S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4091
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 8, 2013
                                      ___________
       Introduced  by  Sen.  ROBACH -- 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 enhancing  punishment  for
         crimes  involving  domestic violence; and to amend the criminal proce-
         dure law, in relation to the consideration  of  certain  factors  when
         determining the issuance of an order of recognizance or bail
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of  section  240.30  of  the  penal  law,  as
    2  amended  by chapter 510 of the laws of 2008 and as renumbered by section
    3  4 of part D of chapter 491 of the laws of 2012, is amended  to  read  as
    4  follows:
    5    5.  Commits  the  crime  of  harassment  in the first degree OR SECOND
    6  DEGREE and has previously been convicted of the crime of  harassment  in
    7  the first degree OR SECOND DEGREE as defined by section 240.25 OR 240.26
    8  of this article within the preceding ten years.
    9    S  2.  The section heading, opening paragraph and closing paragraph of
   10  section 240.31 of the penal law, as amended by chapter 49 of the laws of
   11  2006, are amended to read as follows:
   12    [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
   13    A person is guilty of BIAS RELATED aggravated harassment [in the first
   14  degree] when with intent to harass, annoy,  threaten  or  alarm  another
   15  person,  because of a belief or perception regarding such person's race,
   16  color, national origin, ancestry, gender, religion, religious  practice,
   17  age,  disability or sexual orientation, regardless of whether the belief
   18  or perception is correct, he or she:
   19    [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first  degree]
   20  is a class E felony.
   21    S  3.  The penal law is amended by adding a new section 240.29 to read
   22  as follows:
   23  S 240.29 AGGRAVATED HARASSMENT IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09634-01-3
       S. 4091                             2
    1    A PERSON IS GUILTY OF A AGGRAVATED HARASSMENT IN THE FIRST DEGREE WHEN
    2  WITH INTENT TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON,  HE  OR
    3  SHE  COMMITS  THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE IN
    4  THE MANNER PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR  FIVE
    5  OF  SECTION  240.30 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN CONVICTED OF
    6  THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE FOR THE  COMMIS-
    7  SION  OF CONDUCT PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR
    8  FIVE OF SECTION 240.30 OF THIS ARTICLE WITHIN THE  PRECEDING  TEN  YEARS
    9  AND  SUCH  PERSON  IS  A  MEMBER  OF THE SAME FAMILY OR HOUSEHOLD AS THE
   10  PERSON UPON WHOM THE PRESENT OFFENSE IS COMMITTED. FOR THE  PURPOSES  OF
   11  THIS  SUBDIVISION  "MEMBERS  OF THE SAME FAMILY OR HOUSEHOLD" SHALL HAVE
   12  THE SAME MEANING AS IS DEFINED IN SECTION 530.11 OF THE CRIMINAL  PROCE-
   13  DURE LAW.
   14    AGGRAVATED HARASSMENT IN THE FIRST DEGREE IS A CLASS E FELONY.
   15    S 4. Section 120.05 of the penal law is amended by adding a new subdi-
   16  vision 13 to read as follows:
   17    13.  SUCH  PERSON  COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS
   18  DEFINED IN SECTION 120.00 AGAINST ANOTHER PERSON  AND  SUCH  PERSON  HAS
   19  BEEN PREVIOUSLY CONVICTED OF ANY OFFENSE DEFINED BY ANY OF THE FOLLOWING
   20  PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE THIRD
   21  DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);  SECTION  120.10
   22  (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
   23  PERSON  LESS  THAN  ELEVEN  YEARS  OLD); SECTION 120.13 (MENACING IN THE
   24  FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND  DEGREE);  SECTION
   25  120.15  (MENACING  IN THE THIRD DEGREE); SECTION 120.20 (RECKLESS ENDAN-
   26  GERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT  IN
   27  THE  FIRST DEGREE); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
   28  SECTION 121.13 (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION  ONE  OF
   29  SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
   30  OR  FOUR  OF  SECTION 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION
   31  125.25 (MURDER IN THE SECOND DEGREE); SECTION 120.45  (STALKING  IN  THE
   32  FOURTH  DEGREE);  SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION
   33  120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN  THE
