S05411 Summary:
| BILL NO | S05411 |
| SAME AS | SAME AS A06137 |
| SPONSOR | FERNANDEZ |
| COSPNSR | |
| MLTSPNSR | |
| Add §240.80, Pen L | |
| Establishes the crime of domestic violence punishable as a class A misdemeanor. | |
S05411 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 5411 2023-2024 Regular Sessions IN SENATE March 3, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 establishing the crime of domestic violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 240.80 to 2 read as follows: 3 § 240.80 Domestic violence. 4 1. A person is guilty of domestic violence when he or she commits a 5 specified misdemeanor defined in subdivision three of this section and 6 where there was a specified relationship between the defendant and the 7 person against whom the offense was committed as defined in subdivision 8 two of this section. 9 2. A "specified relationship" is one where (a) the defendant is a 10 current or former spouse, parent or guardian of the victim; (b) the 11 defendant is a person with whom the victim shares a child in common; (c) 12 the defendant is a person who is cohabitating with or has cohabitated 13 with the victim as a spouse, parent or guardian; or (d) the defendant is 14 a person similarly situated to a spouse, parent or guardian of the 15 victim. 16 3. A "specified misdemeanor" is an offense defined in section 120.00 17 (assault in the third degree); section 120.14 (menacing in the second 18 degree); section 121.11 (criminal obstruction of breathing or blood 19 circulation); section 130.52 (forcible touching); or section 240.30 20 (aggravated harassment in the second degree) of this part. 21 Domestic violence is a class A misdemeanor. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08473-01-3