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S01902 Summary:

BILL NOS01902
 
SAME ASNo Same As
 
SPONSORFUNKE
 
COSPNSR
 
MLTSPNSR
 
Amd Pen L, generally; rpld & add 370.15 sub 1, 380.97, CP L
 
Increases the penalty for assault in the third degree, aggravated assault upon a person less than eleven years old, menacing in the first degree, menacing in the second degree, menacing in the third degree, criminal obstruction of breathing or blood circulation, unlawful imprisonment in the second degree, unlawful imprisonment in the first degree, coercion in the third degree, coercion in the second degree, coercion in the first degree, criminal trespass in the first degree, criminal tampering in the second degree, arson in the fourth degree, criminal contempt in the second degree, criminal contempt in the first degree, harassment in the first degree, aggravated harassment in the second degree, and aggravated harassment in the first degree.
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S01902 Actions:

BILL NOS01902
 
01/17/2019REFERRED TO CODES
01/08/2020REFERRED TO CODES
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S01902 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1902
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to increasing the penalties of various crimes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 120.00 of the penal  law  is  amended  to  read  as
     2  follows:
     3  § 120.00 Assault in the third degree.
     4    A person is guilty of assault in the third degree when:
     5    1.  With  intent to cause physical injury to another person, he causes
     6  such injury to such person or to a third person; or
     7    2. He recklessly causes physical injury to another person; or
     8    3. With criminal negligence, he  causes  physical  injury  to  another
     9  person by means of a deadly weapon or a dangerous instrument.
    10    Assault in the third degree is a class [A misdemeanor] E felony.
    11    § 2. Section 120.12 of the penal law, as amended by chapter 172 of the
    12  laws of 2013, is amended to read as follows:
    13  § 120.12 Aggravated assault upon a person less than eleven years old.
    14    A person is guilty of aggravated assault upon a person less than elev-
    15  en years old when being eighteen years old or more the defendant commits
    16  the crime of assault in the third degree as defined in section 120.00 of
    17  this  article  upon  a  person  less  than eleven years old and has been
    18  previously convicted of such crime upon a person less than eleven  years
    19  old within the preceding ten years.
    20    Aggravated assault upon a person less than eleven years old is a class
    21  [E] D felony.
    22    § 3. Section 120.13 of the penal law, as amended by chapter 765 of the
    23  laws of 2005, is amended to read as follows:
    24  § 120.13 Menacing in the first degree.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07309-01-9

        S. 1902                             2
 
     1    A  person  is  guilty  of  menacing in the first degree when he or she
     2  commits the crime of menacing in the second degree and has  been  previ-
     3  ously  convicted  of  the  crime of menacing in the second degree or the
     4  crime of menacing a police officer or peace officer within the preceding
     5  ten years.
     6    Menacing in the first degree is a class [E] D felony.
     7    § 4. Section 120.14 of the penal law, as amended by chapter 222 of the
     8  laws  of 1994 and subdivision 3 as amended by chapter 597 of the laws of
     9  1998, is amended to read as follows:
    10  § 120.14 Menacing in the second degree.
    11    A person is guilty of menacing in the second degree when:
    12    1. He or she intentionally places or attempts to place another  person
    13  in  reasonable fear of physical injury, serious physical injury or death
    14  by displaying a deadly weapon, dangerous instrument or what  appears  to
    15  be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
    16    2.  He  or  she  repeatedly follows a person or engages in a course of
    17  conduct or repeatedly commits acts over a period of  time  intentionally
    18  placing  or  attempting  to  place  another person in reasonable fear of
    19  physical injury, serious physical injury or death; or
    20    3. He or she commits the crime of menacing  in  the  third  degree  in
    21  violation  of  that  part  of a duly served order of protection, or such
    22  order which the defendant has actual knowledge of because he or she  was
    23  present  in  court when such order was issued, pursuant to article eight
    24  of the family court act, section 530.12 of the criminal  procedure  law,
    25  or an order of protection issued by a court of competent jurisdiction in
    26  another  state,  territorial  or tribal jurisdiction, which directed the
    27  respondent or defendant to stay away from the person or persons on whose
    28  behalf the order was issued.
    29    Menacing in the second degree is a class [A misdemeanor] E felony.
    30    § 5. Section 120.15 of the penal law, as amended by chapter 345 of the
    31  laws of 1992, is amended to read as follows:
    32  § 120.15 Menacing in the third degree.
    33    A person is guilty of menacing in the third degree when,  by  physical
    34  menace,  he  or  she  intentionally  places or attempts to place another
    35  person in fear of death, imminent serious physical  injury  or  physical
    36  injury.
    37    Menacing in the third degree is a class [B] A misdemeanor.
    38    §  6.  Section 121.11 of the penal law, as added by chapter 405 of the
    39  laws of 2010, is amended to read as follows:
    40  § 121.11 Criminal obstruction of breathing or blood circulation.
    41    A person is guilty of  criminal  obstruction  of  breathing  or  blood
    42  circulation  when,  with intent to impede the normal breathing or circu-
    43  lation of the blood of another person, he or she:
    44    a. applies pressure on the throat or neck of such person; or
    45    b. blocks the nose or mouth of such person.
    46    Criminal obstruction of breathing or blood circulation is a  class  [A
    47  misdemeanor] E felony.
    48    § 7. Section 135.05 of the penal law is amended to read as follows:
    49  § 135.05 Unlawful imprisonment in the second degree.
    50    A  person is guilty of unlawful imprisonment in the second degree when
    51  he restrains another person.
    52    Unlawful imprisonment in the second degree is a class [A  misdemeanor]
    53  E felony.
    54    § 8. Section 135.10 of the penal law is amended to read as follows:
    55  § 135.10 Unlawful imprisonment in the first degree.