   34  FIRST  DEGREE);  SUBDIVISION  ONE  OF  SECTION 130.35 (RAPE IN THE FIRST
   35  DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
   36  FIRST  DEGREE);  SUBDIVISION  ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE
   37  FIRST DEGREE); PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.67
   38  (AGGRAVATED  SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF SUBDI-
   39  VISION ONE OF SECTION 130.70  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  FIRST
   40  DEGREE);  SECTION  135.05  (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE);
   41  SECTION 135.10 (UNLAWFUL IMPRISONMENT  IN  THE  FIRST  DEGREE);  SECTION
   42  135.20  (KIDNAPPING IN THE SECOND DEGREE); SECTION 135.25 (KIDNAPPING IN
   43  THE FIRST DEGREE); SECTION  135.60  (COERCION  IN  THE  SECOND  DEGREE);
   44  SECTION  135.65 (COERCION IN THE FIRST DEGREE); SECTION 140.10 (CRIMINAL
   45  TRESPASS IN THE THIRD DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN  THE
   46  SECOND  DEGREE); SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE);
   47  SECTION 140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25  (BURGLARY
   48  IN  THE  SECOND  DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);
   49  SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION  145.05
   50  (CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE);  SECTION  145.10 (CRIMINAL
   51  MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
   52  FIRST DEGREE); SECTION 150.05 (ARSON  IN  THE  FOURTH  DEGREE);  SECTION
   53  150.10  (ARSON IN THE THIRD DEGREE); SECTION 150.15 (ARSON IN THE SECOND
   54  DEGREE); SECTION 150.20 (ARSON IN  THE  FIRST  DEGREE);  SECTION  155.25
   55  (PETIT  LARCENY);  SECTION  155.30 (GRAND LARCENY IN THE FOURTH DEGREE);
   56  SECTION 155.35 (GRAND LARCENY  IN  THE  THIRD  DEGREE);  SECTION  155.40
       S. 4091                             3
    1  (GRAND  LARCENY  IN THE SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN
    2  THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION
    3  160.10 (ROBBERY IN THE SECOND DEGREE); SECTION 160.15  (ROBBERY  IN  THE
    4  FIRST DEGREE); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE); SUBDIVI-
    5  SION  ONE,  TWO  OR FIVE OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE
    6  SECOND DEGREE); OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE  FORE-
    7  GOING  OFFENSES,  WITHIN  THE  PRECEDING  TEN YEARS AND SUCH PERSON IS A
    8  MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
    9  ENT OFFENSE IS COMMITTED. FOR THE PURPOSES OF THIS SUBDIVISION  "MEMBERS
   10  OF  THE  SAME  FAMILY  OR  HOUSEHOLD"  SHALL HAVE THE SAME MEANING AS IS
   11  DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
   12    S 5. Section 121.12 of the penal law, as added by chapter 405  of  the
   13  laws of 2010, is amended to read as follows:
   14  S 121.12 Strangulation in the second degree.
   15    A  person  is  guilty of strangulation in the second degree when he or
   16  she: (1) commits the crime of criminal obstruction of breathing or blood
   17  circulation, as defined in section 121.11 of this article,  and  thereby
   18  causes  stupor,  loss  of  consciousness  for any period of time, or any
   19  other physical injury or impairment[.]; OR
   20    (2) COMMITS THE CRIME OF CRIMINAL OBSTRUCTION OF  BREATHING  OR  BLOOD
   21  CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS ARTICLE AND SUCH PERSON
   22  HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF CRIMINAL
   23  OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION; AND SUCH PERSON IS A
   24  MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
   25  ENT CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD  CIRCULATION  IS
   26  COMMITTED.  FOR  THE  PURPOSES  OF THIS SUBDIVISION "MEMBERS OF THE SAME
   27  FAMILY OR HOUSEHOLD" SHALL HAVE  THE  SAME  MEANING  AS  IS  DEFINED  IN
   28  SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
   29    Strangulation in the second degree is a class D felony.
   30    S 6. Section 120.13 of the penal law, as amended by chapter 765 of the
   31  laws of 2005, is amended to read as follows:
   32  S 120.13 Menacing in the first degree.
   33    A  person  is  guilty  of  menacing in the first degree when he or she
   34  commits the crime of menacing in the second degree and has  been  previ-
   35  ously  convicted  of  the  crime of menacing in the second degree or the
   36  crime of menacing a police officer or peace officer within the preceding
   37  ten years.
