NY State Senate Bill 2021-S6283

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Apr 20, 2021	referred to codes

2021-S6283 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §510.30, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6773
2013-2014: S4091
2015-2016: S839
2017-2018: S294
2019-2020: S75
2023-2024: S2527

2021-S6283 (ACTIVE) - Summary

Relates to enhancing penalties and protecting victims of crimes of domestic violence.

2021-S6283 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6283

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law, in relation to enhancing punishment for
crimes involving domestic violence; and to amend the criminal procedure
law, in relation to the consideration of certain factors when determin-
ing the issuance of an order of recognizance or bail

 
PURPOSE:

This legislation will protect victims of domestic violence by providing
enhanced penalties for those who habitually commit crimes against
members of their family or household and hold such offenders accountable
with stronger penalties in an effort to deter violence.  This bill also
protects victims during the pendency of the case and expands the crimi-
nal procedure law section 510.30 and requires courts, when determining
recognizance or bail in cases of domestic violence, to consider certain
enumerated factors which could lead to intimidation or injury by the
principal to the victim or witness.  Finally, the Bill provides that
persons convicted of domestic violence will pay an additional domestic
violence surcharge that will provide a stream of revenue to the Office

of Prevention of Domestic Violence for the Purpose of training members
of law enforcement in domestic violence issues.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Subdivision 5 of Section 240.30 of the Penal law
aggravated harassment in the second degree by adding the violation of
harassment in the in the second degree as a predicate offense thus
elevating a second Harassment in the second degree to an Aggravated
Harassment, a class "A" misdemeanor.

Section 2. Amends Penal Law section 240.31 by changing the name of said
section to Bias Related Aggravated Harassment.

Section 3. Amends the Penal Law and creates a new subdivision 240.29
Aggravated Harassment in the First degree, which provides that a person
is guilty of such harassment when they have previously been convicted of
Aggravated Harassment in the Second degree in the previous ten years and
presently commits the crime of Aggravated Harassment as defined in
subdivision 1, 2 or 4 of 240.30 and the victim of the present crime is a
household or family member.

Section 4. Amends section 120.05 Assault in the Second degree by adding
a new subdivision which allows felony treatment of a misdemeanor assault
when the actor has been previously convicted of a delineated offense and
the present assault is committed against a member of the same family of
household.

Section 5. Amends section 121.12 of the Penal. Law by adding a second
subdivision such that Strangulation in the Second degree the class "D"
felony can be charged if a person commits the misdemeanor offenses of
criminal obstruction of breathing or blood circulation as defined in
section 121.11 and such person has previously been convicted of criminal
obstruction of breathing or blood circulation in the preceding ten years
and the present crime is committed against a family or household member.

Section 6. Raises, the penalty for Menacing in the First degree to a
class "D" felony.

Section 7. Amends Penal Law § 215.51(c) to provide that a second
violation of a family offense order of protection within ten years
constitutes the felony of Criminal Contempt in the First Degree when the
new violation includes conduct that violates any part of the order of
protection. It would also remove language that may limit the enhancement
of the crime when a defendant violates different provisions of the order
of protection.

Section 8. Amends Penal Law section 250.51 raising it one degree higher
to a "D" felony.

Section 9 and 10 of the bill amend § 60.35 of the penal law and create a
domestic violence victim assistance fee of $250. This fee is required to
be turned over to the Office for the Prevention of Domestic Violence and
required to be used for training of law enforcement personnel in issues
of domestic violence.

Section 11. Amends § 215.52 Aggravated Criminal Contempt raising it from
a class "D" to class "C" felony. It also amends the 5 year look back
period to ten years providing that any conviction within the previous 10
years for proscribed conduct constitute the crime of Aggravated Criminal
Contempt.

Section 12. § 215.51 Criminal Contempt in the First degree and S 215.52
Aggravated Criminal Contempt are made violent felonies by amending Penal
law 70.02.

