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S08932 Summary:

BILL NOS08932
 
SAME ASNo Same As
 
SPONSORMATTERA
 
COSPNSR
 
MLTSPNSR
 
Add §837-aa, Exec L
 
Establishes a persistent domestic violence offender registry of individuals convicted of multiple domestic violence offenses, which is available for public inquiry.
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S08932 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8932
 
                    IN SENATE
 
                                    January 16, 2026
                                       ___________
 
        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend  the  executive  law,  in  relation  to  establishing  a
          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. Short title. This act shall be known and may  be  cited  as
     2  the "Savanna's Law".
     3    §  2.  The  executive law is amended by adding a new section 837-aa to
     4  read as follows:
     5    § 837-aa. Persistent domestic violence offender registry. 1.  As  used
     6  in this section, the following terms shall have the following meanings:
     7    (a)  "Convicted"  and "conviction" mean a verdict of guilty by a judge
     8  or jury or a plea of guilty and include a plea of nolo contendere and  a
     9  best interest plea accepted by the court.
    10    (b)  "Victim  of domestic violence" has the same meaning as defined in
    11  section four hundred fifty-nine-a of the social services law.
    12    (c) "Persistent domestic violence offender" means a person who:
    13    (i) has been convicted in this state of a domestic  violence  offense;
    14  and
    15    (ii)  has  at  least  one  prior  conviction  for  a domestic violence
    16  offense.
    17    (d)  "Domestic  violence"  means  an  act  which  would  constitute  a
    18  violation  of  the penal law, including, but not limited to acts consti-
    19  tuting disorderly conduct,  harassment,  aggravated  harassment,  sexual
    20  misconduct,   forcible   touching,   sexual  abuse,  stalking,  criminal
    21  mischief,  menacing,   reckless   endangerment,   kidnapping,   assault,
    22  attempted  assault,  attempted murder, criminal obstruction of breathing
    23  or blood circulation, strangulation, identity theft,  grand  larceny  or
    24  coercion,  which  have been committed by a family or household member of
    25  the victim.
    26    (e) "Family or household members" mean the following individuals:
    27    (i) persons related by consanguinity or affinity;
    28    (ii) persons legally married to one another;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14459-01-6

        S. 8932                             2
 
     1    (iii) persons formerly married to one another  regardless  of  whether
     2  they still reside in the same household;
     3    (iv)  persons  who  have  a child in common regardless of whether such
     4  persons are married or have lived together at any time;
     5    (v) 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    (vi) persons who are not related by consanguinity or affinity and  who
     9  are  or have been in an intimate relationship regardless of whether such
    10  persons have lived together at any time. Factors that may be  considered
    11  in  determining  whether  a  relationship  is an "intimate relationship"
    12  include, but are not limited to: the nature  or  type  of  relationship,
    13  regardless of whether the relationship is sexual in nature; the frequen-
    14  cy of interaction between the persons; and the duration of the relation-
    15  ship.  Neither a casual acquaintance nor ordinary fraternization between
    16  two  individuals  in  business  or  social  contexts  shall be deemed to
    17  constitute an "intimate relationship"; or
    18    (vii) any other category of individuals  deemed  to  be  a  victim  of
    19  domestic  violence  as  defined  by  the  office  of children and family
    20  services in regulation.
    21    2. (a) There is created within the division a registry  of  persistent
    22  domestic violence offenders.
    23    (b)  The  division shall maintain this registry based upon information
    24  supplied to the division by the court clerks pursuant to paragraphs  (c)
    25  and  (d)  of  this subdivision and information available to the division
    26  from the department of corrections and community supervision  and  state
    27  and local law enforcement agencies. The division shall make the registry
    28  available for public inquiry on the internet.
    29    (c)  The  registry  shall  consist of the persistent domestic violence
    30  offender's name, date of birth, conviction date, county or  counties  of
    31  convictions,  and  a  current  photograph  of  the  persistent  domestic
    32  violence offender. If available  after  reasonable  inquiry,  the  court
    33  clerk  shall provide the division with a copy of the persistent domestic
    34  violence offender's driver license, or other state or federal  identifi-
    35  cation,  and  such  other identifying data as the division determines is
    36  necessary to properly identify the persistent domestic violence offender
    37  and exclude innocent persons. However, the registry available for public
    38  inquiry must not include the  persistent  domestic  violence  offender's
    39  address,  social  security  number,  driver license number, or any other
    40  state or federal identification number.
    41    (d)(i) If a person is convicted of  an  offense  committed  against  a
    42  victim  of  domestic  violence and the person convicted has at least one
    43  prior conviction for an offense committed against a victim  of  domestic
    44  violence,  then  the  court  shall,  upon proof of any prior convictions
    45  committed against a victim of domestic violence, order the defendant  to
    46  register as a persistent domestic violence offender under this section.
    47    (ii)  If  a  court  orders a defendant to register under this section,
    48  then the court clerk shall forward to the division a certified  copy  of
    49  the  qualifying  conviction  and the date of birth of the defendant. The
    50  court clerk shall forward the information to the division  within  seven
    51  days of the date of the conviction.
    52    (e)  In  addition  to  any  other punishment that may be imposed for a
    53  conviction of the offense, a defendant required to register  under  this
    54  section  shall  be  assessed  a  registration  fee  in the amount of one
    55  hundred fifty dollars, which shall be paid to the  clerk  of  the  court
    56  imposing the sentence, who shall:

        S. 8932                             3
 
     1    (i)  Retain  fifty  dollars  of the fee for the administration of this
     2  section, which shall be reserved for the  purposes  authorized  by  this
     3  section at the end of each fiscal year; and
     4    (ii)  Remit  one  hundred  dollars of the fee to the domestic violence
     5  awareness fund established pursuant to section ninety-seven-yyy  of  the
     6  state  finance  law,  as added by chapter six hundred thirty-four of the
     7  laws of two thousand two.
     8    (f) The division shall remove from the registry  the  name  and  other
     9  identifying  information  of  a  persistent  domestic  violence offender
    10  required to register under this section:
    11    (i) Five years after the date of the most  recent  conviction  for  an
    12  offense  committed  against a domestic abuse victim if the defendant has
    13  one prior conviction for an offense committed against a victim of domes-
    14  tic violence;
    15    (ii) Seven years after the date of the most recent conviction  for  an
    16  offense  committed  against a domestic abuse victim if the defendant has
    17  two prior convictions for an  offense  committed  against  a  victim  of
    18  domestic violence;
    19    (iii)  Ten  years  after the date of the most recent conviction for an
    20  offense committed against a domestic abuse victim if the  defendant  has
    21  three  prior  convictions  for  an offense committed against a victim of
    22  domestic violence; and
    23    (iv) Twenty years after the date of the most recent conviction for  an
    24  offense  committed  against a domestic abuse victim if the defendant has
    25  four or more prior convictions for an offense committed against a victim
    26  of domestic violence.
    27    (g) This section applies only  to  persons  convicted  of  a  domestic
    28  violence  offense  that occurred on or after January first, two thousand
    29  twenty-seven;  provided,  however,  that  a  prior  conviction  for  the
    30  purposes of this section may have occurred before such date.
    31    § 3. This act shall take effect January 1, 2027.
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