This bill has been amended

Bill A698A-2011

Relates to certain notices and stipulations in certain domestic violence actions and proceedings

Relates to certain notices and stipulations in certain domestic violence actions and proceedings.

Details

Actions

  • Apr 11, 2011: print number 698a
  • Apr 11, 2011: amend (t) and recommit to codes
  • Jan 5, 2011: referred to codes

Text

STATE OF NEW YORK ________________________________________________________________________ 698--A 2011-2012 Regular Sessions IN ASSEMBLY (PREFILED) January 5, 2011 ___________
Introduced by M. of A. PAULIN, GALEF, LANCMAN, PEOPLES-STOKES, BOYLAND, DINOWITZ, GABRYSZAK, HOOPER, HOYT, JAFFEE, KELLNER, MILLMAN, SCHIMEL, McDONOUGH, P. RIVERA, ROSENTHAL, MOLINARO -- Multi-Sponsored by -- M. of A. BARRON, CAMARA, CROUCH, GLICK, GOTTFRIED, MARKEY, MAYERSOHN, PHEFFER, TITONE -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to certain domestic violence offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 170.10 of the criminal procedure law is amended by adding a new paragraph (f) to read as follows: (F) (I) WHERE AN INFORMATION, A MISDEMEANOR COMPLAINT, OR A PROSECUTOR'S INFORMATION CHARGES ASSAULT OR ATTEMPTED ASSAULT IN THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN SECTIONS 120.14 AND 110.00 OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR ATTEMPTED CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00 OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT: (A) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM, OR (B) SHARES A CHILD IN COMMON WITH THE VICTIM, OR (C) IS COHABITATING OR HAS COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR (D) IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE.
(II) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR IN THE COURSE OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED TO OR SITU- ATED TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE DEFENDANT DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN THE NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVING THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE AS ALLEGED IN THE NOTICE BY PROOF BEYOND A REASONABLE DOUBT DURING THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRITING. S 2. Subdivision 1 of section 180.10 of the criminal procedure law is amended to read as follows: 1. (A) Upon the defendant's arraignment before a local criminal court upon a felony complaint, the court must immediately inform him OR HER, or cause him OR HER to be informed in its presence, of the charge or charges against him OR HER and that the primary purpose of the proceedings upon such felony complaint is to determine whether the defendant is to be held for the action of a grand jury with respect to the charges contained therein. The court must furnish the defendant with a copy of the felony complaint. (B) WHERE A FELONY COMPLAINT CHARGES ASSAULT OR ATTEMPTED ASSAULT IN THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN SECTIONS 120.14 AND 110.00 OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR ATTEMPTED CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00 OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT: (I) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM, OR (II) SHARES A CHILD IN COMMON WITH THE VICTIM, OR (III) IS COHABITATING OR HAS COHABITED WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR (IV) IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE. (C) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR IN THE COURSE OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVI- SION. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE DEFENDANT DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN THE NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVID- ING THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE AS ALLEGED IN THE NOTICE BY PROOF BEYOND A REASONABLE DOUBT DURING THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A DETERMINATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRITING. S 3. Subdivision 2 of section 210.15 of the criminal procedure law is amended by adding a new paragraph (d) to read as follows: (D) (I) WHERE AN INDICTMENT, CHARGES ASSAULT OR ATTEMPTED ASSAULT IN THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN SECTIONS 120.14 AND 110.00 OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR ATTEMPTED CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00
OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, THE PEOPLE MAY SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A NOTICE ALLEGING THAT THE DEFENDANT: (A) IS A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE VICTIM, OR (B) SHARES A CHILD IN COMMON WITH THE VICTIM, OR (C) IS COHABITATING OR HAS COHABITATED WITH THE VICTIM AS A SPOUSE, PARENT OR GUARDIAN, OR (D) IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF THE VICTIM. SUCH NOTICE MUST BE SERVED WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT FOR SUCH CHARGE AND BEFORE TRIAL, AND MUST INCLUDE THE NAME OF THE PERSON ALLEGED TO BE THE VICTIM OF THE OFFENSE. (II) A DEFENDANT MAY STIPULATE OR ADMIT IN ANY COURT PROCEEDING OR IN THE COURSE OF A PLEA DISPOSITION THAT HE OR SHE IS RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH. IN SUCH CASE, THE RELATIONSHIP SHALL BE DEEMED ESTABLISHED. IF THE DEFENDANT DENIES SUCH RELATIONSHIP TO THE VICTIM AS ALLEGED IN THE NOTICE SERVED BY THE PEOPLE, THE PEOPLE SHALL BEAR THE BURDEN OF PROVING THAT THE DEFENDANT IS RELATED OR SITUATED TO THE VICTIM OF THE OFFENSE AS ALLEGED IN THE NOTICE BY PROOF BEYOND A REASONABLE DOUBT DURING THE TRIAL. IN SUCH CIRCUMSTANCES, THE TRIER OF FACT SHALL MAKE A DETERMI- NATION WITH RESPECT TO SUCH ALLEGATION ORALLY ON THE RECORD OR IN WRIT- ING. S 4. The criminal procedure law is amended by adding a new section 380.97 to read as follows: S 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF DETER- MINATIONS IN CERTAIN MISDEMEANORS. UPON JUDGMENT OF CONVICTION OF ASSAULT OR ATTEMPTED ASSAULT IN THE THIRD DEGREE, AS DEFINED IN SECTIONS 120.00 AND 110.00 OF THE PENAL LAW, MENACING OR ATTEMPTED MENACING IN THE SECOND DEGREE, AS DEFINED IN SECTION 120.14 AND 110.00 OF THE PENAL LAW, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR ATTEMPTED CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTIONS 121.11 AND 110.00 OF THE PENAL LAW, FORCIBLE TOUCHING OR ATTEMPTED FORCIBLE TOUCHING, AS DEFINED IN SECTIONS 130.52 AND 110.00 OF THE PENAL LAW, AND THE DEFEND- ANT HAS BEEN DETERMINED TO BE EITHER A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE PERSON AGAINST WHOM SUCH OFFENSE WAS COMMITTED, OR THE DEFENDANT SHARES A CHILD IN COMMON WITH SUCH PERSON, OR THE DEFEND- ANT IS OR HAS COHABITATED WITH SUCH PERSON AS A SPOUSE, PARENT OR GUARD- IAN, OR IS OR WAS SIMILARLY SITUATED TO A SPOUSE, PARENT OR GUARDIAN OF SUCH PERSON, THE CLERK OF THE COURT SHALL INCLUDE NOTIFICATION OF THAT DETERMINATION IN ANY REPORT OF SUCH CONVICTION TO THE DIVISION OF CRIMI- NAL JUSTICE SERVICES. S 5. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

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