Section 13. Amends by re-lettering paragraph (b) as paragraph (c) of
subdivision 2 of section 510.30 of the criminal procedure law and adds a
new paragraph (b). This new paragraph requires the court to consider
certain factors when determining recognizance or bail in cases of domes-
tic violence such as prior acts of violence or threats of violence,
prior orders of protection, prior arrests or convictions for offenses
against family or household members, prior violations of orders of
protection, and access to firearms or a history of firearm use.

Section 14. Sets forth the effective date which shall be the first of
November after the Bill becomes law.

 
JUSTIFICATION:

Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and it
floods the justice system of New York State as well as the courts of
every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including the
mandatory arrest law, the law creating the registry of orders of
protection, a stalking law, and laws requiring judges to consider
evidence of domestic violence in all child custody and visitation cases.

Further steps must be taken to address the nature of domestic violence
and the cycle of violence that often repeatedly victimizes family
members of batterers for many years. Strong deterrence for repeated acts
of domestic violence is warranted and necessary. This bill provides such
deterrence.

The Bill enacts enhanced penalties for violent conduct by previously
convicted offenders. These enhanced penalties are for the most common
domestic violence crimes - assaults and violation of court orders.

According to the Division of Criminal Justice Services (DCJS), 2010
statistics on domestic violence there were 28,938 domestic violence
victims in NYC. Of those victims, 22,945 or virtually 80% were victims
of Assault 3rd degree and related offenses or violations of an order of
protection. In the 57 counties outside of New York City the numbers axe
even more dramatic. Of the 53,361 domestic violence victims 48,166 or
90% of all domestic violence victims experienced assault in the 3rd
degree or a violation of a protective order. These offenses impose a
terrible and costly burden on the victims and society. Being a victim
once is unacceptable but when an offender has a demonstrated violent
history of past convictions and now brings that violence into the house-
hold, such person should be dealt with severely.

This Bill provides significant penalties in an effort to deter acts of
violence and repeated abuse in the home. By enhancing penalties for the
most common domestic violence crimes like Assault in the 3rd degree and
Violation of Orders of Protection the bill addresses the real problems
facing domestic violence victims. Violation of an order of protection on
a repeated basis warrants felony treatment. This bill makes repeat
violations of court orders in Criminal contempt in the first degree to a
"D" felony. And also raises Aggravated Criminal contempt from a "D" to a
"C" felony while making both offenses violent felonies thus enhancing
the sentencing to determinate VFO sentences. This Bill also enhances
penalties for Assault in the 3rd degree the most common domestic
violence crime if committed by a batterer with a certain prior
convictions. A simple or misdemeanor assault committed by such person
against a family member is raised to a class "D" felony, Assault in the
second degree.

Another area of important area of concern regarding domestic violence
that also needs to be strengthened are New York's bail provisions.
Perpetrators of domestic violence offenses are often set free on low or
no bail and thereby allowed to stalk, harm and sometimes kill their
specifically targeted victims. In December 2002, a perpetrator of domes-
tic violence was released on $1,500 bail by a city judge in Westchester
County after an attempted assault with a gun on his former girlfriend.

Within days after his release on bail, the perpetrator shot his former
girlfriend in the head and killed himself. As recently as July 2010, a
similar tragic incident occurred in Dutchess County when the perpetrator
killed his wife before turning the gun on himself. This incident
occurred only days after his release on bail, following one month in
jail stemming from an incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as a history of violence or threats of violence prior orders of
protection, and the accused's access to guns, many victims and their
children would be spared additional harm and, in some tragic incidences,
their lives. The bail statute currently does not consider the unique
nature of domestic violence cases. The criminal who commits a street
crime against a stranger, for example, is not likely to target the
victim for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence perpe-
trators, who are highly likely to do so. Those who commit acts of domes-
tic violence do so to exercise power and control over their specific
victim, with whom they have a relationship.  Domestic violence has a
high rate of recidivism, and tends to escalate in frequency and severity
over time. The initiation of a court case against the perpetrator is a
high risk time for the victim, who is perceived by the abuser as trying
to escape the relationship. Perpetrators often threaten and haw their
victims during the pendency of the case in order to force th em not to
cooperate with the prosecution and to reconcile.

