Creates an automatic class E felony on the first offense for committing an act of domestic violence in the presence of children.
Summary
This bill creates a new article 261 in the Penal Law defining a “domestic violence crime” as certain specified offenses committed intentionally against a member of the same family or household. The list of covered offenses is broad and includes assault, menacing, stalking, strangulation, sexual offenses, kidnapping-related conduct, burglary, criminal mischief, contempt, harassment, disorderly conduct, and related attempts or conspiracies. The bill also defines “family or household” to include spouses, former spouses, people with a child in common, relatives by blood or marriage, and people who live or have lived together regularly.
The core penalty change is that if one of these domestic violence offenses is committed in the presence of a child age 15 or younger, the offense becomes a class E felony. The bill further provides that any sentence imposed under this new provision must run consecutively to the sentence for the underlying offense, and it amends the sentencing statute to allow consecutive sentencing for convictions under the new article 261. The measure would take effect 30 days after becoming law.
Impact
The bill would amend the Penal Law and the sentencing rules in section 70.25 of the Penal Law. It creates a new felony-level domestic violence enhancement tied to the presence of a young child, which would increase criminal exposure for offenders and give prosecutors an additional charge or sentencing basis in qualifying cases. It would also alter how sentences may be imposed by permitting consecutive terms for article 261 convictions, changing the default concurrency rule in certain multi-offense cases.
Sentiment
The available voting history suggests the bill received mixed but somewhat favorable committee support: the Assembly Codes Committee vote was 16 yeas to 6 nays, and the bill was held for consideration rather than advanced immediately. That pattern indicates there is meaningful support for the bill’s child-protection and domestic-violence enforcement goals, but also enough concern to prevent unanimous approval or quick movement. No committee transcript is available to show detailed debate.
Contention
The main point of contention is likely the bill’s automatic felony enhancement on a first offense when a child is present, which may be viewed by supporters as a needed deterrent and by critics as overly punitive or inflexible. Another likely issue is the breadth of the underlying offenses and the broad definition of family or household, which could sweep in a wide range of conduct and relationships. The consecutive-sentencing provision may also draw concern because it increases potential incarceration time and limits judicial discretion.
Establishes a persistent domestic violence offender registry of individuals convicted of multiple domestic violence offenses, which is available for public inquiry.
Establishes a persistent domestic violence offender registry of individuals convicted of multiple domestic violence offenses, which is available for public inquiry.
Crimes and punishments; modifying offenses in certain classes of felonies; creating felony offenses for second or subsequent offenses; adding offenses for which registration pursuant to the Sex Offenders Registration Act applies. Effective date.