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S08932 Summary:

BILL NOS08932A
 
SAME ASNo Same As
 
SPONSORMATTERA
 
COSPNSRASHBY, BORRELLO, CHAN, GRIFFO, MARTINS, OBERACKER, PALUMBO, RHOADS, STEC, TEDISCO, WEBER, WEIK
 
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--A
 
                    IN SENATE
 
                                    January 16, 2026
                                       ___________
 
        Introduced  by  Sens.  MATTERA,  ASHBY, BORRELLO, CHAN, GRIFFO, MARTINS,
          OBERACKER, PALUMBO, RHOADS, STEC, TEDISCO, WEBER, WEIK --  read  twice
          and ordered printed, and when printed to be committed to the Committee
          on  Codes  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14459-02-6

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

        S. 8932--A                          3

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