New York law should permit bail determinations to be used when necessary
to protect witnesses. Domestic violence witnesses are highly likely to
be targeted by the perpetrator for further threats or harm. Thus, in
domestic violence cases, it is essential that the judge determining
recognizance or bail consider factors that indicate a risk of harm to
the victim-witness. This bill offers guidance to judges by specifying
factors including prior acts of violence or threats of violence, prior
orders of protection, prior arrests or convictions for offenses against
intimates or family members, prior violations of orders of protection,
and access to firearms.

Finally, this Bill holds persons convicted of domestic violence offenses
accountable by requiring the batterer to pay a domestic violence assist-
ance fee. This fee will provide needed revenue for the training of
police officers and the office of prevention of Domestic violence.

 
LEGISLATIVE HISTORY:

2019 - Died in Codes committee

2020 - Died in Codes committee

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2021-S6283 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6283
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 enhancing  punishment  for
   crimes  involving  domestic violence; and to amend the criminal proce-
   dure law, in relation to the consideration  of  certain  factors  when
   determining the issuance of an order of recognizance or bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of  section  240.30  of  the  penal  law,  as
 amended  by  chapter  188  of  the  laws  of 2014, is amended to read as
 follows:
   5. He or she commits the crime of harassment in the  first  degree  OR
 SECOND  DEGREE and has previously been convicted of the crime of harass-
 ment in the first degree OR SECOND DEGREE as defined by  section  240.25
 OR 240.26 of this article within the preceding ten years.
   §  2.  The section heading, opening paragraph and closing paragraph of
 section 240.31 of the penal law, the section heading and  closing  para-
 graph as amended by chapter 49 of the laws of 2006 and the opening para-
 graph  as  amended by chapter 8 of the laws of 2019, are amended to read
 as follows:
   [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
   A person is guilty of BIAS RELATED aggravated harassment [in the first
 degree] when with intent to harass, annoy,  threaten  or  alarm  another
 person,  because of a belief or perception regarding such person's race,
 color, national origin, ancestry, gender, gender identity or expression,
 religion, religious practice, age,  disability  or  sexual  orientation,
 regardless of whether the belief or perception is correct, he or she:
   [Aggravated]  BIAS RELATED AGGRAVATED harassment [in the first degree]
 is a class E felony.
   § 3. The penal law is amended by adding a new section 240.29  to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10898-02-1

 S. 6283                             2
 
 § 240.29 AGGRAVATED HARASSMENT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF A AGGRAVATED HARASSMENT IN THE FIRST DEGREE WHEN
 WITH  INTENT  TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, HE OR
 SHE COMMITS THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND  DEGREE  IN
 THE  MANNER PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR FIVE
 OF SECTION 240.30 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN  CONVICTED  OF
 THE  CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE FOR THE COMMIS-
 SION OF CONDUCT PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO  OR
 FIVE  OF  SECTION  240.30 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS
 AND SUCH PERSON IS A MEMBER OF THE  SAME  FAMILY  OR  HOUSEHOLD  AS  THE
 PERSON  UPON  WHOM THE PRESENT OFFENSE IS COMMITTED. FOR THE PURPOSES OF
 THIS SUBDIVISION "MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD"  SHALL  HAVE
 THE  SAME MEANING AS IS DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCE-
 DURE LAW.
   AGGRAVATED HARASSMENT IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 4. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 15 to read as follows:
   15. SUCH PERSON COMMITS THE CRIME OF ASSAULT IN THE  THIRD  DEGREE  AS
 DEFINED  IN  SECTION  120.00  OF THIS ARTICLE AGAINST ANOTHER PERSON AND
 SUCH PERSON HAS BEEN PREVIOUSLY CONVICTED OF ANY 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 120.12 (AGGRAVATED
 ASSAULT  UPON  A  PERSON  LESS  THAN  ELEVEN  YEARS OLD); 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 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
 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); SUBDIVISION ONE OF SECTION 130.35
 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.50  (CRIMINAL
 SEXUAL  ACT  IN  THE  FIRST  DEGREE);  SUBDIVISION ONE OF SECTION 130.65
 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE  OF
 SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST  DEGREE);  SECTION  135.05  (UNLAWFUL  IMPRISONMENT  IN THE SECOND
 DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);
 SECTION  135.20  (KIDNAPPING  IN  THE  SECOND  DEGREE);  SECTION  135.25
 (KIDNAPPING 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 140.10 (CRIMINAL TRESPASS IN THE
 THIRD DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN THE SECOND  DEGREE);
 SECTION  140.17  (CRIMINAL TRESPASS 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  150.05  (ARSON  IN THE FOURTH DEGREE); SECTION 150.10 (ARSON IN
 THE THIRD DEGREE); SECTION 150.15 (ARSON IN THE SECOND DEGREE);  SECTION
 150.20  (ARSON  IN  THE  FIRST  DEGREE); SECTION 155.25 (PETIT LARCENY);