   38    Menacing in the first degree is a class [E] D felony.
   39    S 7. Subdivision (c) of section 215.51 of the penal law, as amended by
   40  chapter 349 of the laws of 2006, is amended to read as follows:
   41    (c) he or she commits the crime of criminal  contempt  in  the  second
   42  degree as defined in subdivision three of section 215.50 of this article
   43  by  violating  [that part of] a duly served order of protection, or such
   44  order of which the defendant has actual knowledge because he or she  was
   45  present  in court when such order was issued, under sections two hundred
   46  forty and two hundred fifty-two of the domestic relations law,  articles
   47  four,  five, six and eight of the family court act and section 530.12 of
   48  the criminal procedure law, or an order of protection issued by a  court
   49  of competent jurisdiction in another state, territorial or tribal juris-
   50  diction,  [which  requires the respondent or defendant to stay away from
   51  the person or persons on whose behalf the order was issued,]  and  where
   52  the  defendant  has been previously convicted of the crime of aggravated
   53  criminal contempt or criminal contempt in the first or second degree for
   54  violating an order  of  protection  [as  described  herein]  within  the
   55  preceding [five] TEN years; or
       S. 4091                             4
    1    S  8.  The  closing  paragraph  of section 215.51 of the penal law, as
    2  amended by chapter 222 of the laws  of  1994,  is  amended  to  read  as
    3  follows:
    4    Criminal contempt in the first degree is a class [E] D felony.
    5    S  9.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
    6  amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,
    7  subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
    8  amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
    9  paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
   10  2006, are amended to read as follows:
   11    1. (a) Except as provided in section  eighteen  hundred  nine  of  the
   12  vehicle  and  traffic law and section 27.12 of the parks, recreation and
   13  historic preservation law, whenever  proceedings  in  an  administrative
   14  tribunal or a court of this state result in a conviction for a felony, a
   15  misdemeanor, or a violation, as these terms are defined in section 10.00
   16  of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
   17  surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
   18  crime  victim  assistance  fee AND A DOMESTIC VIOLENCE VICTIM ASSISTANCE
   19  FEE in addition to any sentence required or permitted by law, in accord-
   20  ance with the following schedule:
   21    (i) a person convicted of a felony shall pay a mandatory surcharge  of
   22  three  hundred  dollars and a crime victim assistance fee of twenty-five
   23  dollars;
   24    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
   25  surcharge of one hundred seventy-five dollars and a crime victim assist-
   26  ance fee of twenty-five dollars;
   27    (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
   28  surcharge of ninety-five dollars and a crime victim  assistance  fee  of
   29  twenty-five dollars;
   30    (iv) a person convicted of a sex offense as defined by subdivision two
   31  of section one hundred sixty-eight-a of the correction law or a sexually
   32  violent  offense  as defined by subdivision three of section one hundred
   33  sixty-eight-a of the correction law shall, in addition  to  a  mandatory
   34  surcharge  and crime victim assistance fee, pay a sex offender registra-
   35  tion fee of fifty dollars[.];
   36    (v) a person convicted of a designated offense as defined by  subdivi-
   37  sion  seven  of  section  nine  hundred ninety-five of the executive law
   38  shall, in addition to a mandatory surcharge and crime victim  assistance
   39  fee, pay a DNA databank fee of fifty dollars[.];
   40    (VI)  A  PERSON CONVICTED OF ANY OFFENSE WHERE THE COMPLAINANT OF SUCH
   41  OFFENSE IS A MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  THE  CONVICTED
   42  PERSON  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME VICTIM
   43  ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE,  AND  PAY  A
   44  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE IN THE AMOUNT OF TWO HUNDRED
   45  FIFTY DOLLARS. FOR THE PURPOSES OF THIS SUBDIVISION, "MEMBER OF THE SAME
   46  FAMILY OR HOUSEHOLD" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
   47  530.11 OF THE CRIMINAL PROCEDURE LAW.
