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A08305 Summary:

BILL NOA08305
 
SAME ASNo Same As
 
SPONSORGiglio JM
 
COSPNSR
 
MLTSPNSR
 
Add Art 261 261.00 & 261.05, amd 70.25, Pen L
 
Creates an automatic class E felony on the first offense for committing an act of domestic violence in the presence of children.
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A08305 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8305
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to acts of domestic  violence
          committed in the presence of children
 
          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  261  to
     2  read as follows:
     3                                 ARTICLE 261
     4        OFFENSES RELATING TO A MEMBER OF THE SAME FAMILY OR HOUSEHOLD
     5  Section 261.00 Specified offenses against a member of the same family or
     6                   household.
     7          261.05 Sentencing.
     8  § 261.00 Specified  offenses  against  a  member  of  the same family or
     9             household.
    10    1. A person commits a domestic violence crime when he  or  she  inten-
    11  tionally  commits  or  intends  to  commit a specified offense against a
    12  member of the same family or household.
    13    2. A "specified offense" is an offense defined by any of the following
    14  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    15  degree);  section  120.05 (assault in the second degree); section 120.10
    16  (assault in the first degree); section 120.13  (menacing  in  the  first
    17  degree);  section 120.14 (menacing in the second degree); section 120.15
    18  (menacing in the third degree); section 120.20 (reckless endangerment in
    19  the second degree); section 120.25 (reckless endangerment in  the  first
    20  degree);  section 120.45 (stalking in the fourth degree); section 120.50
    21  (stalking in the third degree); section 120.55 (stalking in  the  second
    22  degree);  section  120.60 (stalking in the first degree); section 121.11
    23  (criminal obstruction of breathing or blood circulation); section 121.12
    24  (strangulation in the second degree); section 121.13  (strangulation  in
    25  the  first  degree);  subdivision one of section 125.15 (manslaughter in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13277-01-1

        A. 8305                             2
 
     1  the second degree); subdivision one,  two  or  four  of  section  125.20
     2  (manslaughter in the first degree); section 125.25 (murder in the second
     3  degree); section 130.20 (sexual misconduct); section 130.30 (rape in the
     4  second  degree);  section  130.35  (rape  in  the first degree); section
     5  130.40 (criminal sexual act in the third degree); section 130.45 (crimi-
     6  nal sexual act in the second degree); section  130.50  (criminal  sexual
     7  act  in  the  first degree); section 130.52 (forcible touching); section
     8  130.53 (persistent sexual abuse); section 130.55 (sexual  abuse  in  the
     9  third  degree);  section  130.60  (sexual  abuse  in the second degree);
    10  section 130.65 (sexual  abuse  in  the  first  degree);  section  130.66
    11  (aggravated  sexual  abuse  in the third degree); section 130.67 (aggra-
    12  vated sexual abuse in the second  degree);  section  130.70  (aggravated
    13  sexual  abuse  in  the first degree); section 130.91 (sexually motivated
    14  felony); section  130.95  (predatory  sexual  assault);  section  130.96
    15  (predatory  sexual  assault  against  a child); section 135.05 (unlawful
    16  imprisonment in the second degree); section 135.10  (unlawful  imprison-
    17  ment  in  the  first  degree);  section  135.60  (coercion in the second
    18  degree); section 135.65 (coercion in the first degree);  section  140.20
    19  (burglary  in  the third degree); section 140.25 (burglary in the second
    20  degree); section 140.30 (burglary in the first degree);  section  145.00
    21  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    22  mischief in the third degree); section 145.10 (criminal mischief in  the
    23  second  degree); section 145.12 (criminal mischief in the first degree);
    24  section 145.14 (criminal tampering in the third degree); section  215.50
    25  (criminal  contempt  in  the  second  degree);  section 215.51 (criminal
    26  contempt in the  first  degree);  section  215.52  (aggravated  criminal
    27  contempt);  section 240.20 (disorderly conduct); section 240.25 (harass-
    28  ment in the first degree); section  240.26  (harassment  in  the  second
    29  degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
    30  harassment in the second degree); aggravated family offense  as  defined
    31  in  this section or any attempt or conspiracy to commit any of the fore-
    32  going offenses where the defendant  and  the  person  against  whom  the
    33  offense  was  committed  were members of the same family or household as
    34  defined in subdivision one of section 530.11 of the  criminal  procedure
    35  law.
    36    3. For purposes of this section, a member of the same family or house-
    37  hold shall mean the following individuals:
    38    (a) persons related by consanguinity or affinity;
    39    (b) persons legally married to one another;
    40    (c) persons formerly married to one another regardless of whether they
    41  still reside in the same household;
    42    (d)  persons  who  have  a  child in common regardless of whether such
    43  persons are married or have lived together at any time; or
    44    (e) unrelated persons who are  continually  or  at  regular  intervals
    45  living  in  the same household or who have in the past continually or at
    46  regular intervals lived in the same household.
    47  § 261.05 Sentencing.
    48    A person who is found guilty of a domestic violence  offense  pursuant
    49  to  this  article, and the specified offense occurs in the presence of a
    50  child aged fifteen years or less, shall be guilty of a class  E  felony.
    51  Any  sentence  imposed pursuant to a conviction under this section is to
    52  be served  consecutive  to  any  sentence  imposed  for  the  underlying
    53  offense.
    54    §  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
    55  chapter 56 of the laws of 1984, is amended to read as follows:

        A. 8305                             3
 
     1    2. When more than one sentence of imprisonment is imposed on a  person
     2  for  two or more offenses committed through a single act or omission, or
     3  through an act or omission  which  in  itself  constituted  one  of  the
     4  offenses  and  also  was a material element of the other, the sentences,
     5  except  if  one  or more of such sentences is for a violation of section
     6  270.20 of this chapter, must run concurrently.  Provided, however,  that
     7  if  one  or more of such sentences is for a conviction under article two
     8  hundred sixty-one of this chapter, the sentence may run consecutively.
     9    § 3. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.
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