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A10452 Summary:

BILL NOA10452
 
SAME ASSAME AS S08876
 
SPONSORRa
 
COSPNSR
 
MLTSPNSR
 
Add §577, Exec L
 
Establishes the persistent domestic violence offender registry to provide information on the persistent domestic violence offender, including but not limited to, the name, date of birth, conviction date, county or counties of convictions, and a current photograph of any person who was convicted of an offense against a victim of domestic violence and has at least one prior conviction for a family offense committed against a member of the same family as defined in subdivision one of section 530.11 of the criminal procedure law; makes related provisions.
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A10452 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10452
 
                   IN ASSEMBLY
 
                                      March 6, 2026
                                       ___________
 
        Introduced  by M. of A. RA -- read once and referred to the Committee on
          Codes
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          persistent domestic violence offender registry
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section 577 to
     2  read as follows:
     3    § 577. Persistent domestic violence offender  registry.  1.  There  is
     4  hereby  established  within  the  office  a persistent domestic violence
     5  offender registry.
     6    2. (a) Based upon information supplied to such office from the depart-
     7  ment, the division of state police and local law  enforcement  agencies,
     8  the  office  shall make the registry available for public inquiry on its
     9  website.
    10    (b) The registry shall consist of  the  persistent  domestic  violence
    11  offender's  name,  date of birth, conviction date, county or counties of
    12  convictions, and a current photograph.  If  available  after  reasonable
    13  inquiry,  the  court  clerk  shall provide the office with a copy of the
    14  persistent domestic violence offender's driver's license, or other state
    15  or federal identification, and such other identifying data as the office
    16  determines is necessary to properly  identify  the  persistent  domestic
    17  violence  offender  and  exclude innocent persons. However, the registry
    18  available for public inquiry shall not include the  persistent  domestic
    19  violence  offender's  address,  social security number, driver's license
    20  number, or any other state or federal identification number.
    21    3. (a) If a person is convicted of a family offense committed  against
    22  a  member  of  the  same family as defined in subdivision one of section
    23  530.11 of the criminal procedure law and such person  convicted  has  at
    24  least  one  prior  conviction  for  a family offense committed against a
    25  member of the same family as  defined  in  subdivision  one  of  section
    26  530.11  of  the criminal procedure law, then the court shall, upon proof
    27  of any prior convictions for a family offense committed against a member
    28  of the same family as defined in subdivision one of  section  530.11  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14372-02-6

        A. 10452                            2
 
     1  the  criminal  procedure  law,  order  the  defendant  to  register as a
     2  persistent domestic violence offender under this section.
     3    (b) If a court orders a defendant to register under this section, then
     4  the  court  clerk  shall  forward  to the office a certified copy of the
     5  qualifying conviction and the date of birth of the defendant. The  court
     6  clerk  shall  forward the information to the office within seven days of
     7  the date of the conviction.
     8    4. Notwithstanding any other provision of law, and in addition to  any
     9  other  punishment that may be imposed for a conviction of the offense, a
    10  defendant required to register under this section shall  be  assessed  a
    11  registration fee in the amount of one hundred fifty dollars, which shall
    12  be paid to the clerk of the court imposing the sentence, who shall:
    13    (a)  Retain  fifty  dollars  of the fee for the administration of this
    14  part, which must be reserved for the purposes authorized by this part at
    15  the end of each fiscal year; and
    16    (b) Remit one hundred dollars of the fee to the office for the purpose
    17  of administering grants to fund family violence  prevention  and  inter-
    18  vention  services.  Such funding shall not revert to the general fund at
    19  the end of the fiscal year and shall be carried forward for the purposes
    20  authorized by this paragraph.
    21    5. The office shall remove from the registry the name and other  iden-
    22  tifying  information of a persistent domestic violence offender required
    23  to register under this section:
    24    (a) Five years after the date of the  most  recent  conviction  for  a
    25  family  offense committed against a member of the same family as defined
    26  in subdivision one of section 530.11 of the criminal  procedure  law  if
    27  the  defendant  has  one prior conviction for a family offense committed
    28  against a member of the same family as defined  in  subdivision  one  of
    29  section 530.11 of the criminal procedure law;
    30    (b)  Seven  years  after  the date of the most recent conviction for a
    31  family offense committed against a member of the same family as  defined
    32  in  subdivision  one  of section 530.11 of the criminal procedure law if
    33  the defendant has two prior convictions for a family  offense  committed
    34  against  a  member  of  the same family as defined in subdivision one of
    35  section 530.11 of the criminal procedure law;
    36    (c) Ten years after the date of the most recent conviction for a fami-
    37  ly offense committed against a member of the same family as  defined  in
    38  subdivision  one  of section 530.11 of the criminal procedure law if the
    39  defendant has three prior convictions for  a  family  offense  committed
    40  against  a  member  of  the same family as defined in subdivision one of
    41  section 530.11 of the criminal procedure law; and
    42    (d) Twenty years after the date of the most recent  conviction  for  a
    43  family  offense committed against a member of the same family as defined
    44  in subdivision one of section 530.11 of the criminal  procedure  law  if
    45  the  defendant  has  four or more prior convictions for a family offense
    46  committed against a member of the same family as defined in  subdivision
    47  one of section 530.11 of the criminal procedure law.
    48    6.  Other  state  agencies shall provide cooperation and assistance to
    49  the office to assist it in the effective performance of its duties.
    50    7. For the purposes of this section, the following  terms  shall  have
    51  the following meanings:
    52    (a) "Persistent domestic violence offender" means a person who:
    53    (i) Has been convicted in this state of an offense committed against a
    54  domestic violence victim; and
    55    (ii)  Has  at  least  one  prior  conviction  for an offense committed
    56  against a domestic violence victim.

        A. 10452                            3

     1    (b) "Registry" means the persistent domestic violence offender  regis-
     2  try established pursuant to subdivision one of this section.
     3    §  2. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a  law  and  shall  apply  to
     5  offenses committed on or after such date.
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