALED.
   §  3.  Subdivision  17 of section 265.00 of the penal law, as added by
 chapter 1041 of the laws of 1974, paragraph (a) as  amended  by  chapter
 264  of the laws of 2003, paragraph (b) as amended by chapter 232 of the
 laws of 2010, and paragraph (c) as added by chapter 60 of  the  laws  of
 2018, is amended to read as follows:
   17.  "Serious offense" means (a) any of the following offenses defined
 in the former penal law as in force  and  effect  immediately  prior  to
 September first, nineteen hundred sixty-seven: illegally using, carrying
 or  possessing  a pistol or other dangerous weapon; making or possessing
 burglar's instruments; buying or  receiving  stolen  property;  unlawful
 entry  of a building; aiding escape from prison; that kind of disorderly
 conduct defined in subdivisions six and eight of section  seven  hundred
 twenty-two of such former penal law; violations of sections four hundred
 eighty-three,  four  hundred  eighty-three-b, four hundred eighty-four-h
 and article one hundred six of such former penal law; that kind of crim-
 inal sexual act or rape which was designated as a misdemeanor; violation
 of section seventeen hundred forty-seven-d and seventeen hundred  forty-

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

                                                            LBD11941-01-9

 A. 7984                             2
 
 seven-e  of  such  former  penal  law; any violation of any provision of
 article thirty-three of the public health law relating to narcotic drugs
 which was defined as a misdemeanor by section seventeen  hundred  fifty-
 one-a  of  such  former penal law, and any violation of any provision of
 article thirty-three-A of the public health law relating  to  depressant
 and stimulant drugs which was defined as a misdemeanor by section seven-
 teen hundred forty-seven-b of such former penal law[.];
   (b)  any of the following offenses defined in the penal law: illegally
 using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
 possession of burglar's tools; criminal possession of stolen property in
 the  third  degree;  escape  in  the  third degree; jostling; fraudulent
 accosting; endangering the welfare of a child; the offenses  defined  in
 article two hundred thirty-five; issuing abortional articles; permitting
 prostitution;  promoting  prostitution  in the third degree; stalking in
 the third degree; stalking in the fourth degree; the offenses defined in
 article one hundred thirty; the offenses defined in article two  hundred
 twenty[.];
   (c)  any of the following 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 one of section 530.11 of the
 criminal procedure law and as established pursuant to section 370.15  of
 the criminal procedure law: assault in the third degree; menacing in the
 third  degree;  menacing  in  the second degree; criminal obstruction of
 breathing or blood circulation;  unlawful  imprisonment  in  the  second
 degree;  coercion  in  the third degree; criminal tampering in the third
 degree; criminal contempt in the second degree; harassment in the  first
 degree; aggravated harassment in the second degree; criminal trespass in
 the  third  degree; criminal trespass in the second degree; arson in the
 fifth degree; or attempt to commit any of the above-listed  offenses[.];
 OR
   (D)  AN  OFFENSE SET FORTH IN SECTION 370.15 OF THE CRIMINAL PROCEDURE
 LAW IN WHICH THE COURT MAKES A SPECIFIC WRITTEN DETERMINATION  THAT  THE
 DEFENDANT  IS  RELATED  OR  SITUATED  TO  THE VICTIM OF THE CRIME IN THE
 MANNER SPECIFIED IN 18 U.S.C. 921(A)(33)(A)(II) AS PROVIDED  IN  SECTION
 370.15  OF  THE  CRIMINAL  PROCEDURE LAW, PROVIDED, HOWEVER THAT NO SUCH
 WRITTEN DETERMINATION SHALL BE REQUIRED FOR AN OFFENSE INCLUDED IN PARA-
 GRAPH (A) OR (B) OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.