Relates to the definition of serious offense.
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.
STATE OF NEW YORK ________________________________________________________________________ 2762 2011-2012 Regular Sessions IN 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