A8665-2011 Actions

• Jun 5, 2012: held for consideration in codes
• Jan 4, 2012: referred to codes
• Oct 14, 2011: referred to codes

A8665-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8665
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 October 14, 2011
 
 Introduced  by  M.  of  A.  STEVENSON  -- Multi-Sponsored by -- M. of A.
 ARROYO, CRESPO, McDONOUGH, P. RIVERA -- read once and referred to  the
 Committee on Codes
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
 relation to enacting the DeAnna Bazemore act
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This  act  shall be known and may be cited as the "DeAnna
 Bazemore act."
 

S 2. The penal law is amended by adding a new title  Y-2  to  read  as
 follows:

 TITLE Y-2
 DOMESTIC VIOLENCE OFFENSE
 ARTICLE 495
 DOMESTIC VIOLENCE OFFENSE
 SECTION 495.00 DOMESTIC VIOLENCE OFFENSE.
 495.05 SENTENCING.
 

S 495.00 DOMESTIC VIOLENCE OFFENSE.
 1.  A PERSON IS GUILTY OF A DOMESTIC VIOLENCE OFFENSE WHEN SUCH PERSON
 COMMITS  A  SPECIFIED  OFFENSE  AS  DEFINED  IN  SUBDIVISION TWO OF THIS
 SECTION AND THE VICTIM IS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD.  FOR
 PURPOSES OF THIS ARTICLE, A MEMBER OF THE SAME FAMILY OR HOUSEHOLD SHALL
 MEAN THE FOLLOWING INDIVIDUALS:

 (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
 (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
 (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
 (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13438-02-1
 
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 (E) UNRELATED PERSONS WHO ARE  CONTINUALLY  OR  AT  REGULAR  INTERVALS
 LIVING  IN  THE SAME HOUSEHOLD OR WHO HAVE IN THE PAST CONTINUALLY OR AT
 REGULAR INTERVALS LIVED IN THE SAME HOUSEHOLD.
 2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS  OF  THIS CHAPTER: SUBDIVISION ONE, TWO, FOUR, EIGHT, NINE OR
 TWELVE OF SECTION 120.05 (ASSAULT IN  THE  SECOND  DEGREE);  SUBDIVISION
 ONE,  TWO  OR  THREE  OF  SECTION  120.10 (ASSAULT IN THE FIRST DEGREE);
 SECTION 120.12 (AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN  YEARS
 OLD);  SECTION  120.25  (RECKLESS  ENDANGERMENT  IN  THE  FIRST DEGREE);
 SECTION 121.12 (STRANGULATION IN  THE  SECOND  DEGREE);  SECTION  121.13
 (STRANGULATION  IN  THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 125.15
 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 125.20 (MANSLAUGHTER IN THE
 FIRST DEGREE); SUBDIVISION ONE, TWO, FOUR  OR  FIVE  OF  SECTION  125.25
 (MURDER  IN  THE SECOND DEGREE); SUBDIVISION ONE OF SECTION 130.35 (RAPE
 IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL
 ACT IN THE FIRST DEGREE); SUBDIVISION  ONE  OF  SECTION  130.65  (SEXUAL
 ABUSE  IN THE FIRST DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A)  OF
 SUBDIVISION  ONE OF SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
 DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);
 SECTION  135.20 (KIDNAPPING IN THE SECOND DEGREE); PARAGRAPH (A), (B) OR
 (C) OF SUBDIVISION TWO  OF  SECTION  135.25  (KIDNAPPING  IN  THE  FIRST
 DEGREE);  OR  ANY  ATTEMPT  OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
 OFFENSES.
 

