New York State Assembly

 
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A05025 Summary:

A05025 Actions:

A05025 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:03/22/2017AYE/NAY:19/3  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A05025 Floor Votes:

A05025 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5025
 
SPONSOR: O'Donnell (MS)

 
TITLE OF BILL:  An act to amend the penal law, in relation to enacting
the "domestic violence escalation prevention act"
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill would improve public safety and prevent domestic violence
incidents from escalating into even greater violence by keeping guns out
of the hands of domestic violence perpetrators.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 titles the bill the "domestic violence escalation prevention
act". Section 2 amends subdivision 17 of section 265.00 of the Penal
Law, which defines the term "serious offense, by adding a new paragraph
c to include a crime set forth in section 370.15 of the criminal proce-
dure law, where the court makes a written determination that the defend-
ant is related to the victim in the manner specified in 18 U.S.C.
921(a)(33)(A)(ii). The term "serious offense" is used in Penal Law
section 400.00(1)(c) with respect to eligibility for a license to carry,
possess, repair and dispose of firearms. Section 3 provides for the act
to take effect immediately.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
None.
 
 
JUSTIFICATION:
 
A firearm in the hands of any criminal is a threat, and this is espe-
cially true if it is in the hands of a domestic abuser.  Fifty-four
percent of female homicides are committed with a firearm and two thirds
of all women killed with firearms are killed by their male partners, By
prohibiting domestic violence perpetrators from lawfully possessing a
firearm, this legislation will protect women and limit the number of
domestic violence incidences which escalate to fatal consequences
through the use of a gun.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.6340 (2015-16);
A.6390 (passed Assembly 2013 and 2014);
A.4488.A (passed Assembly 2011 and 2012);
A.7575 (passed Assembly 2009 and 2010).
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A05025 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5025
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. O'DONNELL, WEPRIN, AUBRY, OTIS, WALKER, SKOUFIS,
          BRONSON -- Multi-Sponsored by -- M. of A. FAHY, PERRY,  RICHARDSON  --
          read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the penal law, in relation to enacting the "domestic
          violence escalation prevention act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "domestic violence escalation prevention act".
     3    § 2. Subdivision 17 of section 265.00 of the penal law is  amended  by
     4  adding a new paragraph (c) to read as follows:
     5    (c)  an  offense set forth in section 370.15 of the criminal procedure
     6  law in which the court makes a specific written determination  that  the
     7  defendant  is  related  or  situated  to  the victim of the crime in the
     8  manner specified in 18 U.S.C. 921(a)(33)(A)(ii) as provided  in  section
     9  370.15  of  the  criminal  procedure law, provided, however that no such
    10  written determination shall be required for an offense included in para-
    11  graphs (a) or (b) of this subdivision.
    12    § 3. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09464-01-7

A05025 LFIN:

 
NO LFIN