Assembly Bill A9938

2019-2020 Legislative Session

Relates to requiring the people to serve defendants notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household

download bill text pdf

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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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2019-A9938 (ACTIVE) - Details

See Senate Version of this Bill:
S7792
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §370.15, CP L

2019-A9938 (ACTIVE) - Summary

Requires the people to serve defendants notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household within 45 days of arraignment.

2019-A9938 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9938
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to requiring the
   people to serve defendants notice alleging that the defendant and  the
   person alleged to be the victim of such crime were 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. Subdivision 1 of section 370.15 of the  criminal  procedure
 law,  as  added by chapter 60 of the laws of 2018, is 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14434-01-9

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