   48    (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
   49  (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
   50  offense  contained in article one hundred thirty of this chapter, incest
   51  in the third, second or first degree  as  defined  in  sections  255.25,
   52  255.26 and 255.27 of this chapter or an offense contained in article two
   53  hundred  sixty-three  of  this chapter, the person convicted shall pay a
   54  supplemental sex offender victim fee of one thousand dollars in addition
   55  to the mandatory surcharge and any other fee.
       S. 4091                             5
    1    2. Where a person is convicted of two or  more  crimes  or  violations
    2  committed  through  a single act or omission, or through an act or omis-
    3  sion which in itself constituted one of the  crimes  or  violations  and
    4  also  was  a  material  element  of  the other, the court shall impose a
    5  mandatory  surcharge and a crime victim assistance fee, and where appro-
    6  priate a supplemental sex  offender  victim  fee  OR  DOMESTIC  VIOLENCE
    7  VICTIM ASSISTANCE FEE, in accordance with the provisions of this section
    8  for the crime or violation which carries the highest classification, and
    9  no  other sentence to pay a mandatory surcharge, crime victim assistance
   10  fee [or], supplemental sex offender  victim  fee  OR  DOMESTIC  VIOLENCE
   11  VICTIM ASSISTANCE FEE required by this section shall be imposed. Where a
   12  person  is  convicted  of  two  or more sex offenses or sexually violent
   13  offenses, as defined by  subdivisions  two  and  three  of  section  one
   14  hundred  sixty-eight-a of the correction law, committed through a single
   15  act or omission, or through an act or omission which in  itself  consti-
   16  tuted  one of the offenses and also was a material element of the other,
   17  the court shall impose only one sex offender registration fee.  Where  a
   18  person  is  convicted  of two or more designated offenses, as defined by
   19  subdivision seven of section nine hundred ninety-five of  the  executive
   20  law,  committed  through  a single act or omission, or through an act or
   21  omission which in itself constituted one of the offenses and also was  a
   22  material element of the other, the court shall impose only one DNA data-
   23  bank fee.
   24    3.  The  mandatory surcharge, sex offender registration fee, DNA data-
   25  bank fee, crime victim assistance fee, [and] supplemental  sex  offender
   26  victim  fee  AND DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE provided for in
   27  subdivision one of this section shall be paid to the clerk of the  court
   28  or  administrative  tribunal  that  rendered  the conviction. Within the
   29  first ten days of  the  month  following  collection  of  the  mandatory
   30  surcharge,  crime  victim  assistance fee, and supplemental sex offender
   31  victim fee, the collecting  authority  shall  determine  the  amount  of
   32  mandatory surcharge, crime victim assistance fee, [and] supplemental sex
   33  offender   victim  fee  AND  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE
   34  collected and, if it is an administrative tribunal, or a town or village
   35  justice court, it shall then pay such money to the state comptroller who
   36  shall deposit such money in the state treasury pursuant to  section  one
   37  hundred  twenty-one of the state finance law to the credit of the crimi-
   38  nal justice improvement account established by  section  ninety-seven-bb
   39  of the state finance law. Within the first ten days of the month follow-
   40  ing  collection  of  the  sex offender registration fee and DNA databank
   41  fee, the collecting authority shall determine  the  amount  of  the  sex
   42  offender  registration  fee and DNA databank fee collected and, if it is
   43  an administrative tribunal, or a town or village justice court, it shall
   44  then pay such money to the state  comptroller  who  shall  deposit  such
   45  money  in  the state treasury pursuant to section one hundred twenty-one
   46  of the state finance law to the credit of  the  general  fund.  If  such
   47  collecting  authority is any other court of the unified court system, it
   48  shall, within such period, pay such money attributable to the  mandatory
   49  surcharge  or  crime  victim assistance fee to the state commissioner of
   50  taxation and finance to the credit of the criminal  justice  improvement
   51  account established by section ninety-seven-bb of the state finance law.
   52  If  such  collecting  authority  is any other court of the unified court
   53  system, it shall, within such period, pay such money attributable to the
   54  sex offender registration fee and the DNA  databank  fee  to  the  state
   55  commissioner  of taxation and finance to the credit of the general fund.
