S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8406
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13249-01-1
              

 A. 8406                             2
 
 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
 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 THIRD
 DEGREE); SECTION 135.61 (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 (DISORDER-
 LY  CONDUCT);  SECTION  240.25 (HARASSMENT 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); AGGRA-
 VATED 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.
 A. 8406                             3
 
   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.
   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.