        S. 1902                             3
 
     1    A  person  is guilty of unlawful imprisonment in the first degree when
     2  he restrains another person under circumstances which expose the  latter
     3  to a risk of serious physical injury.
     4    Unlawful imprisonment in the first degree is a class [E] D felony.
     5    §  9. Section 135.60 of the penal law, as amended by section 1 of part
     6  NN of chapter 55 of the laws of 2018, is amended to read as follows:
     7  § 135.60 Coercion in the third degree.
     8    A person is guilty of coercion in the third  degree  when  he  or  she
     9  compels  or induces a person to engage in conduct which the latter has a
    10  legal right to abstain from engaging in, or to abstain from engaging  in
    11  conduct  in  which  he or she has a legal right to engage, or compels or
    12  induces a person to join a group, organization  or  criminal  enterprise
    13  which  such  latter person has a right to abstain from joining, by means
    14  of instilling in him or her a fear that, if the demand is  not  complied
    15  with, the actor or another will:
    16    1. Cause physical injury to a person; or
    17    2. Cause damage to property; or
    18    3. Engage in other conduct constituting a crime; or
    19    4.  Accuse  some  person  of  a  crime or cause criminal charges to be
    20  instituted against him or her; or
    21    5. Expose a secret or publicize an  asserted  fact,  whether  true  or
    22  false,  tending  to subject some person to hatred, contempt or ridicule;
    23  or
    24    6. Cause a strike, boycott or  other  collective  labor  group  action
    25  injurious to some person's business; except that such a threat shall not
    26  be deemed coercive when the act or omission compelled is for the benefit
    27  of the group in whose interest the actor purports to act; or
    28    7. Testify or provide information or withhold testimony or information
    29  with respect to another's legal claim or defense; or
    30    8.  Use or abuse his or her position as a public servant by performing
    31  some act within or related to his or her official duties, or by  failing
    32  or  refusing  to  perform  an official duty, in such manner as to affect
    33  some person adversely; or
    34    9. Perform any other act which would not in itself materially  benefit
    35  the actor but which is calculated to harm another person materially with
    36  respect  to his or her health, safety, business, calling, career, finan-
    37  cial condition, reputation or personal relationships.
    38    Coercion in the third degree is a class [A misdemeanor] E felony.
    39    § 10. Section 135.61 of the penal law, as added by section 2  of  part
    40  NN of chapter 55 of the laws of 2018, is amended to read as follows:
    41  § 135.61 Coercion in the second degree.
    42    A  person  is  guilty  of coercion in the second degree when he or she
    43  commits the crime of coercion in the third degree as defined in  section
    44  135.60 of this article and thereby compels or induces a person to engage
    45  in  sexual  intercourse,  oral  sexual conduct or anal sexual conduct as
    46  such terms are defined in section [130 of the penal law] 130.00 of  this
    47  title.
    48    Coercion in the second degree is a class [E] D felony.
    49    § 11. Section 135.65 of the penal law, as amended by section 3 of part
    50  NN of chapter 55 of the laws of 2018, is amended to read as follows:
    51  § 135.65 Coercion in the first degree.
    52    A  person  is  guilty  of  coercion in the first degree when he or she
    53  commits the crime of coercion in the third degree, and when:
    54    1. He or she commits such crime by instilling in  the  victim  a  fear
    55  that he or she will cause physical injury to a person or cause damage to
    56  property; or

