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S05411 Summary:

Add §240.80, Pen L
Establishes the crime of domestic violence punishable as a class A misdemeanor.
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S05411 Actions:

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S05411 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                      March 3, 2023
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN  ACT to amend the penal law, in relation to establishing the crime of
          domestic violence
          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 section 240.80 to
     2  read as follows:
     3  § 240.80 Domestic violence.
     4    1. A person is guilty of domestic violence when he or  she  commits  a
     5  specified  misdemeanor  defined in subdivision three of this section and
     6  where there was a specified relationship between the defendant  and  the
     7  person  against whom the offense was committed as defined in subdivision
     8  two of this section.
     9    2. A "specified relationship" is one where  (a)  the  defendant  is  a
    10  current  or  former  spouse,  parent  or guardian of the victim; (b) the
    11  defendant is a person with whom the victim shares a child in common; (c)
    12  the defendant is a person who is cohabitating with  or  has  cohabitated
    13  with the victim as a spouse, parent or guardian; or (d) the defendant is
    14  a  person  similarly  situated  to  a  spouse, parent or guardian of the
    15  victim.
    16    3. A "specified misdemeanor" is an offense defined in  section  120.00
    17  (assault  in  the  third degree); section 120.14 (menacing in the second
    18  degree); section 121.11 (criminal  obstruction  of  breathing  or  blood
    19  circulation);  section  130.52  (forcible  touching);  or section 240.30
    20  (aggravated harassment in the second degree) of this part.
    21    Domestic violence is a class A misdemeanor.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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