STATE OF NEW YORK
________________________________________________________________________
8810
2017-2018 Regular Sessions
IN ASSEMBLY
November 29, 2017
___________
Introduced by M. of A. GIGLIO, GRAF -- 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.
LBD13641-03-7
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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:
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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.