 S. 6283                             3

 SECTION 155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);  SECTION  155.35
 (GRAND  LARCENY  IN  THE THIRD DEGREE); SECTION 155.40 (GRAND LARCENY IN
 THE SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN THE FIRST  DEGREE);
 SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION 160.10 (ROBBERY IN
 THE  SECOND  DEGREE);  SECTION  160.15  (ROBBERY  IN  THE FIRST DEGREE);
 SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR
 FIVE OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE);  OR
 ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES, WITH-
 IN THE PRECEDING TEN YEARS AND SUCH PERSON IS A MEMBER OF THE SAME FAMI-
 LY  OR  HOUSEHOLD AS THE PERSON UPON WHOM THE PRESENT OFFENSE IS COMMIT-
 TED. FOR THE PURPOSES OF THIS SUBDIVISION "MEMBERS OF THE SAME FAMILY OR
 HOUSEHOLD" SHALL HAVE THE SAME MEANING AS IS DEFINED IN  SECTION  530.11
 OF THE CRIMINAL PROCEDURE LAW.
   §  5.  Section 121.12 of the penal law, as added by chapter 405 of the
 laws of 2010, is amended to read as follows:
 § 121.12 Strangulation in the second degree.
   A person is guilty of strangulation in the second degree  when  he  or
 she: (1) commits the crime of criminal obstruction of breathing or blood
 circulation,  as  defined in section 121.11 of this article, and thereby
 causes stupor, loss of consciousness for any  period  of  time,  or  any
 other physical injury or impairment[.]; OR
   (2)  COMMITS  THE  CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
 CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS ARTICLE AND SUCH PERSON
 HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF CRIMINAL
 OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION;  AND  SUCH  PERSON  IS  A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
 ENT  CRIME  OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION IS
 COMMITTED. FOR THE PURPOSES OF THIS SUBDIVISION  "MEMBERS  OF  THE  SAME
 FAMILY  OR  HOUSEHOLD"  SHALL  HAVE  THE  SAME  MEANING AS IS DEFINED IN
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
   Strangulation in the second degree is a class D felony.
   § 6. Section 120.13 of the penal law, as amended by chapter 765 of the
 laws of 2005, is amended to read as follows:
 § 120.13 Menacing in the first degree.
   A person is guilty of menacing in the first  degree  when  he  or  she
 commits  the  crime of menacing in the second degree and has been previ-
 ously convicted of the crime of menacing in the  second  degree  or  the
 crime of menacing a police officer or peace officer within the preceding
 ten years.
   Menacing in the first degree is a class [E] D felony.
   § 7. Subdivision (c) of section 215.51 of the penal law, as amended by
 chapter 349 of the laws of 2006, is amended to read as follows:
   (c)  he  or  she  commits the crime of criminal contempt in the second
 degree as defined in subdivision three of section 215.50 of this article
 by violating [that part of] a duly served order of protection,  or  such
 order  of which the defendant has actual knowledge because he or she was
 present in court when such order was issued, under sections two  hundred
 forty  and two hundred fifty-two of the domestic relations law, articles
 four, five, six and eight of the family court act and section 530.12  of
 the  criminal procedure law, or an order of protection issued by a court
 of competent jurisdiction in another state, territorial or tribal juris-
 diction, [which requires the respondent or defendant to stay  away  from
 the  person  or persons on whose behalf the order was issued,] and where
 the defendant has been previously convicted of the crime  of  aggravated
 criminal contempt or criminal contempt in the first or second degree for