   56  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ALL MONIES PAID
       S. 4091                             6
    1  TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF TAXATION AND  FINANCE
    2  WHICH  ARE  ATTRIBUTABLE  TO  MONIES COLLECTED FOR THE DOMESTIC VIOLENCE
    3  VICTIMS  ASSISTANCE  FEE  SHALL  BE  CREDITED  TO  THE  OFFICE  FOR  THE
    4  PREVENTION  OF  DOMESTIC  VIOLENCE AND SHALL BE USED FOR TRAINING OF LAW
    5  ENFORCEMENT PERSONNEL IN ISSUES INVOLVING DOMESTIC VIOLENCE.
    6    S 10. Subdivisions 8 and 10 of section 60.35 of the penal law,  subdi-
    7  vision  8 as amended by section 121 of subpart B of part C of chapter 62
    8  of the laws of 2011 and subdivision 10 as amended by section 2 of part Y
    9  of chapter 56 of the laws of 2008, are amended to read as follows:
   10    8. Subdivision one of section 130.10 of  the  criminal  procedure  law
   11  notwithstanding,  at the time that the mandatory surcharge, sex offender
   12  registration fee or DNA  databank  fee,  crime  victim  assistance  fee,
   13  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or supplemental sex offender
   14  victim fee is imposed a town or village court may, and all other  courts
   15  shall,  issue and cause to be served upon the person required to pay the
   16  mandatory surcharge, sex offender registration fee or DNA databank  fee,
   17  crime  victim assistance fee, DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE or
   18  supplemental sex offender victim fee,  a  summons  directing  that  such
   19  person  appear  before  the court regarding the payment of the mandatory
   20  surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
   21  victim  assistance  fee,  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or
   22  supplemental sex offender victim fee, if after sixty days from the  date
   23  it  was  imposed it remains unpaid. The designated date of appearance on
   24  the summons shall be set for the first day court is in  session  falling
   25  after  the  sixtieth day from the imposition of the mandatory surcharge,
   26  sex offender registration fee or DNA databank fee, crime victim  assist-
   27  ance  fee,  DOMESTIC  VIOLENCE VICTIM ASSISTANCE FEE or supplemental sex
   28  offender victim fee. The summons shall contain the information  required
   29  by  subdivision  two  of  section  130.10  of the criminal procedure law
   30  except that in substitution for the requirement of paragraph (c) of such
   31  subdivision the summons shall state that the person served  must  appear
   32  at  a date, time and specific location specified in the summons if after
   33  sixty days from the date of issuance the mandatory surcharge, sex offen-
   34  der registration fee or DNA databank fee, crime victim  assistance  fee,
   35  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE or supplemental sex offender
   36  victim fee remains unpaid. The court shall not  issue  a  summons  under
   37  this  subdivision  to  a  person  who  is  being  sentenced to a term of
   38  confinement in excess of sixty days in jail  or  in  the  department  of
   39  corrections  and  community  supervision.  The mandatory surcharges, sex
   40  offender registration fee and DNA databank fees, crime victim assistance
   41  fees, DOMESTIC VIOLENCE VICTIM  ASSISTANCE  FEES  and  supplemental  sex
   42  offender  victim  fees  for  those  persons  shall  be  governed  by the
   43  provisions of section 60.30 of this article.
   44    10. The provisions of this section shall apply  to  sentences  imposed
   45  upon a youthful offender finding; provided, however that the court shall
   46  not  impose  the  sex  offender registration fee, DNA databank fee [or],
   47  supplemental sex  offender  victim  fee,  OR  DOMESTIC  VIOLENCE  VICTIM
   48  ASSISTANCE  FEE  as defined in subparagraphs (iv) [and], (v) AND (VI) of
   49  paragraph (a) and paragraph (b) of subdivision one of this section,  for
   50  an  offense  in  which  the  conviction  was substituted with a youthful
   51  offender finding.
   52    S 11. Subdivision 3 and the closing paragraph of section 215.52 of the
   53  penal law, subdivision 3 as added and the closing paragraph  as  amended
   54  by chapter 350 of the laws of 2006, are amended to read as follows:
   55    3.  he  or  she  commits  the  crime of criminal contempt in the first
   56  degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of  subdi-
       S. 4091                             7
    1  vision (b) or subdivision (c) of section 215.51 of this article, and has
    2  been previously convicted of the crime of criminal contempt in the first
    3  degree, as defined in such subdivision (b), (c) or (d) of section 215.51
    4  of this article, within the preceding [five] TEN years.
