S2762-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CODES
• Feb 1, 2011: REFERRED TO CODES

S2762-2011 Memo

BILL NUMBER:S2762

TITLE OF BILL:
An act
to amend the penal law, in relation to the definition of serious offense

PURPOSE:
This bill would improve public safety and prevent domestic
violence incidents from escalating into even greater violence by
keeping guns out of the hands of domestic violence perpetrators.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 17 of section
265.00 of the Penal Law by adding a new paragraph c to include any
offense which would constitute a family offense pursuant to section
eight hundred twelve of the family court act, where the victim of
such offense was a family or household member as defined in that
section. The legislation treats conduct which constitutes a violation
under the penal law differently than conduct which would constitute a
misdemeanor or felony insofar as where an allegation of a violation
is sustained by the family court, the respondent may motion the court
to vacate the "serious offense" designation three years after
disposition of the case. The legislation provides factors which the
family court shall apply when hearing such a motion. Upon deciding
the motion the court must set its reasons on the record.

Section 2 establishes the effective date.

JUSTIFICATION:
A firearm in the hands of any criminal is a threat,
especially in the hands of a noted domestic batterer. Fifty-four
percent of female homicides are committed with a firearm and two
thirds of all women killed with firearms are killed by their male
partners. By prohibiting perpetrators of domestic violence from
lawfully possessing a firearm, this legislation will protect both
partners, and decrease the propensity for a batterer to continue on a
path of violence which may escalate to fatal consequences through the
use of a gun.

LEGISLATIVE HISTORY:
2009-10: S.4685A - Referred to Codes Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2762-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2762
 2011-2012 Regular Sessions
 I N  SENATE
 February 1, 2011
 
 Introduced  by  Sen. HASSELL-THOMPSON -- 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 the definition of  serious
 offense
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
 amended by adding a new paragraph (c) to read as follows:

 (C)  AN  OFFENSE  WHICH  WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
 SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE  THE  VICTIM
 OF  SUCH  OFFENSE  WAS A "FAMILY OR HOUSEHOLD MEMBER" AS DEFINED IN THAT
 SECTION.    WHERE  ALLEGATIONS  OF  CONDUCT  WHICH  WOULD  CONSTITUTE  A
 VIOLATION  UNDER  THIS  CHAPTER HAVE BEEN SUSTAINED AFTER A FACT FINDING
 HEARING IN FAMILY COURT THE RESPONDENT MAY MOTION THE  COURT  TO  VACATE
 THE  "SERIOUS  OFFENSE"  DESIGNATION  MADE APPLICABLE UNDER THIS SECTION
 THREE YEARS AFTER DISPOSITION OF THE FAMILY COURT CASE. WHEN CONSIDERING
 THE MOTION TO VACATE THE "SERIOUS OFFENSE" DESIGNATION THE  COURT  SHALL
 CONSIDER: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE
 EXTENT  OF  HARM CAUSED BY THE OFFENSE; (III) THE HISTORY, CHARACTER AND
 CONDITION OF THE RESPONDENT; (IV) THE POSITION OF  THE  PETITIONER;  AND
 (V)  THE  IMPACT  VACATING THE "SERIOUS OFFENSE" DESIGNATION MAY HAVE ON
 PUBLIC SAFETY. UPON DECIDING THE MOTION THE COURT MUST SET  ITS  REASONS
 THEREFOR UPON THE RECORD.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06430-01-1

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