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A00698 Summary:

BILL NOA00698D
 
SAME ASSAME AS S04244-C
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Lancman, Peoples-Stokes, Boyland, Dinowitz, Gabryszak, Hooper, Jaffee, Kellner, Millman, Schimel, McDonough, Rivera P, Rosenthal, Molinaro, Englebright, Lavine, Rivera N
 
MLTSPNSRBarron, Camara, Crouch, Glick, Gottfried, Markey, Ra, Titone
 
Add SS370.15 & 380.97, CP L
 
Relates to certain notices and stipulations in certain domestic violence actions and proceedings.
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A00698 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         698--D
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND,
          DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN,  SCHIMEL,
          McDONOUGH,  P. RIVERA,  ROSENTHAL,  MOLINARO,  ENGLEBRIGHT,  LAVINE --
          Multi-Sponsored by -- M. of A. BARRON, CAMARA,  CROUCH,  GLICK,  GOTT-

          FRIED,  MARKEY,  TITONE  -- read once and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted  to  said  committee  --  again  reported from said committee with
          amendments, ordered reprinted  as  amended  and  recommitted  to  said
          committee  -- reported and referred to the Committee on Rules -- Rules
          Committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to the Committee on Rules
 
        AN  ACT  to  amend  the  criminal  procedure law, in relation to certain
          domestic violence offenses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.    The  criminal  procedure law is amended by adding a new
     2  section 370.15 to read as follows:
     3  § 370.15 Procedure for determining whether  certain  misdemeanor  crimes
     4             are crimes of domestic violence for purposes of federal law.
     5    1. When a defendant has been charged with assault or attempted assault
     6  in  the  third  degree  as  defined in sections 120.00 and 110.00 of the
     7  penal law, menacing or  attempted  menacing  in  the  second  degree  as
     8  defined  in  sections  120.14  and  110.00  of  the  penal law, criminal
     9  obstruction of breathing or  blood  circulation  or  attempted  criminal
    10  obstruction  of  breathing  or  blood circulation as defined in sections
    11  121.11 and 110.00 of the penal law, or forcible  touching  or  attempted

    12  forcible  touching as defined in sections 130.52 and 110.00 of the penal
    13  law, the people may, at arraignment or no  later  than  forty-five  days
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02538-12-1

        A. 698--D                           2
 
     1  after  arraignment,  for  the purpose of notification to the division of
     2  criminal justice services pursuant to section 380.97 of this part, serve
     3  on the defendant and file with the court  a  notice  alleging  that  the
     4  defendant  is  related  or  situated  to  the victim of the crime in the
     5  manner specified in 18 U.S.C.  921(a)(33)(A)(ii).

     6    2. Such notice shall include the name of the person alleged to be  the
     7  victim  of  such  crime  and  shall  specify  the  nature of the alleged
     8  relationship as set  forth  in  18  U.S.C.    921(a)(33)(A)(ii).    Upon
     9  conviction of such offense, the court shall advise the defendant that he
    10  or  she  is  entitled  to  a  hearing on the allegation contained in the
    11  notice and, if necessary, an adjournment of the sentencing proceeding in
    12  order to prepare for such  hearing,  and  that  if  such  allegation  is
    13  sustained,  that  determination  and  conviction will be reported to the
    14  division of criminal justice services.
    15    3. After having been advised by the court as provided  in  subdivision

    16  two of this section, the defendant may stipulate or admit, orally on the
    17  record  or  in  writing,  that  he  or she is related or situated to the
    18  victim of such crime in the manner described in subdivision one of  this
    19  section. In such case, such relationship shall be deemed established for
    20  purposes of section 380.97 of this part. If the defendant denies that he
    21  or  she  is related or situated to the victim of the crime as alleged in
    22  the notice served by the people, or stands mute  with  respect  to  such
    23  allegation,  then  the  people  shall  bear the burden to prove beyond a
    24  reasonable doubt that the defendant is related or situated to the victim
    25  in the manner alleged in the notice.   The court may  consider  reliable

    26  hearsay  evidence submitted by either party provided that it is relevant
    27  to the determination of the allegation. Facts previously proven at trial
    28  or elicited at the time of entry of a plea of  guilty  shall  be  deemed
    29  established  beyond a reasonable doubt and shall not be relitigated.  At
    30  the conclusion of the hearing, or upon such a stipulation or  admission,
    31  as  applicable,  the  court  shall make a specific written determination
    32  with respect to such allegation.
    33    § 2. The criminal procedure law is amended by  adding  a  new  section
    34  380.97 to read as follows:
    35  § 380.97 Notification to division of criminal justice services of deter-
    36             minations in certain misdemeanor cases.

    37    Upon  judgment  of  conviction  of assault or attempted assault in the
    38  third degree, as defined in sections 120.00 and 110.00 of the penal law,
    39  menacing or attempted menacing in  the  second  degree,  as  defined  in
    40  section  120.14  and  110.00  of  the penal law, criminal obstruction of
    41  breathing or blood circulation  or  attempted  criminal  obstruction  of
    42  breathing or blood circulation, as defined in sections 121.11 and 110.00
    43  of  the  penal law, forcible touching or attempted forcible touching, as
    44  defined in sections 130.52 and 110.00 of the penal law, when the defend-
    45  ant has been determined, pursuant to section 370.15 of this part, to  be
    46  related or situated to the victim of the offense in the manner specified

    47  in  18  U.S.C.  921(a)(33)(A)(ii),  the clerk of the court shall include
    48  notification and a copy of the written determination in a report of such
    49  conviction to the division of criminal justice services  to  enable  the
    50  division  to report such determination to the federal bureau of investi-
    51  gation and assist the bureau  in  identifying  persons  prohibited  from
    52  purchasing  and  possessing  a  firearm pursuant to the provisions of 18
    53  U.S.C. 922.
    54    § 3. This act shall take effect on the one hundred twentieth day after
    55  it shall have become a law and shall apply to  crimes  committed  on  or
    56  after such date.
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