File #: Res 0856-2011    Version: * Name: Creating the E felony of aggravated domestic violence when an offender is convicted of two or more specified domestic violence offenses within five years.
Type: Resolution Status: Adopted
Committee: Committee on Women's Issues
On agenda: 6/14/2011
Enactment date: Law number:
Title: Resolution in support of pending legislation in the New York State Legislature, which would amend the Penal and Criminal Procedure Laws by creating the E felony of aggravated domestic violence when an offender is convicted of two or more specified domestic violence offenses within five years.
Sponsors: Julissa Ferreras-Copeland, Christine C. Quinn, Peter F. Vallone, Jr., Leroy G. Comrie, Jr., Lewis A. Fidler, Vincent J. Gentile, Karen Koslowitz, Brad S. Lander, Melissa Mark-Viverito, Rosie Mendez, Deborah L. Rose, Mark S. Weprin, Jumaane D. Williams, Margaret S. Chin, Inez E. Dickens, G. Oliver Koppell, James G. Van Bramer, Maria Del Carmen Arroyo, Peter A. Koo
Council Member Sponsors: 19
Attachments: 1. Committee Report 6/13/11, 2. Hearing Testimony 6/13/11, 3. Hearing Transcript 6/13/11, 4. Committee Report 6/14/11, 5. Hearing Transcript 6/14/11, 6. Hearing Transcript - Stated Meeting 6-14-11
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/14/2011*Julissa Ferreras-Copeland City Council Approved, by CouncilPass Action details Meeting details Not available
6/14/2011*Julissa Ferreras-Copeland City Council Referred to Comm by Council  Action details Meeting details Not available
6/14/2011*Julissa Ferreras-Copeland City Council Introduced by Council  Action details Meeting details Not available
6/14/2011*Julissa Ferreras-Copeland Committee on Women's Issues Hearing on P-C Item by Comm  Action details Meeting details Not available
6/14/2011*Julissa Ferreras-Copeland Committee on Women's Issues P-C Item Approved by CommPass Action details Meeting details Not available
6/13/2011*Julissa Ferreras-Copeland Committee on Public Safety P-C Item Laid Over by Comm  Action details Meeting details Not available
6/13/2011*Julissa Ferreras-Copeland Committee on Public Safety Hearing on P-C Item by Comm  Action details Meeting details Not available
6/13/2011*Julissa Ferreras-Copeland Committee on Women's Issues P-C Item Laid Over by Comm  Action details Meeting details Not available
6/13/2011*Julissa Ferreras-Copeland Committee on Women's Issues Hearing on P-C Item by Comm  Action details Meeting details Not available
Preconsidered Res. No. 856
 
 
Resolution in support of pending legislation in the New York State Legislature, which would amend the Penal and Criminal Procedure Laws by creating the E felony of aggravated domestic violence when an offender is convicted of two or more specified domestic violence offenses within five years.
 
 
By Council Members Ferreras, the Speaker (Council Member Quinn) and Council Members Vallone, Comrie, Fidler, Gentile, Koslowitz, Lander, Mark-Viverito, Mendez, Rose, Weprin, Williams, Chin, Dickens, Koppell, Van Bramer, Arroyo and Koo
 
      Whereas, Those who commit acts of domestic violence can cause harm to their victims in a variety of ways including through physical injury and verbal abuse; and
Whereas, Some domestic violence abusers are repeat offenders, committing multiple acts of violence against their victims; and
Whereas, Such abusers may have a long criminal history of assaulting their victims; and
Whereas, In New York County alone, there were 622 individuals convicted of two or more domestic violence offenses between 2004 and 2009; and
Whereas, Under existing New York laws, a domestic violence offender faces the same punishment whether he or she is convicted of a first misdemeanor domestic violence offense or a fifth misdemeanor domestic violence offense; and
Whereas, As a result, individuals who need protection may not be sufficiently protected from harm and those who commit serial acts of domestic violence are not sufficiently punished; and
Whereas, In order to strengthen the laws against repeat domestic violence offenders, New York State must increase penalties when domestic violence abuse re-occurs, regardless of whether it is the same or a different victim; and
      Whereas, Unlike New York State, other jurisdictions including Georgia, Michigan, Ohio, Oklahoma, Texas, Vermont and Utah recognize the importance of dealing with repeat domestic violence offenders by providing felony penalties for second misdemeanor domestic violence offenses; and
Whereas, Senator Daniel Squadron, Senator Martin Golden and Assemblymember Linda Rosenthal introduced A.1986/S.5617-A, which would address the problem of serial  domestic violence offenders by amending the Penal and Criminal Procedure laws to create a new crime of aggravated domestic violence when an offender is convicted of two or more specified domestic violence offenses within five years; and
Whereas, Aggravated domestic violence would be a class E felony carrying a minimum sentence of five years' probation and a maximum sentence of state prison time; and
      Whereas, A.1986/S.5617-A would provide a method to calculate the five year time period, which for counting purposes, would exclude any period of time in which a defendant was incarcerated; and
      Whereas, A.1986/S.5617-A defines "specified domestic violence offense" as an offense in which the defendant and the victim are or were previously members of the same family or household as defined by the Criminal Procedure Law and in which the offense includes any of certain specified offenses which range from class B misdemeanors to class A-II felonies; and
Whereas, A.1986/S.5617-A would also establish that the victims of the specified domestic violence offenses can be different and that a victim need not be a member of the same family or household; and
      Whereas, New York State should act swiftly on these bills to address the issue of serial domestic violence offenders before such serial offenders can harm more people; now, therefore, be it
Resolved, That the Council of the City of New York supports pending legislation in the New York State Legislature, which would amend the Penal and Criminal Procedure Laws by creating the E felony of aggravated domestic violence when an offender is convicted of two or more specified domestic violence offenses within five years.
 
 
 
 
 
 
 
 
 
 
 
SA
6/14/11
LS# 2256