STATE OF NEW YORK ________________________________________________________________________ 8901--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. LUNSFORD -- read once and referred to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Title O of the penal law is amended by adding a new article 2 256 to read as follows: 3 ARTICLE 256 4 DOMESTIC VIOLENCE CRIMES 5 Section 256.00 Domestic violence crimes. 6 § 256.00 Domestic violence crimes. 7 1. A person commits a domestic violence crime when he or she inten- 8 tionally commits or intends to commit a specified offense against a 9 member of the same family or household. 10 2. A "specified offense" is an offense defined by any of the following 11 provisions of this chapter: section 120.00 (assault in the third 12 degree); section 120.02 (reckless assault of a child); section 120.05 13 (assault in the second degree); section 120.10 (assault in the first 14 degree); section 120.13 (menacing in the first degree); section 120.14 15 (menacing in the second degree); section 120.15 (menacing in the third 16 degree); section 120.20 (reckless endangerment in the second degree); 17 section 120.25 (reckless endangerment in the first degree); section 18 120.30 (promoting a suicide attempt); section 120.45 (stalking in the 19 fourth degree); section 120.50 (stalking in the third degree); section 20 120.55 (stalking in the second degree); section 120.60 (stalking in the 21 first degree); section 121.11 (criminal obstruction of breathing or 22 blood circulation); section 121.12 (strangulation in the second degree); 23 section 121.13 (strangulation in the first degree); section 125.10 24 (criminally negligent homicide); section 125.15 (manslaughter in the 25 second degree); section 125.20 (manslaughter in the first degree); EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13602-03-4
A. 8901--A 2 1 section 125.25 (murder in the second degree); section 130.20 (sexual 2 misconduct); section 130.25 (rape in the third degree); section 130.30 3 (rape in the second degree); section 130.35 (rape in the first degree); 4 section 130.40 (criminal sexual act in the third degree); section 130.45 5 (criminal sexual act in the second degree); section 130.50 (criminal 6 sexual act in the first degree); section 130.52 (forcible touching); 7 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 8 in the third degree); section 130.60 (sexual abuse in the second 9 degree); section 130.65 (sexual abuse in the first degree); section 10 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 11 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 12 vated sexual abuse in the second degree); section 130.70 (aggravated 13 sexual abuse in the first degree); section 130.75 (course of sexual 14 conduct against a child in the first degree); section 130.80 (course of 15 sexual conduct against a child in the second degree); section 130.85 16 (female genital mutilation); section 130.90 (facilitating a sex offense 17 with a controlled substance); section 130.91 (sexually motivated felo- 18 ny); section 130.95 (predatory sexual assault); section 130.96 (predato- 19 ry sexual assault against a child); section 135.05 (unlawful imprison- 20 ment in the second degree); section 135.10 (unlawful imprisonment in the 21 first degree); section 135.20 (kidnapping in the second degree); section 22 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 23 third degree); section 135.61 (coercion in the second degree); section 24 135.65 (coercion in the first degree); section 140.05 (trespass); 25 section 140.15 (criminal trespass in the second degree); section 140.17 26 (criminal trespass in the first degree); section 140.20 (burglary in the 27 third degree); section 140.25 (burglary in the second degree); section 28 140.30 (burglary in the first degree); section 145.00 (criminal mischief 29 in the fourth degree); section 145.05 (criminal mischief in the third 30 degree); section 145.10 (criminal mischief in the second degree); 31 section 145.12 (criminal mischief in the first degree); section 145.14 32 (criminal tampering in the third degree); section 215.50 (criminal 33 contempt in the second degree); section 215.51 (criminal contempt in the 34 first degree); section 215.52 (aggravated criminal contempt); section 35 240.20 (disorderly conduct); section 240.25 (harassment in the first 36 degree); section 240.26 (harassment in the second degree); subdivision 37 one, two or four of section 240.30 (aggravated harassment in the second 38 degree); section 240.70 (criminal interference with health care services 39 or religious worship in the second degree); section 240.72 (aggravated 40 interference with health care services in the second degree); section 41 240.73 (aggravated interference with health care services in the first 42 degree); section 240.75 (aggravated family offense); or any attempt or 43 conspiracy to commit any of the foregoing offenses where the defendant 44 and the person against whom the offense was committed were members of 45 the same family or household as defined in subdivision three of this 46 section. A "specified offense" shall also be an offense defined by any 47 of the following provisions of this chapter: section 242.05 (interfer- 48 ence, harassment or intimidation of a service animal) and section 242.10 49 (harming a service animal in the second degree) when such service animal 50 is owned by members of the same family or household as defined in subdi- 51 vision three of this section. 52 3. For purposes of this section, a member of the same family or house- 53 hold shall mean the following individuals: 54 (a) persons related by consanguinity or affinity; 55 (b) persons legally married to one another;
