Provides that the commission of certain specified crimes which are committed against a member of the same family or household shall be punishable as domestic violence crimes and carry enhanced penalties.
STATE OF NEW YORK
________________________________________________________________________
5798
2019-2020 Regular Sessions
IN ASSEMBLY
February 19, 2019
___________
Introduced by M. of A. GIGLIO, BARCLAY, HAWLEY, PALMESANO, FINCH, KOLB,
GOODELL, MIKULIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to domestic violence crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new article 264 to
2 read as follows:
3 ARTICLE 264
4 DOMESTIC VIOLENCE CRIMES
5 Section 264.00 Domestic violence crimes.
6 264.05 Sentencing.
7 § 264.00 Domestic violence crimes.
8 1. A person commits a domestic violence crime when he or she inten-
9 tionally commits or intends to commit a specified offense against a
10 member of the same family or household.
11 2. A "specified offense" is an offense defined by any of the following
12 provisions of this chapter: section 120.00 (assault in the third
13 degree); section 120.05 (assault in the second degree); section 120.10
14 (assault in the first degree); section 120.13 (menacing in the first
15 degree); section 120.14 (menacing in the second degree); section 120.15
16 (menacing in the third degree); section 120.20 (reckless endangerment in
17 the second degree); section 120.25 (reckless endangerment in the first
18 degree); section 120.45 (stalking in the fourth degree); section 120.50
19 (stalking in the third degree); section 120.55 (stalking in the second
20 degree); section 120.60 (stalking in the first degree); section 121.11
21 (criminal obstruction of breathing or blood circulation); section 121.12
22 (strangulation in the second degree); section 121.13 (strangulation in
23 the first degree); subdivision one of section 125.15 (manslaughter in
24 the second degree); subdivision one, two or four of section 125.20
25 (manslaughter in the first degree); section 125.25 (murder in the second
26 degree); section 130.20 (sexual misconduct); section 130.30 (rape in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06945-01-9
A. 5798 2
1 second degree); section 130.35 (rape in the first degree); section
2 130.40 (criminal sexual act in the third degree); section 130.45 (crimi-
3 nal sexual act in the second degree); section 130.50 (criminal sexual
4 act in the first degree); section 130.52 (forcible touching); section
5 130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the
6 third degree); section 130.60 (sexual abuse in the second degree);
7 section 130.65 (sexual abuse in the first degree); section 130.66
8 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
9 vated sexual abuse in the second degree); section 130.70 (aggravated
10 sexual abuse in the first degree); section 130.91 (sexually motivated
11 felony); section 130.95 (predatory sexual assault); section 130.96
12 (predatory sexual assault against a child); section 135.05 (unlawful
13 imprisonment in the second degree); section 135.10 (unlawful imprison-
14 ment in the first degree); section 135.60 (coercion in the third
15 degree); section 135.61 (coercion in the second degree); section 135.65
16 (coercion in the first degree); section 140.20 (burglary in the third
17 degree); section 140.25 (burglary in the second degree); section 140.30
18 (burglary in the first degree); section 145.00 (criminal mischief in the
19 fourth degree); section 145.05 (criminal mischief in the third degree);
20 section 145.10 (criminal mischief in the second degree); section 145.12
21 (criminal mischief in the first degree); section 145.14 (criminal
22 tampering in the third degree); section 215.50 (criminal contempt in the
23 second degree); section 215.51 (criminal contempt in the first degree);
24 section 215.52 (aggravated criminal contempt); section 240.20 (disorder-
25 ly conduct); section 240.25 (harassment in the first degree); section
26 240.26 (harassment in the second degree); subdivision one, two or four
27 of section 240.30 (aggravated harassment in the second degree); aggra-
28 vated family offense as defined in section 240.75 or any attempt or
29 conspiracy to commit any of the foregoing offenses where the defendant
30 and the person against whom the offense was committed were members of
31 the same family or household as defined in subdivision three of this
32 section.
33 3. For purposes of this section, a member of the same family or house-
34 hold shall mean the following individuals:
35 (a) persons related by consanguinity or affinity;
36 (b) persons legally married to one another;
37 (c) persons formerly married to one another regardless of whether they
38 still reside in the same household;
39 (d) persons who have a child in common regardless of whether such
40 persons are married or have lived together at any time; or
41 (e) unrelated persons who are continually or at regular intervals
42 living in the same household or who have in the past continually or at
43 regular intervals lived in the same household.
44 § 264.05 Sentencing.
45 1. When a person is convicted of a domestic violence crime pursuant to
46 this article, and the specified offense is a violent felony offense, as
47 defined in section 70.02 of this chapter, the domestic violence crime
48 shall be deemed a violent felony offense.
49 2. When a person is convicted of a domestic violence crime pursuant to
50 this article and the specified offense is a misdemeanor or a class C, D
51 or E felony, the domestic violence crime shall be deemed to be one cate-
52 gory higher than the specified offense the defendant committed, or one
53 category higher than the offense level applicable to the defendant's
54 conviction for an attempt or conspiracy to commit a specified offense,
55 whichever is applicable.
A. 5798 3
1 3. When a person is convicted of a domestic violence crime pursuant to
2 this article and the specified offense is a violation, the domestic
3 violence crime shall be deemed an unclassified misdemeanor and the term
4 of the definite sentence shall not exceed sixty days.
5 4. Notwithstanding any other provision of law, when a person is
6 convicted of a domestic violence crime pursuant to this article and the
7 specified offense is a class B felony:
8 (a) the maximum term of the indeterminate sentence must be at least
9 six years if the defendant is sentenced pursuant to section 70.00 of
10 this chapter;
11 (b) the term of the determinate sentence must be at least eight years
12 if the defendant is sentenced pursuant to section 70.02 of this chapter;
13 (c) the term of the determinate sentence must be at least twelve years
14 if the defendant is sentenced pursuant to section 70.04 of this chapter;
15 (d) the maximum term of the indeterminate sentence must be at least
16 four years if the defendant is sentenced pursuant to section 70.05 of
17 this chapter; and
18 (e) the maximum term of the indeterminate sentence or the term of the
19 determinate sentence must be at least ten years if the defendant is
20 sentenced pursuant to section 70.06 of this chapter.
21 5. Notwithstanding any other provision of law, when a person is
22 convicted of a domestic violence crime pursuant to this article and the
23 specified offense is a class A-1 felony, the minimum period of the inde-
24 terminate sentence shall be not less than twenty years.
25 6. In addition to any of the dispositions authorized by this chapter,
26 the court may require as part of the sentence imposed upon a person
27 convicted of a domestic violence crime pursuant to this article, that
28 the defendant complete a program, training session or counseling session
29 directed at domestic violence crime prevention and education, where the
30 court determines such program, training session or counseling session is
31 appropriate, available and was developed or authorized by the court or
32 local agencies in cooperation with organizations serving the affected
33 community.
34 § 2. This act shall take effect on the ninetieth day after it shall
35 have become a law.