        S. 1902                             4
 
     1    2. He or she thereby compels or induces the victim to:
     2    (a) Commit or attempt to commit a felony; or
     3    (b) Cause or attempt to cause physical injury to a person; or
     4    (c) Violate his or her duty as a public servant.
     5    Coercion in the first degree is a class [D] C felony.
     6    §  12. Section 140.17 of the penal law, as added by chapter 341 of the
     7  laws of 1969, is amended to read as follows:
     8  § [140.17.] 140.17 Criminal trespass in the first degree.
     9    A person is guilty of criminal trespass in the first  degree  when  he
    10  knowingly  enters  or remains unlawfully in a building, and when, in the
    11  course of committing such crime, he:
    12    1.  Possesses,  or  knows  that  another  participant  in  the   crime
    13  possesses, an explosive or a deadly weapon; or
    14    2.  Possesses  a firearm, rifle or shotgun, as those terms are defined
    15  in section 265.00 of this part, and also possesses or has readily acces-
    16  sible a quantity of ammunition which is capable of being discharged from
    17  such firearm, rifle or shotgun; or
    18    3. Knows that another participant in the crime  possesses  a  firearm,
    19  rifle  or  shotgun  under  circumstances described in subdivision two of
    20  this section.
    21    Criminal trespass in the first degree is a class [D] C felony.
    22    § 13. Section 145.15 of the penal law, as amended by  chapter  585  of
    23  the laws of 2006, is amended to read as follows:
    24  § 145.15 Criminal tampering in the second degree.
    25    A  person  is  guilty of criminal tampering in the second degree when,
    26  having no right to do so nor any reasonable ground to  believe  that  he
    27  has such right, he or she tampers or makes connection with property of a
    28  gas,  electric,  sewer,  steam  or water-works corporation, telephone or
    29  telegraph corporation, common carrier, nuclear powered electric generat-
    30  ing facility, or public utility operated by a municipality or  district;
    31  except  that in any prosecution under this section, it is an affirmative
    32  defense that the defendant did not engage in such conduct for  a  larce-
    33  nous or otherwise unlawful or wrongful purpose.
    34    Criminal  tampering  in the second degree is a class [A misdemeanor] E
    35  felony.
    36    § 14. Section 150.05 of the penal law, as amended by  chapter  225  of
    37  the laws of 1979, is amended to read as follows:
    38  § 150.05 Arson in the fourth degree.
    39    1. A person is guilty of arson in the fourth degree when he recklessly
    40  damages  a building or motor vehicle by intentionally starting a fire or
    41  causing an explosion.
    42    2. In any prosecution under this section, it is an affirmative defense
    43  that no person other than the defendant had a possessory or  proprietary
    44  interest in the building or motor vehicle.
    45    Arson in the fourth degree is a class [E] D felony.
    46    §  15.  Section  215.50 of the penal law, as amended by chapter 702 of
    47  the laws of 1972, is amended to read as follows:
    48  § 215.50 Criminal contempt in the second degree.
    49    A person is guilty of criminal contempt in the second degree  when  he
    50  engages in any of the following conduct:
    51    1.  Disorderly,  contemptuous,  or insolent behavior, committed during
    52  the sitting of a court, in its immediate view and presence and  directly
    53  tending to interrupt its proceedings or to impair the respect due to its
    54  authority; or
    55    2.  Breach of the peace, noise, or other disturbance, directly tending
    56  to interrupt a court's proceedings; or