 S. 6283                             4
 
 violating  an  order  of  protection  [as  described  herein] within the
 preceding [five] TEN years; or
   §  8.  The  closing  paragraph  of section 215.51 of the penal law, as
 amended by chapter 222 of the laws  of  1994,  is  amended  to  read  as
 follows:
   Criminal contempt in the first degree is a class [E] D felony.
   §  9.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
 amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,
 subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
 amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
 paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
 2006, are amended to read as follows:
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
 crime  victim  assistance  fee AND A DOMESTIC VIOLENCE VICTIM ASSISTANCE
 FEE in addition to any sentence required or permitted by law, in accord-
 ance with the following schedule:
   (i) a person convicted of a felony shall pay a mandatory surcharge  of
 three  hundred  dollars and a crime victim assistance fee of twenty-five
 dollars;
   (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five dollars and a crime victim  assistance  fee  of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 surcharge  and crime victim assistance fee, pay a sex offender registra-
 tion fee of fifty dollars[.];
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory surcharge and crime victim  assistance
 fee, pay a DNA databank fee of fifty dollars[.];
   (VI)  A  PERSON CONVICTED OF ANY OFFENSE WHERE THE COMPLAINANT OF SUCH
 OFFENSE IS A MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  THE  CONVICTED
 PERSON  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME VICTIM
 ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE,  AND  PAY  A
 DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE IN THE AMOUNT OF TWO HUNDRED
 FIFTY DOLLARS. FOR THE PURPOSES OF THIS SUBDIVISION, "MEMBER OF THE SAME
 FAMILY OR HOUSEHOLD" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 530.11 OF THE CRIMINAL PROCEDURE LAW.
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a

 S. 6283                             5
 
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.
   2.  Where  a  person  is convicted of two or more crimes or violations
 committed through a single act or omission, or through an act  or  omis-
 sion  which  in  itself  constituted one of the crimes or violations and
 also was a material element of the  other,  the  court  shall  impose  a
 mandatory  surcharge and a crime victim assistance fee, and where appro-
 priate a supplemental sex  offender  victim  fee  OR  DOMESTIC  VIOLENCE
 VICTIM ASSISTANCE FEE, in accordance with the provisions of this section
 for the crime or violation which carries the highest classification, and
 no  other sentence to pay a mandatory surcharge, crime victim assistance
 fee [or], supplemental sex offender  victim  fee  OR  DOMESTIC  VIOLENCE
 VICTIM ASSISTANCE FEE required by this section shall be imposed. Where a
 person  is  convicted  of  two  or more sex offenses or sexually violent
 offenses, as defined by  subdivisions  two  and  three  of  section  one
 hundred  sixty-eight-a of the correction law, committed through a single
 act or omission, or through an act or omission which in  itself  consti-
 tuted  one of the offenses and also was a material element of the other,
 the court shall impose only one sex offender registration fee.  Where  a
 person  is  convicted  of two or more designated offenses, as defined by
 subdivision seven of section nine hundred ninety-five of  the  executive
 law,  committed  through  a single act or omission, or through an act or
 omission which in itself constituted one of the offenses and also was  a
 material element of the other, the court shall impose only one DNA data-
 bank fee.
   3.  The  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee, [and] supplemental  sex  offender
 victim  fee  AND DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE provided for in
 subdivision one of this section shall be paid to the clerk of the  court
 or  administrative  tribunal  that  rendered  the conviction. Within the
 first ten days of  the  month  following  collection  of  the  mandatory
 surcharge,  crime  victim  assistance fee, and supplemental sex offender
 victim fee, the collecting  authority  shall  determine  the  amount  of
 mandatory surcharge, crime victim assistance fee, [and] supplemental sex
 offender   victim  fee  AND  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE
 collected and, if it is an administrative tribunal, or a town or village
 justice court, it shall then pay such money to the state comptroller who
 shall deposit such money in the state treasury pursuant to  section  one
 hundred  twenty-one of the state finance law to the credit of the crimi-
 nal justice improvement account established by  section  ninety-seven-bb
 of the state finance law. Within the first ten days of the month follow-
 ing  collection  of  the  sex offender registration fee and DNA databank
 fee, the collecting authority shall determine  the  amount  of  the  sex
 offender  registration  fee and DNA databank fee collected and, if it is
 an administrative tribunal, or a town or village justice court, it shall
 then pay such money to the state  comptroller  who  shall  deposit  such
 money  in  the state treasury pursuant to section one hundred twenty-one
 of the state finance law to the credit of  the  general  fund.  If  such
 collecting  authority is any other court of the unified court system, it
 shall, within such period, pay such money attributable to the  mandatory
 surcharge  or  crime  victim assistance fee to the state commissioner of
 taxation and finance to the credit of the criminal  justice  improvement
 account established by section ninety-seven-bb of the state finance law.
 If  such  collecting  authority  is any other court of the unified court
 system, it shall, within such period, pay such money attributable to the
 sex offender registration fee and the DNA  databank  fee  to  the  state