    5    Aggravated criminal contempt is a class [D] C felony.
    6    S  12. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
    7  penal law, paragraph (b) as amended by chapter 148 of the laws of  2011,
    8  paragraph (c) as amended by chapter 405 of the laws of 2010, are amended
    9  to read as follows:
   10    (b)  Class  C violent felony offenses: an attempt to commit any of the
   11  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   12  vated criminally negligent homicide as defined in section 125.11, aggra-
   13  vated  manslaughter  in  the second degree as defined in section 125.21,
   14  aggravated sexual abuse in the  second  degree  as  defined  in  section
   15  130.67, assault on a peace officer, police officer, fireman or emergency
   16  medical services professional as defined in section 120.08, assault on a
   17  judge as defined in section 120.09, gang assault in the second degree as
   18  defined  in section 120.06, strangulation in the first degree as defined
   19  in section 121.13, burglary in the second degree as defined  in  section
   20  140.25,  robbery  in  the  second  degree  as defined in section 160.10,
   21  AGGRAVATED CRIMINAL CONTEMPT AS  DEFINED  IN  SECTION  215.52,  criminal
   22  possession  of  a  weapon  in  the  second  degree as defined in section
   23  265.03, criminal use of a firearm in the second  degree  as  defined  in
   24  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   25  defined in section 265.12, criminal sale of a firearm with the aid of  a
   26  minor  as defined in section 265.14, soliciting or providing support for
   27  an act of terrorism in the first degree as defined  in  section  490.15,
   28  hindering  prosecution  of  terrorism in the second degree as defined in
   29  section 490.30, and criminal possession of a chemical weapon or  biolog-
   30  ical weapon in the third degree as defined in section 490.37.
   31    (c)  Class  D violent felony offenses: an attempt to commit any of the
   32  class C felonies set forth in paragraph (b); reckless assault of a child
   33  as defined in section 120.02, assault in the second degree as defined in
   34  section 120.05, menacing a police officer or peace officer as defined in
   35  section 120.18, stalking in the first degree, as defined in  subdivision
   36  one  of section 120.60, strangulation in the second degree as defined in
   37  section 121.12, rape in the second degree as defined in section  130.30,
   38  criminal  sexual  act in the second degree as defined in section 130.45,
   39  sexual abuse in the first degree as defined in section 130.65, course of
   40  sexual conduct against a child  in  the  second  degree  as  defined  in
   41  section  130.80,  aggravated sexual abuse in the third degree as defined
   42  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   43  substance  as  defined in section 130.90, CRIMINAL CONTEMPT IN THE FIRST
   44  DEGREE AS DEFINED IN SUBDIVISION (B), (C)  OR  (D)  OF  SECTION  215.51,
   45  criminal possession of a weapon in the third degree as defined in subdi-
   46  vision  five,  six, seven or eight of section 265.02, criminal sale of a
   47  firearm in the third degree as defined in section 265.11, intimidating a
   48  victim or witness in the second degree as  defined  in  section  215.16,
   49  soliciting  or  providing  support for an act of terrorism in the second
   50  degree as defined in section 490.10, and making a terroristic threat  as
   51  defined  in  section  490.20, falsely reporting an incident in the first
   52  degree as defined in section 240.60, placing a false bomb  or  hazardous
   53  substance  in  the  first degree as defined in section 240.62, placing a
   54  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
   55  transportation  facility or enclosed shopping mall as defined in section
       S. 4091                             8
    1  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    2  first degree as defined in section 405.18.
