NY State Senate Bill 2023-S9934

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 18, 2024	referred to rules

2023-S9934 (ACTIVE) - Details

See Assembly Version of this Bill:: A8901
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add Title O Art 256 §256.00, §60.38, Pen L; amd §510.10, CP L; amd §575, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6019
2011-2012: A2065
2013-2014: A5347
2015-2016: A3839
2017-2018: A3124
2019-2020: A1453
2021-2022: A23

2023-S9934 (ACTIVE) - Summary

Establishes domestic violence crimes when an individual commits or intends to commit a specified offense against a member of the same family or household; defines specified offenses; defines members of the same family; sets forth criteria for the authorized disposition of individuals convicted of a domestic violence crime.

2023-S9934 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9934

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the penal law, the criminal procedure law and the execu-
tive law, in relation to establishing domestic violence crimes

 
PURPOSE:

This bill will create a category of domestic violence crimes that will
be eligible for immediate arrest, cash bail upon arrest, and enhanced
criminal sentences upon conviction.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new article 256 to title 0 of the penal law establish-
ing the category of "Domestic Violence Crimes." A person commits a
domestic violence crime when they intentionally commit or intends to
commit a specified offense against a member of the same family or house-
hold. Said specified offenses are specifically enumerated and include
crimes against the person. "Member of the same family or household" is

also defined herein.

Section 2 add section 60.38 to the penal law, which allows for an
enhanced sentence for defendants found to have committed a domestic
violence crime. It also gives judges the power to require as part of the
sentence the completion by defendant of a program an accoun tability
program for persons who cause harm certified by the Office for the
Prevention of Domestic Violence ("OPDV") prevention and education.

Section 3 adds paragraph v to section 510.10(4) of the criminal proce-
dure law, which makes a "domestic violence crime" a qualifying o ffense
whereby the court may fix bail, order non-monetary conditions in
conjunction with fixing bail, or, where the defendant is char ged with a
qualifying offense which is a felony, commit the defendant to custody.
This section also makes technical changes to paragraphs (t) and (u) of
this same section.

Section 4 amends paragraph M of section 575 of the executive law to
empower OPDV to develop standards, rules, and regulations for account-
ability programs for persons who cause harm and to certify such
programs.

Section 5 is the effective date.

 
JUSTIFICATION:

On average, nearly 20 people per minute are physically abused by an
intimate partner in the United States - more than 10 million peop le
annually. Studies regularly show that 1 in 4 women and 1 in 9 men expe-
rience intimate partner violence; statistics that significantly increase
when we pull out physical violence. 1 in 3 women and 1 in 4 men have
experienced some form of physical violence by an in timate partner and
that intimate partner violence accounts for 15% of all violent crime.
These numbers also increase when the survivor is from an historically
excluded communities, specifically BIPOC, LGBTQIA, immigrant, API,
differently abled, and those living at the intersection of multiple
identities.
Yet, these crimes are often unreported for a variety of reasons, but one
that the Legislature can resolve is the feeling that large n umbers of
victims and survivors report - the criminal justice system doesn't take
this seriously and there is very little the police can do. This bill
will create a category of domestic violence crimes that will be eligible
for immediate arrest, cash bail upon arres t, and enhanced criminal
sentences upon conviction. Other categories of crimes include "offenses
relating to children, disable person s and vulnerable elderly persons"
and "sexual performance by a child."  A category of "domestic violence
crimes" in New York's criminal law will signal to victims and survivors
that we recognize the seriousness and insidiousness of this violence
against them as well as signal to potential offenders that they will be
prosecuted to the fullest extent of the law.

Additionally, a concern by victims and survivors is that their abuser
may be arrested and released immediately, leaving them vulnerab le to
further abuse. While current law does allow for the consideration of
domestic violence in ordering pre-trial restrictions, this bill will
explicitly include any domestic violence as a qualifying offense for
setting cash bail or, if a felony, remanding the defendant into custody.
This will allow victims and survivors to take action to keep themselves
and their loved ones safe and engage with our incredible domestic
violence agencies. This also allows law enforcement and pre-trial
services to connect defendants with resour ces. Moreover, it eliminates
situations where an act of abuse may be considered only a violation and
not subject to arrest by elevating any domestic violence crime to a
misdemeanor.

Upon conviction of a domestic violence crime, judges will be able to
order an enhanced sentence of incarceration and order completion of
prevention and education programs. An increased sentence again demon-
strates that New York and our criminal justice system takes domestic
violence crimes seriously and that the punishment for a conviction of
the same will result in commensurate punishment.

Domestic violence victims and survivors have suffered in silence for too
long. This bill will provide reassurance that New York takes domestic
violence very seriously, as well as have the practical effects of giving
victims and survivors time to take safety precautions by making domestic
violence crimes bail eligible and subject to immediate arrest and allow-
ing for enhanced sentences of those convicted of such a crime.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S9934 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9934
 
                             I N  S E N A T E
 
                             October 18, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, the criminal procedure law and the execu-
   tive law, in relation to establishing domestic violence crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Title O of the penal law is amended by adding a new article
 256 to read as follows:
 