 S. 6283                             6
 
 commissioner  of taxation and finance to the credit of the general fund.
 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ALL MONIES PAID
 TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF TAXATION AND  FINANCE
 WHICH  ARE  ATTRIBUTABLE  TO  MONIES COLLECTED FOR THE DOMESTIC VIOLENCE
 VICTIM ASSISTANCE FEE SHALL BE CREDITED TO THE OFFICE FOR THE PREVENTION
 OF DOMESTIC VIOLENCE AND SHALL BE USED FOR TRAINING OF  LAW  ENFORCEMENT
 PERSONNEL IN ISSUES INVOLVING DOMESTIC VIOLENCE.
   §  10.  Subdivision 8 of section 60.35 of the penal law, as amended by
 section 121 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   8. Subdivision one of section 130.10 of  the  criminal  procedure  law
 notwithstanding,  at the time that the mandatory surcharge, sex offender
 registration fee or DNA  databank  fee,  crime  victim  assistance  fee,
 DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or supplemental sex offender
 victim fee is imposed a town or village court may, and all other  courts
 shall,  issue and cause to be served upon the person required to pay the
 mandatory surcharge, sex offender registration fee or DNA databank  fee,
 crime  victim assistance fee, DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE or
 supplemental sex offender victim fee,  a  summons  directing  that  such
 person  appear  before  the court regarding the payment of the mandatory
 surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
 victim  assistance  fee,  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or
 supplemental sex offender victim fee, if after sixty days from the  date
 it  was  imposed it remains unpaid. The designated date of appearance on
 the summons shall be set for the first day court is in  session  falling
 after  the  sixtieth day from the imposition of the mandatory surcharge,
 sex offender registration fee or DNA databank fee, crime victim  assist-
 ance  fee,  DOMESTIC  VIOLENCE VICTIM ASSISTANCE FEE or supplemental sex
 offender victim fee. The summons shall contain the information  required
 by  subdivision  two  of  section  130.10  of the criminal procedure law
 except that in substitution for the requirement of paragraph (c) of such
 subdivision the summons shall state that the person served  must  appear
 at  a date, time and specific location specified in the summons if after
 sixty days from the date of issuance the mandatory surcharge, sex offen-
 der registration fee or DNA databank fee, crime victim  assistance  fee,
 DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or supplemental sex offender
 victim fee remains unpaid. The court shall not  issue  a  summons  under
 this  subdivision  to  a  person  who  is  being  sentenced to a term of
 confinement in excess of sixty days in jail  or  in  the  department  of
 corrections  and  community  supervision.  The mandatory surcharges, sex
 offender registration fee and DNA databank fees, crime victim assistance
 fees, DOMESTIC VIOLENCE VICTIM  ASSISTANCE  FEES  and  supplemental  sex
 offender  victim  fees  for  those  persons  shall  be  governed  by the
 provisions of section 60.30 of this article.
   § 11. Subdivision 3 and the closing paragraph of section 215.52 of the
 penal law, subdivision 3 as added and the closing paragraph  as  amended
 by chapter 350 of the laws of 2006, are amended to read as follows:
   3.  he  or  she  commits  the  crime of criminal contempt in the first
 degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of  subdi-
 vision (b) or subdivision (c) of section 215.51 of this article, and has
 been previously convicted of the crime of criminal contempt in the first
 degree, as defined in such subdivision (b), (c) or (d) of section 215.51
 of this article, within the preceding [five] TEN years.
   Aggravated criminal contempt is a class [D] C felony.
   §  12. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 94 of the  laws  of  2020