S 495.05 SENTENCING.
 1. WHEN A PERSON IS CONVICTED OF A DOMESTIC VIOLENCE OFFENSE  PURSUANT
 TO  THIS ARTICLE, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE,
 AS DEFINED IN SECTION 70.02  OF  THIS  CHAPTER,  THE  DOMESTIC  VIOLENCE
 OFFENSE SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
 2.  WHEN  A  PERSON,  WHO  HAS BEEN PREVIOUSLY CONVICTED OF A DOMESTIC
 VIOLENCE OFFENSE PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE  WAS
 A  MISDEMEANOR, IS CONVICTED OF ANOTHER DOMESTIC VIOLENCE OFFENSE PURSU
 ANT TO THIS ARTICLE AND THE SPECIFIED  OFFENSE  IS  A  MISDEMEANOR,  THE
 COURT  SHALL  IMPOSE  A SENTENCE OF IMPRISONMENT FOR A PERIOD OF NO LESS
 THAN SIX MONTHS.
 3. WHEN A PERSON, WHO HAS BEEN PREVIOUSLY CONVICTED  OF  TWO  DOMESTIC
 VIOLENCE  OFFENSES  PURSUANT  TO THIS ARTICLE AND THE SPECIFIED OFFENSES
 WERE MISDEMEANORS, IS CONVICTED OF  ANOTHER  DOMESTIC  VIOLENCE  OFFENSE
 PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR, THE
 COURT  SHALL  IMPOSE  A SENTENCE OF IMPRISONMENT FOR A PERIOD OF NO LESS
 THAN ONE YEAR.
 4. WHEN A PERSON, WHO HAS BEEN PREVIOUSLY CONVICTED OF THREE  OR  MORE
 DOMESTIC  VIOLENCE  OFFENSES  PURSUANT TO THIS ARTICLE AND THE SPECIFIED
 OFFENSES WERE MISDEMEANORS, IS CONVICTED OF  ANOTHER  DOMESTIC  VIOLENCE
 OFFENSE  PURSUANT  TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDE
 MEANOR, THE DOMESTIC VIOLENCE OFFENSE SHALL BE DEEMED TO BE  A  CLASS  D
 FELONY,  AND  THE  PERSON  SHALL  BE  SENTENCED  IN  ACCORDANCE WITH THE
 PROVISIONS OF SECTION 70.00 OF THIS CHAPTER OR SECTION 70.06,  WHICHEVER
 IS APPLICABLE.
 5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
 PERSON IS CONVICTED OF A DOMESTIC  VIOLENCE  OFFENSE  PURSUANT  TO  THIS
 ARTICLE AND THE SPECIFIED OFFENSE IS A FELONY, THE COURT SHALL IMPOSE AN
 ADDITIONAL CONSECUTIVE SENTENCE OF FIVE TO TEN YEARS TO THE MINIMUM TERM
 OF  AN  INDETERMINATE SENTENCE IMPOSED ON THE UNDERLYING FELONY OFFENSE,
 PROVIDED, HOWEVER, THAT SUCH ADDITIONAL SENTENCE SHALL NOT BE IMPOSED IF
 THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES  OF  THE  CRIME
 
       A. 8665                             3
 AND  TO  THE HISTORY AND CHARACTER OF THE DEFENDANT, FINDS ON THE RECORD
 THAT SUCH ADDITIONAL CONSECUTIVE SENTENCE WOULD BE UNDULY HARSH AND THAT
 NOT IMPOSING SUCH SENTENCE WOULD BE CONSISTENT WITH  THE  PUBLIC  SAFETY
 AND WOULD NOT DEPRECATE THE SERIOUSNESS OF THE CRIME.
 

S 3. Subdivision 4 of section 200.50 of the criminal procedure law, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:

 4.  A statement in each count that the grand jury, or, where the accu
 satory instrument is a superior court information, the  district  attor
 ney,  accuses  the  defendant  or  defendants  of  a designated offense,
 provided that in any prosecution under article four hundred  eighty-five
 of the penal law, the designated offense shall be the specified offense,
 as  defined  in  subdivision  three  of section 485.05 of the penal law,
 followed by the phrase "as a hate crime", and provided further  that  in
 any  prosecution  under  section 490.25 of the penal law, the designated
 offense shall be the specified offense, as defined in subdivision  three
 of  section  490.05 of the penal law, followed by the phrase "as a crime
 of terrorism"; and  provided  further  that  in  any  prosecution  under
 section  130.91  of  the  penal law, the designated offense shall be the
 specified offense, as defined in subdivision two of  section  130.91  of
 the penal law, followed by the phrase "as a sexually motivated felony"[;
 and] PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER ARTICLE FOUR HUNDRED
 NINETY-FIVE OF THE PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE SPECI
 FIED  OFFENSE,  AS  DEFINED  IN SUBDIVISION TWO OF SECTION 495.00 OF THE
 PENAL LAW, FOLLOWED BY THE PHRASE "AS A DOMESTIC VIOLENCE OFFENSE"; AND
 

S 4. Subdivision 7 of section 200.50 of the criminal procedure law  is
 amended by adding a new paragraph (f) to read as follows:

 (F) IN THE CASE OF ANY DOMESTIC VIOLENCE OFFENSE AS DEFINED IN SECTION
 495.00  OF  THE  PENAL  LAW,  SPECIFIES THAT THE PERSON AGAINST WHOM THE
 OFFENSE WAS COMMITTED OR INTENDED TO BE COMMITTED WAS A  MEMBER  OF  THE
 SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT, AS DEFINED IN SUBDIVISION ONE
 OF SECTION 495.00 OF THE PENAL LAW; AND
 

S 5. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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