Weinstein, Miller M, Rivera P, Jacobs, Castro, Jaffee
MLTSPNSR
Amd S265.00, Pen L
Enacts the domestic violence escalation prevention act including certain offenses against members of the same family or household within the definition of serious offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4488A REVISED 6/1/11
SPONSOR: Lancman TITLE OF BILL: An act to amend the penal law, in relation to enacting
the "domestic violence escalation prevention act"
PURPOSE: This bill would improve public safety and prevent domestic
violence incidents from escalating into even greater violence by keeping
guns out of the hands of domestic violence perpetrators.
SUMMARY OF PROVISIONS: Section 1 titles the bill the "domestic
violence escalation prevention act". Section 2 amends subdivision 17 of
section 265.00 of the Penal Law by adding a new paragraph c to include a
crime set forth in subdivision 1 of section 530.11 of the criminal
procedure law, where the victim of such offense was a family or house-
hold member as defined in that section. Section 3 provides for the act
to take effect immediately.
JUSTIFICATION: A firearm in the hands of any criminal is a threat, and
this is especially true if it is in the hands of a domestic abuser.
Fifty-four percent of female homicides are committed with a firearm and
two thirds of all women killed with firearms are killed by their male
partners. By prohibiting domestic violence perpetrators from lawfully
possessing a firearm, this legislation will protect women and limit the
number of domestic violence incidences which escalate to fetal conse-
quences through the use of a gun.
LEGISLATIVE HISTORY: A7575 (2010).
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK
________________________________________________________________________
4488--A
Cal. No. 116
2011-2012 Regular Sessions
IN ASSEMBLY
February 3, 2011
___________
Introduced by M. of A. LANCMAN, WEINSTEIN, M. MILLER, P. RIVERA -- read
once and referred to the Committee on Codes -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the penal law, in relation to enacting the "domestic
violence escalation prevention act"
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 "domestic violence escalation prevention act".
3 § 2. Subdivision 17 of section 265.00 of the penal law is amended by
4 adding a new paragraph (c) to read as follows:
5 (c) a crime set forth in subdivision one of section 530.11 of the
6 criminal procedure law, where the victim and the defendant were "members
7 of the same family or household" as defined in that section.
8 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02133-04-1