    3    S  13. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
    4  penal law, as amended by chapter 1 of the laws of 2013, are  amended  to
    5  read as follows:
    6    (b)  Class  C violent felony offenses: an attempt to commit any of the
    7  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    8  vated criminally negligent homicide as defined in section 125.11, aggra-
    9  vated  manslaughter  in  the second degree as defined in section 125.21,
   10  aggravated sexual abuse in the  second  degree  as  defined  in  section
   11  130.67, assault on a peace officer, police officer, fireman or emergency
   12  medical services professional as defined in section 120.08, assault on a
   13  judge as defined in section 120.09, gang assault in the second degree as
   14  defined  in section 120.06, strangulation in the first degree as defined
   15  in section 121.13, burglary in the second degree as defined  in  section
   16  140.25,  robbery  in  the  second  degree  as defined in section 160.10,
   17  AGGRAVATED CRIMINAL CONTEMPT AS  DEFINED  IN  SECTION  215.52,  criminal
   18  possession  of  a  weapon  in  the  second  degree as defined in section
   19  265.03, criminal use of a firearm in the second  degree  as  defined  in
   20  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   21  defined in section 265.12, criminal sale of a firearm with the aid of  a
   22  minor  as defined in section 265.14, aggravated criminal possession of a
   23  weapon as defined in section 265.19, soliciting or providing support for
   24  an act of terrorism in the first degree as defined  in  section  490.15,
   25  hindering  prosecution  of  terrorism in the second degree as defined in
   26  section 490.30, and criminal possession of a chemical weapon or  biolog-
   27  ical weapon in the third degree as defined in section 490.37.
   28    (c)  Class  D violent felony offenses: an attempt to commit any of the
   29  class C felonies set forth in paragraph (b); reckless assault of a child
   30  as defined in section 120.02, assault in the second degree as defined in
   31  section 120.05, menacing a police officer or peace officer as defined in
   32  section 120.18, stalking in the first degree, as defined in  subdivision
   33  one  of section 120.60, strangulation in the second degree as defined in
   34  section 121.12, rape in the second degree as defined in section  130.30,
   35  criminal  sexual  act in the second degree as defined in section 130.45,
   36  sexual abuse in the first degree as defined in section 130.65, course of
   37  sexual conduct against a child  in  the  second  degree  as  defined  in
   38  section  130.80,  aggravated sexual abuse in the third degree as defined
   39  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   40  substance  as  defined in section 130.90, CRIMINAL CONTEMPT IN THE FIRST
   41  DEGREE AS DEFINED IN SUBDIVISION (B), (C)  OR  (D)  OF  SECTION  215.51,
   42  criminal possession of a weapon in the third degree as defined in subdi-
   43  vision  five, six, seven, eight, nine or ten of section 265.02, criminal
   44  sale of a firearm in the third degree  as  defined  in  section  265.11,
   45  intimidating  a  victim  or  witness  in the second degree as defined in
   46  section 215.16, soliciting or providing support for an act of  terrorism
   47  in  the second degree as defined in section 490.10, and making a terror-
   48  istic threat as defined in section 490.20, falsely reporting an incident
   49  in the first degree as defined in section 240.60, placing a  false  bomb
   50  or hazardous substance in the first degree as defined in section 240.62,
   51  placing  a  false  bomb  or  hazardous  substance in a sports stadium or
   52  arena, mass transportation facility or enclosed shopping mall as defined
   53  in section 240.63, and aggravated unpermitted use of indoor pyrotechnics
   54  in the first degree as defined in section 405.18.
       S. 4091                             9
    1    S 14. Paragraph (b) of subdivision 2 of section 510.30 of the criminal
    2  procedure law is relettered paragraph (c) and a  new  paragraph  (b)  is
    3  added to read as follows:
    4    (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
    5  MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
    6  DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS TITLE, THE COURT
    7  MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE  INTO
    8  ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
    9  WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
   10    (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
   11  AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   12    (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
   13  FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
   14  HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
   15  THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
   16    (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
   17  A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
   18  DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
   19    (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
   20  AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
   21  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
   22  SECTION 530.11 OF THIS TITLE; AND
   23    (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
   24    S 15. This act shall  take  effect  on  the  first  of  November  next
   25  succeeding  the  date  on  which  it  shall have become a law; provided,
   26  however, that if section 27 of chapter 1 of the laws of 2013 is  not  in
   27  effect  on  such  date then section twelve of this act is in effect only
   28  until section 27 of chapter 1 of the laws of 2013 takes effect when upon
   29  such date section thirteen of this act shall take effect.