 S. 6283                             7
 
 and  paragraph  (c)  as  amended by chapter 134 of the laws of 2019, are
 amended to read as follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as defined in section 120.06, strangulation in the first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25, robbery in the second  degree  as  defined  in  section  160.10,
 AGGRAVATED  CRIMINAL  CONTEMPT  AS  DEFINED  IN SECTION 215.52, criminal
 possession of a weapon in  the  second  degree  as  defined  in  section
 265.03,  criminal  use  of  a firearm in the second degree as defined in
 section 265.08, criminal sale of a  firearm  in  the  second  degree  as
 defined  in section 265.12, criminal sale of a firearm with the aid of a
 minor as defined in section 265.14, aggravated criminal possession of  a
 weapon as defined in section 265.19, soliciting or providing support for
 an  act  of  terrorism in the first degree as defined in section 490.15,
 hindering prosecution of terrorism in the second degree  as  defined  in
 section  490.30, and criminal possession of a chemical weapon or biolog-
 ical weapon in the third degree as defined in section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, CRIMINAL
 CONTEMPT IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION (B), (C)  OR  (D)
 OF  SECTION  215.51, criminal possession of a weapon in the third degree
 as defined in subdivision five,  six,  seven,  eight,  nine  or  ten  of
 section  265.02,  criminal  sale  of  a  firearm  in the third degree as
 defined in section 265.11, intimidating  a  victim  or  witness  in  the
 second  degree  as  defined  in  section 215.16, soliciting or providing
 support for an act of terrorism in  the  second  degree  as  defined  in
 section  490.10, [and] making a terroristic threat as defined in section
 490.20, falsely reporting an incident in the first degree as defined  in
 section 240.60, placing a false bomb or hazardous substance in the first
 degree  as  defined in section 240.62, placing a false bomb or hazardous
 substance in a sports stadium or arena, mass transportation facility  or
 enclosed  shopping  mall as defined in section 240.63, aggravated unper-
 mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.

 S. 6283                             8

   §  13. The opening paragraph of subdivision 2 of section 510.30 of the
 criminal procedure law is designated paragraph (a) and a  new  paragraph
 (b) is added to read as follows:
   (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS TITLE, THE COURT
 MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE  INTO
 ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
 WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
   (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
 HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
 THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
   (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
 A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
   (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
 AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
 SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THIS TITLE; AND
   (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

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Senate Bill S6283

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6283 (ACTIVE) - Details

2021-S6283 (ACTIVE) - Summary

2021-S6283 (ACTIVE) - Sponsor Memo

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Senate Bill S6283

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6283 (ACTIVE) - Details

2021-S6283 (ACTIVE) - Summary

2021-S6283 (ACTIVE) - Sponsor Memo

2021-S6283 (ACTIVE) - Bill Text download pdf

Comments