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A09538 Summary:

BILL NOA09538
 
SAME ASNo Same As
 
SPONSORBeephan
 
COSPNSR
 
MLTSPNSR
 
Add §837-f-3, Exec L
 
Establishes a publicly accessible online registry for individuals convicted of a second or subsequent domestic violence offense.
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A09538 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9538
 
                   IN ASSEMBLY
 
                                    January 14, 2026
                                       ___________
 
        Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend executive law, in relation to  establishing  a  publicly
          accessible  online  registry  for individuals convicted of a second or
          subsequent domestic violence offense
 
          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
     2  837-f-3 to read as follows:
     3    § 837-f-3. Domestic violence registry. 1. As used in this section:
     4    (a) "Abuse" means:
     5    (i) inflicting, or attempting to inflict, physical injury on an  adult
     6  or minor by other than accidental means;
     7    (ii)  placing  an  adult  or minor in fear of, or in, physical harm or
     8  physical restraint;
     9    (iii) causing malicious damage to the personal property of the  abused
    10  party or to an animal belonging to or in the charge of the abused party;
    11    (iv)  stalking an adult or minor as defined in section 120.45, 120.50,
    12  120.55 or 120.60 of the penal law; or
    13    (v) intentionally engaging  in  behavior  that  amounts  to  financial
    14  abuse.
    15    (b) "Adult" means any person eighteen years of age or older, or who is
    16  otherwise emancipated.
    17    (c)  "Domestic  abuse"  means  committing  abuse  against a victim, as
    18  defined in paragraph (d) of this subdivision.
    19    (d) "Domestic abuse victim" means any  person  who  falls  within  the
    20  following categories:
    21    (i) adults or minors who are current or former spouses;
    22    (ii) adults or minors who live together or who have lived together;
    23    (iii) adults or minors who are dating or who have dated or who have or
    24  had  a  sexual relationship. As used herein, "dating" and "dated" do not
    25  include fraternization between two individuals in a business  or  social
    26  context;
    27    (iv) adults or minors related by blood or adoption;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14325-01-5

        A. 9538                             2
 
     1    (v)  adults  or  minors  who  are  related or were formerly related by
     2  marriage; and/or
     3    (vi)  adult  or  minor  children of a person in a relationship that is
     4  described in subparagraph (i), (ii), (iii), (iv) or (v)  of  this  para-
     5  graph.
     6    (e)  "Financial abuse" means behavior that is coercive, that is decep-
     7  tive, or that unreasonably controls or restrains a person's  ability  to
     8  acquire,  use,  or  maintain  economic  resources to which the person is
     9  entitled, including using coercion, fraud, or manipulation to:
    10    (i) restrict a person's access to money, assets, credit, or  financial
    11  information;
    12    (ii)  unfairly  use  a  person's  economic resources, including money,
    13  assets, and credit, to gain an advantage; or
    14    (iii) exert undue influence over  a  person's  financial  behavior  or
    15  decisions,  including  forcing default on joint or other financial obli-
    16  gations; exploiting powers of attorney,  guardianship,  or  conservator-
    17  ship; or failing or neglecting to act in the best interest of the person
    18  to whom a fiduciary duty is owed.
    19    (f) "Persistent domestic violence offender" means a person who:
    20    (i) has been convicted in this state of an offense committed against a
    21  domestic abuse victim; and
    22    (ii)  has  at  least  one  prior  conviction  for an offense committed
    23  against a domestic abuse victim, within this state or in another state.
    24    2. There is created within  the  division  a  registry  of  persistent
    25  domestic  violence  offenders. The division shall maintain this registry
    26  based upon information supplied to the  division  by  the  court  clerks
    27  pursuant  to subdivisions three and four of this section and information
    28  available to the division from the department of correction and communi-
    29  ty supervision and from local law  enforcement  agencies.  The  division
    30  shall make the registry available for public inquiry on the internet.
    31    3.  The  registry  shall  consist  of the persistent domestic violence
    32  offender's name, date of birth, conviction date, county or  counties  of
    33  convictions,  and  a  current  photograph  of  the  persistent  domestic
    34  violence offender. If available  after  reasonable  inquiry,  the  court
    35  clerk  shall provide the division with a copy of the persistent domestic
    36  violence offender's driver license, or other state or federal  identifi-
    37  cation,  and  such  other identifying data as the division determines is
    38  necessary to properly identify the persistent domestic violence offender
    39  and exclude innocent persons. However, the registry available for public
    40  inquiry must not include the  persistent  domestic  violence  offender's
    41  address,  social  security  number,  driver license number, or any other
    42  state or federal identification number.
    43    4. (a) If a person is convicted of  an  offense  committed  against  a
    44  domestic  abuse  victim  and the person convicted has at least one prior
    45  conviction for an offense committed against  a  domestic  abuse  victim,
    46  then  the  court  shall,  upon  proof of any prior convictions committed
    47  against a domestic abuse victim, order the defendant to  register  as  a
    48  persistent domestic violence offender under this part.
    49    (b)  If  a  court orders a defendant to register under this part, then
    50  the court clerk shall forward to the division a certified  copy  of  the
    51  qualifying  conviction and the date of birth of the defendant. The court
    52  clerk shall forward the information to the division within seven days of
    53  the date of the conviction.
    54    5. In addition to any other punishment  that  may  be  imposed  for  a
    55  conviction  of  the offense, a defendant required to register under this
    56  part must be assessed a registration fee in the amount  of  one  hundred

        A. 9538                             3
 
     1  fifty dollars, which must be paid to the clerk of the court imposing the
     2  sentence, who shall:
     3    (a)  retain  fifty  dollars  of the fee for the administration of this
     4  part, which must be reserved for the purposes authorized by this section
     5  at the end of each fiscal year; and
     6    (b) remit one hundred dollars of the  fee  to  the  division  for  the
     7  administration  of this section, which must be reserved for the purposes
     8  authorized by this part at the end of each fiscal year.
     9    6. The division shall remove from the  registry  the  name  and  other
    10  identifying  information  of  a  persistent  domestic  violence offender
    11  required to register under this section:
    12    (a) two years after the date of the  most  recent  conviction  for  an
    13  offense  committed  against a domestic abuse victim if the defendant has
    14  one prior conviction for an offense committed against a  domestic  abuse
    15  victim;
    16    (b)  five  years  after  the date of the most recent conviction for an
    17  offense committed against a domestic abuse victim if the  defendant  has
    18  two  prior convictions for an offense committed against a domestic abuse
    19  victim; and
    20    (c) ten years after the date of the  most  recent  conviction  for  an
    21  offense  committed  against a domestic abuse victim if the defendant has
    22  three or more prior convictions  for  an  offense  committed  against  a
    23  domestic abuse victim.
    24    § 2. This act shall take effect on January 1, 2027, and shall apply to
    25  persons  convicted  of  an  offense  committed  against a domestic abuse
    26  victim that occurred on or after January  1,  2027;  provided,  however,
    27  that  a prior conviction is not required to occur on or after January 1,
    28  2027.
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