        S. 1902                             5

     1    3. Intentional disobedience or resistance to  the  lawful  process  or
     2  other  mandate  of  a  court except in cases involving or growing out of
     3  labor disputes as defined by subdivision two of  section  seven  hundred
     4  fifty-three-a of the judiciary law; or
     5    4.  Contumacious  and unlawful refusal to be sworn as a witness in any
     6  court proceeding or, after being sworn, to answer any legal  and  proper
     7  interrogatory; or
     8    5.  Knowingly  publishing  a  false  or grossly inaccurate report of a
     9  court's proceedings; or
    10    6. Intentional failure to obey any mandate, process or notice,  issued
    11  pursuant  to articles sixteen, seventeen, eighteen, or eighteen-a of the
    12  judiciary law, or to rules adopted pursuant to any such  statute  or  to
    13  any special statute establishing commissioners of jurors and prescribing
    14  their duties or who refuses to be sworn as provided therein; or
    15    7.  On  or  along  a  public street or sidewalk within a radius of two
    16  hundred feet of any building  established  as  a  courthouse,  he  calls
    17  aloud, shouts, holds or displays placards or signs containing written or
    18  printed  matter,  concerning  the  conduct of a trial being held in such
    19  courthouse or the character of the court or jury engaged in  such  trial
    20  or  calling  for  or  demanding any specified action or determination by
    21  such court or jury in connection with such trial.
    22    Criminal contempt in the second degree is a class  [A  misdemeanor]  E
    23  felony.
    24    §  16.  Section  215.51 of the penal law, as amended by chapter 222 of
    25  the laws of 1994, subdivision (b) as added by chapter 353 of the laws of
    26  1996, the opening paragraph of subdivision (b) and  subdivision  (d)  as
    27  amended  by  chapter  597  of  the  laws of 1998, and subdivision (c) as
    28  amended by chapter 349 of the laws  of  2006,  is  amended  to  read  as
    29  follows:
    30  § 215.51 Criminal contempt in the first degree.
    31    A person is guilty of criminal contempt in the first degree when:
    32    (a)  he contumaciously and unlawfully refuses to be sworn as a witness
    33  before a grand jury, or, when after  having  been  sworn  as  a  witness
    34  before  a grand jury, he refuses to answer any legal and proper interro-
    35  gatory; or
    36    (b) in violation of a duly served order of protection, or  such  order
    37  of  which the defendant has actual knowledge because he or she was pres-
    38  ent in court when such order was  issued,  or  an  order  of  protection
    39  issued  by  a  court of competent jurisdiction in this or another state,
    40  territorial or tribal jurisdiction, he or she:
    41    (i) intentionally places or attempts  to  place  a  person  for  whose
    42  protection  such order was issued in reasonable fear of physical injury,
    43  serious physical injury or death by displaying a deadly weapon,  danger-
    44  ous instrument or what appears to be a pistol, revolver, rifle, shotgun,
    45  machine gun or other firearm or by means of a threat or threats; or
    46    (ii)  intentionally  places  or  attempts  to place a person for whose
    47  protection such order was issued in reasonable fear of physical  injury,
    48  serious  physical injury or death by repeatedly following such person or
    49  engaging in a course of conduct or repeatedly  committing  acts  over  a
    50  period of time; or
    51    (iii)  intentionally  places  or  attempts to place a person for whose
    52  protection such order was issued in reasonable fear of physical  injury,
    53  serious physical injury or death when he or she communicates or causes a
    54  communication  to  be  initiated with such person by mechanical or elec-
    55  tronic means or otherwise, anonymously or otherwise, by telephone, or by
    56  telegraph, mail or any other form of written communication; or

