Bill Text: NY S03331 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the definition of serious offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03331 Detail]

Download: New_York-2013-S03331-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3331
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       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:
    1    Section 1. Subdivision 17 of  section  265.00  of  the  penal  law  is
    2  amended by adding a new paragraph (c) to read as follows:
    3    (C)  AN  OFFENSE  WHICH  WOULD CONSTITUTE A FAMILY OFFENSE PURSUANT TO
    4  SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE  THE  VICTIM
    5  OF  SUCH  OFFENSE  WAS A "FAMILY OR HOUSEHOLD MEMBER" AS DEFINED IN THAT
    6  SECTION.    WHERE  ALLEGATIONS  OF  CONDUCT  WHICH  WOULD  CONSTITUTE  A
    7  VIOLATION  UNDER  THIS  CHAPTER HAVE BEEN SUSTAINED AFTER A FACT FINDING
    8  HEARING IN FAMILY COURT THE RESPONDENT MAY MOTION THE  COURT  TO  VACATE
    9  THE  "SERIOUS  OFFENSE"  DESIGNATION  MADE APPLICABLE UNDER THIS SECTION
   10  THREE YEARS AFTER DISPOSITION OF THE FAMILY COURT CASE. WHEN CONSIDERING
   11  THE MOTION TO VACATE THE "SERIOUS OFFENSE" DESIGNATION THE  COURT  SHALL
   12  CONSIDER: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE
   13  EXTENT  OF  HARM CAUSED BY THE OFFENSE; (III) THE HISTORY, CHARACTER AND
   14  CONDITION OF THE RESPONDENT; (IV) THE POSITION OF  THE  PETITIONER;  AND
   15  (V)  THE  IMPACT  VACATING THE "SERIOUS OFFENSE" DESIGNATION MAY HAVE ON
   16  PUBLIC SAFETY. UPON DECIDING THE MOTION THE COURT MUST SET  ITS  REASONS
   17  THEREFOR UPON THE RECORD.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06460-01-3