                                ARTICLE 256
                         DOMESTIC VIOLENCE CRIMES
 
 SECTION 256.00 DOMESTIC VIOLENCE CRIMES.
 § 256.00 DOMESTIC VIOLENCE CRIMES.
   1.  A PERSON COMMITS A DOMESTIC VIOLENCE CRIME WHEN SUCH PERSON 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 120.02 (RECKLESS ASSAULT OF A  CHILD);  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
 120.30 (PROMOTING A SUICIDE ATTEMPT); 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);  SECTION  125.10
 (CRIMINALLY  NEGLIGENT  HOMICIDE);  SECTION  125.15 (MANSLAUGHTER IN THE
 SECOND DEGREE); SECTION  125.20  (MANSLAUGHTER  IN  THE  FIRST  DEGREE);
 SECTION  125.25  (MURDER  IN  THE SECOND DEGREE); SECTION 130.20 (SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13602-06-4
 S. 9934                             2
 
 MISCONDUCT); SECTION 130.25 (RAPE IN THE THIRD DEGREE);  SECTION  130.30
 (RAPE  IN THE SECOND DEGREE); SECTION 130.35 (RAPE 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 130.65-A (AGGRAVATED SEXUAL ABUSE  IN  THE
 FOURTH  DEGREE);  SECTION  130.66  (AGGRAVATED SEXUAL ABUSE IN THE THIRD
 DEGREE); SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND  DEGREE);
 SECTION  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION
 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE  FIRST  DEGREE);
 SECTION  130.80  (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND
 DEGREE); SECTION 130.85  (FEMALE  GENITAL  MUTILATION);  SECTION  130.90
 (FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE); 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 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 140.05 (TRESPASS); 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 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 (DISORDERLY 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 (AGGRA-
 VATED HARASSMENT IN THE SECOND DEGREE); SECTION 240.70 (CRIMINAL  INTER-
 FERENCE  WITH  HEALTH  CARE  SERVICES OR RELIGIOUS WORSHIP IN THE SECOND
 DEGREE);  SECTION  240.72  (AGGRAVATED  INTERFERENCE  WITH  HEALTH  CARE
 SERVICES  IN THE SECOND DEGREE); SECTION 240.73 (AGGRAVATED INTERFERENCE
 WITH HEALTH CARE SERVICES IN THE FIRST DEGREE); SECTION  240.75  (AGGRA-
 VATED FAMILY OFFENSE); 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. A "SPECIFIED OFFENSE"
 SHALL ALSO BE AN OFFENSE DEFINED BY ANY OF THE FOLLOWING  PROVISIONS  OF
 THIS  CHAPTER:  SECTION 242.05 (INTERFERENCE, HARASSMENT OR INTIMIDATION
 OF A SERVICE ANIMAL) AND SECTION 242.10 (HARMING A SERVICE ANIMAL IN THE
 SECOND DEGREE) WHEN SUCH SERVICE ANIMAL IS OWNED BY 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
 S. 9934                             3
 
   (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.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 AUTHORIZED DISPOSITION; DOMESTIC VIOLENCE CRIMES.
   1. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION  256.00  OF THIS CHAPTER, AND THE SPECIFIED OFFENSE IS A VIOLENT
 FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS TITLE, THE  DOMESTIC
 VIOLENCE CRIME MAY BE DEEMED A VIOLENT FELONY OFFENSE.
   2. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION  256.00 OF THIS CHAPTER AND THE SPECIFIED OFFENSE IS A MISDEMEA-
 NOR OR A CLASS C, D OR E FELONY, THE  DOMESTIC  VIOLENCE  CRIME  MAY  BE
 DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFEND-
 ANT 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.
   3. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE CRIME PURSUANT TO
 SECTION 256.00 OF THIS CHAPTER AND THE SPECIFIED OFFENSE IS A VIOLATION,
 THE DOMESTIC VIOLENCE CRIME MAY BE DEEMED AN UNCLASSIFIED MISDEMEANOR.
   4.  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 AN ACCOUNTABILITY PROGRAM FOR PERSONS  WHO  CAUSE
 HARM  CERTIFIED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE IN
 ACCORDANCE WITH PARAGRAPH (M)  OF  SUBDIVISION  THREE  OF  SECTION  FIVE
 HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her own] SUCH PRINCIPAL'S recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
 S. 9934                             4
 
   (V)  A  DOMESTIC  VIOLENCE  CRIME  AS DEFINED IN SECTION 256.00 OF THE
 PENAL LAW.
   §  4.  Paragraph  (m) of subdivision 3 of section 575 of the executive
 law, as amended by section 1 of part B of chapter  55  of  the  laws  of
 2021, is amended to read as follows:
   (m) [promoting best practices for abusive partner intervention] DEVEL-
 OPING  STANDARDS, RULES, AND REGULATIONS FOR ACCOUNTABILITY PROGRAMS FOR
 PERSONS WHO CAUSE HARM AND CERTIFYING PROGRAMS THAT MEET SUCH STANDARDS,
 RULES, AND REGULATIONS;
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S9934

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2023-S9934 (ACTIVE) - Details

2023-S9934 (ACTIVE) - Summary

2023-S9934 (ACTIVE) - Sponsor Memo

2023-S9934 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9934

Share this bill

Sponsored By

Jeremy A. Cooney

Current Bill Status - In Senate Committee Rules Committee

2023-S9934 (ACTIVE) - Details

2023-S9934 (ACTIVE) - Summary

2023-S9934 (ACTIVE) - Sponsor Memo

2023-S9934 (ACTIVE) - Bill Text download pdf

Comments