Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2020 |
enacting clause stricken |
Feb 06, 2020 |
referred to codes |
Assembly Bill A9715
2019-2020 Legislative Session
Sponsored By
PAULIN
Archive: Last Bill Status - Stricken
- 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
2019-A9715 (ACTIVE) - Details
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §370.15, CP L
2019-A9715 (ACTIVE) - Summary
Requires the people to serve the defendant at arraignment or no later than forty-five days after arraignment, a notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household; must prove by a preponderance of the evidence.
2019-A9715 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9715 I N A S S E M B L Y February 6, 2020 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to procedures for determining whether certain misdemeanor crimes are serious offenses under the penal law and the defendant and alleged victim are members of the same family or household THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 3 of section 370.15 of the criminal procedure law, as added by chapter 60 of the laws of 2018, are amended to read as follows: 1. When a defendant has been charged with 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, the people [may] SHALL, at arraignment or no later than forty-five days after arraignment, serve on the defendant and file with the court a notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household as defined in subdivision one of section 530.11 of this chapter. 3. After having been advised by the court as provided in subdivision two of this section, the defendant may stipulate or admit, orally on the record or in writing, that he or she is related or situated to the victim of such crime in the manner described in subdivision one of this section. In such case, such relationship shall be deemed established. If the defendant denies that he or she is related or situated to the victim of the crime as alleged in the notice served by the people, or stands mute with respect to such allegation, then the people shall bear the burden to prove [beyond a reasonable doubt] BY A PREPONDERANCE OF THE EVIDENCE that the defendant is related or situated to the victim in the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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