        S. 1902                             6
 
     1    (iv) with intent to harass, annoy, threaten  or  alarm  a  person  for
     2  whose protection such order was issued, repeatedly makes telephone calls
     3  to such person, whether or not a conversation ensues, with no purpose of
     4  legitimate communication; or
     5    (v) with intent to harass, annoy, threaten or alarm a person for whose
     6  protection  such  order  was issued, strikes, shoves, kicks or otherwise
     7  subjects such other person to physical contact or attempts or  threatens
     8  to do the same; or
     9    (vi)  by  physical menace, intentionally places or attempts to place a
    10  person for whose protection such order was issued in reasonable fear  of
    11  death, imminent serious physical injury or physical injury.
    12    (c)  he  or  she  commits the crime of criminal contempt in the second
    13  degree as defined in subdivision three of section 215.50 of this article
    14  by violating that part of a duly served order  of  protection,  or  such
    15  order  of which the defendant has actual knowledge because he or she was
    16  present in court when such order was issued, under sections two  hundred
    17  forty  and two hundred fifty-two of the domestic relations law, articles
    18  four, five, six and eight of the family court act and section 530.12  of
    19  the  criminal procedure law, or an order of protection issued by a court
    20  of competent jurisdiction in another state, territorial or tribal juris-
    21  diction, which requires the respondent or defendant to  stay  away  from
    22  the  person  or  persons on whose behalf the order was issued, and where
    23  the defendant has been previously convicted of the crime  of  aggravated
    24  criminal contempt or criminal contempt in the first or second degree for
    25  violating  an order of protection as described herein within the preced-
    26  ing five years; or
    27    (d) in violation of a duly served order of protection, or  such  order
    28  of  which the defendant has actual knowledge because he or she was pres-
    29  ent in court when such order was issued, or an order issued by  a  court
    30  of  competent  jurisdiction  in  this  or  another state, territorial or
    31  tribal jurisdiction, he or she intentionally or recklessly  damages  the
    32  property  of  a  person for whose protection such order was issued in an
    33  amount exceeding two hundred fifty dollars.
    34    Criminal contempt in the first degree is a class [E] D felony.
    35    § 17. Section 240.25 of the penal law, as amended by  chapter  109  of
    36  the laws of 1994, is amended to read as follows:
    37  § 240.25 Harassment in the first degree.
    38    A  person  is  guilty of harassment in the first degree when he or she
    39  intentionally and repeatedly harasses another person by  following  such
    40  person  in  or about a public place or places or by engaging in a course
    41  of conduct or by repeatedly committing acts which places such person  in
    42  reasonable  fear  of  physical injury.   This section shall not apply to
    43  activities regulated by the national labor relations  act,  as  amended,
    44  the  railway  labor  act,  as  amended,  or the federal employment labor
    45  management act, as amended.
    46    Harassment in the first degree is a class [B] A misdemeanor.
    47    § 18. Section 240.30 of the penal law, as amended by  chapter  188  of
    48  the laws of 2014, is amended to read as follows:
    49  § 240.30 Aggravated harassment in the second degree.
    50    A person is guilty of aggravated harassment in the second degree when:
    51    1. With intent to harass another person, the actor either:
    52    (a)  communicates, anonymously or otherwise, by telephone, by computer
    53  or any other electronic means, or by mail, or by transmitting or  deliv-
    54  ering  any  other form of communication, a threat to cause physical harm
    55  to, or unlawful harm to the property of, such person,  or  a  member  of
    56  such  person's same family or household as defined in subdivision one of

        S. 1902                             7
 
     1  section 530.11 of the criminal procedure law, and  the  actor  knows  or
     2  reasonably should know that such communication will cause such person to
     3  reasonably fear harm to such person's physical safety or property, or to
     4  the physical safety or property of a member of such person's same family
     5  or household; or
     6    (b)  causes  a communication to be initiated anonymously or otherwise,
     7  by telephone, by computer or any other electronic means, or by mail,  or
     8  by  transmitting or delivering any other form of communication, a threat
     9  to cause physical harm to, or unlawful harm to  the  property  of,  such
    10  person, a member of such person's same family or household as defined in
    11  subdivision one of section 530.11 of the criminal procedure law, and the
    12  actor knows or reasonably should know that such communication will cause
    13  such  person to reasonably fear harm to such person's physical safety or
    14  property, or to the physical safety or property  of  a  member  of  such
    15  person's same family or household; or
    16    2. With intent to harass or threaten another person, he or she makes a
    17  telephone call, whether or not a conversation ensues, with no purpose of
    18  legitimate communication; or
    19    3. With the intent to harass, annoy, threaten or alarm another person,
    20  he  or  she strikes, shoves, kicks, or otherwise subjects another person
    21  to physical contact, or attempts or threatens to do the same because  of
    22  a  belief  or  perception  regarding such person's race, color, national
    23  origin, ancestry, gender, religion, religious practice, age,  disability
    24  or sexual orientation, regardless of whether the belief or perception is
    25  correct; or
    26    4. With the intent to harass, annoy, threaten or alarm another person,
    27  he or she strikes, shoves, kicks or otherwise subjects another person to
    28  physical  contact thereby causing physical injury to such person or to a
    29  family or household member of such person as defined in  section  530.11
    30  of the criminal procedure law; or
    31    5.  He  or she commits the crime of harassment in the first degree and
    32  has previously been convicted of the crime of harassment  in  the  first
    33  degree as defined by section 240.25 of this article within the preceding
    34  ten years.
    35    Aggravated  harassment in the second degree is a class [A misdemeanor]
    36  E felony.
    37    § 19. Section 240.31 of the penal law, as amended by chapter 49 of the
    38  laws of 2006, subdivisions 3 and 4 as amended and subdivision 5 as added
    39  by chapter 74 of the laws of 2008, is amended to read as follows:
    40  § 240.31 Aggravated harassment in the first degree.
    41    A person is guilty of aggravated harassment in the first  degree  when
    42  with  intent to harass, annoy, threaten or alarm another person, because
    43  of a belief or perception regarding such person's race, color,  national
    44  origin,  ancestry, gender, religion, religious practice, age, disability
    45  or sexual orientation, regardless of whether the belief or perception is
    46  correct, he or she:
    47    1. Damages premises primarily used for religious purposes, or acquired
    48  pursuant to section six of the religious corporation law and  maintained
    49  for  purposes  of  religious instruction, and the damage to the premises
    50  exceeds fifty dollars; or
    51    2. Commits the crime of aggravated harassment in the second degree  in
    52  the  manner proscribed by the provisions of subdivision three of section
    53  240.30 of this article and has been previously convicted of the crime of
    54  aggravated harassment in the second degree for the commission of conduct
    55  proscribed by the provisions of subdivision three of section  240.30  or