A. 8901--A 3 1 (c) persons formerly married to one another regardless of whether they 2 still reside in the same household; 3 (d) persons who have a child in common regardless of whether such 4 persons are married or have lived together at any time; or 5 (e) unrelated persons who are continually or at regular intervals 6 living in the same household or who have in the past continually or at 7 regular intervals lived in the same household. 8 § 2. The penal law is amended by adding a new section 60.38 to read as 9 follows: 10 § 60.38 Authorized disposition; domestic violence crimes. 11 1. When a person is convicted of a domestic violence crime pursuant to 12 section 256.00 of this chapter, and the specified offense is a violent 13 felony offense, as defined in section 70.02 of this title, the domestic 14 violence crime may be deemed a violent felony offense. 15 2. When a person is convicted of a domestic violence crime pursuant to 16 section 256.00 of this chapter and the specified offense is a misdemea- 17 nor or a class C, D or E felony, the domestic violence crime may be 18 deemed to be one category higher than the specified offense the defend- 19 ant committed, or one category higher than the offense level applicable 20 to the defendant's conviction for an attempt or conspiracy to commit a 21 specified offense, whichever is applicable. 22 3. When a person is convicted of a domestic violence crime pursuant to 23 section 256.00 of this chapter and the specified offense is a violation, 24 the domestic violence crime may be deemed an unclassified misdemeanor. 25 4. In addition to any of the dispositions authorized by this chapter, 26 the court may require as part of the sentence imposed upon a person 27 convicted of a domestic violence crime pursuant to this article, that 28 the defendant complete an accountability program for persons who cause 29 harm certified by the office for the prevention of domestic violence in 30 accordance with paragraph (m) of subdivision three of section five 31 hundred seventy-five of the executive law. 32 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 33 criminal procedure law, paragraph (t) as amended and paragraph (u) as 34 added by section 2 of subpart B of part UU of chapter 56 of the laws of 35 2022, are amended and a new paragraph (v) is added to read as follows: 36 (t) any felony or class A misdemeanor involving harm to an identifi- 37 able person or property, or any charge of criminal possession of a 38 firearm as defined in section 265.01-b of the penal law, where such 39 charge arose from conduct occurring while the defendant was released on 40 his or her own recognizance, released under conditions, or had yet to be 41 arraigned after the issuance of a desk appearance ticket for a separate 42 felony or class A misdemeanor involving harm to an identifiable person 43 or property, or any charge of criminal possession of a firearm as 44 defined in section 265.01-b of the penal law, provided, however, that 45 the prosecutor must show reasonable cause to believe that the defendant 46 committed the instant crime and any underlying crime. For the purposes 47 of this subparagraph, any of the underlying crimes need not be a quali- 48 fying offense as defined in this subdivision. For the purposes of this 49 paragraph, "harm to an identifiable person or property" shall include 50 but not be limited to theft of or damage to property. However, based 51 upon a review of the facts alleged in the accusatory instrument, if the 52 court determines that such theft is negligible and does not appear to be 53 in furtherance of other criminal activity, the principal shall be 54 released on his or her own recognizance or under appropriate non-mone- 55 tary conditions; [or]
A. 8901--A 4 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 or 5 (v) a domestic violence crime as defined in section 256.00 of the 6 penal law. 7 § 4. Paragraph (m) of subdivision 3 of section 575 of the executive 8 law, as amended by section 1 of part B of chapter 55 of the laws of 9 2021, is amended to read as follows: 10 (m) [promoting best practices for abusive partner intervention] Devel- 11 oping standards, rules, and regulations for accountability programs for 12 persons who cause harm and certifying programs that meet such standards, 13 rules, and regulations; 14 § 5. This act shall take effect on the ninetieth day after it shall 15 have become a law.