        S. 1902                             8
 
     1  he  or  she  has  been  previously  convicted of the crime of aggravated
     2  harassment in the first degree within the preceding ten years; or
     3    3. Etches, paints, draws upon or otherwise places a swastika, commonly
     4  exhibited  as  the emblem of Nazi Germany, on any building or other real
     5  property, public or private, owned by any person, firm or corporation or
     6  any public agency or instrumentality, without express permission of  the
     7  owner or operator of such building or real property;
     8    4. Sets on fire a cross in public view; or
     9    5. Etches, paints, draws upon or otherwise places or displays a noose,
    10  commonly exhibited as a symbol of racism and intimidation, on any build-
    11  ing or other real property, public or private, owned by any person, firm
    12  or  corporation or any public agency or instrumentality, without express
    13  permission of the owner or operator of such building or real property.
    14    Aggravated harassment in the first degree is a class [E] D felony.
    15    § 20. Subdivision 1 of section 370.15 of the criminal procedure law is
    16  REPEALED and a new subdivision 1 is added to read as follows:
    17    1. When a defendant has been charged with assault in the third degree,
    18  menacing in the third degree, menacing in the  second  degree,  criminal
    19  obstruction  of breathing or blood circulation, unlawful imprisonment in
    20  the second degree, coercion in the third degree,  criminal  contempt  in
    21  the second degree, harassment in the first degree, aggravated harassment
    22  in  the  second  degree,  or  attempt  to commit any of the above-listed
    23  offenses, the people may, at arraignment or  no  later  than  forty-five
    24  days after arraignment, serve on the defendant and file with the court a
    25  notice  alleging  that  the  defendant  and the person alleged to be the
    26  victim of such crime were members of the same  family  or  household  as
    27  defined in subdivision one of section 530.11 of this chapter.
    28    §  21.  Section 380.97 of the criminal procedure law is REPEALED and a
    29  new section 380.97 is added to read as follows:
    30  § 380.97 Notification  to  division  of  criminal  justice  services  of
    31             certain misdemeanor convictions.
    32    Upon  judgement of conviction of assault in the third degree, menacing
    33  in the third degree, menacing in the second degree, criminal obstruction
    34  of breathing or blood circulation, unlawful imprisonment in  the  second
    35  degree,  coercion  in  the third degree, criminal contempt in the second
    36  degree, harassment in the first degree, or aggravated harassment in  the
    37  second  degree,  or  attempt to commit any of the above-listed offenses,
    38  when the defendant and victim have been determined, pursuant to  section
    39  370.15  of  this  part, to be members of the same family or household as
    40  defined in subdivision one of section 530.11 of this chapter, the  clerk
    41  of the court shall include notification and a copy of the written deter-
    42  mination  in  a  report  of  such conviction to the division of criminal
    43  justice services to enable the division to report such determination  to
    44  the Federal Bureau of Investigation and assist the bureau in identifying
    45  persons  prohibited  from  purchasing  and possessing a firearm or other
    46  weapon due to conviction of an offense specified  in  paragraph  (c)  of
    47  subdivision seventeen of section 265.00 of the penal law.
    48    § 22. This act shall take effect immediately.
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