New York S 7098: Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offenses and designates such offenses as family offenses

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S07098 Summary:

BILL NOS07098 

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SAME ASNo Same As

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SPONSORLANZA

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COSPNSR

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MLTSPNSR

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Add §§120.75, 120.80 & 120.85, Pen L; add §200.64, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act

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Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

Go to top S07098 Actions:

BILL NOS07098 

&nbsp

04/01/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07098 Committee&nbspVotes:

Go to topS07098 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07098 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7098

 2025-2026 Regular Sessions

 IN SENATE

 April 1, 2025
 ___________

 Introduced by Sen. LANZA -- 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 establishing domestic
 abuse offenses; to amend the criminal procedure law, in relation to
 providing for a special information in the indictment of certain felo-
 ny domestic abuse offenses and procedures for determining whether
 domestic abuse misdemeanors are crimes of domestic violence for
 purposes of federal law; and to amend the criminal procedure law and
 the family court act, in relation to including domestic abuse in the
 first and second degrees as family offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding three new sections
 2 120.75, 120.80 and 120.85 to read as follows:
 3 § 120.75 Definitions; domestic abuse.
 4 For the purposes of sections 120.80 and 120.85 of this article:
 5 1. "Domestic partner" shall mean a person who is living or has lived
 6 together with another person for an extended duration in an intimate
 7 relationship marked by sexual, physical or financial interdependence.
 8 2. "Fellow parent of a child in common" shall mean a person who has a
 9 child in common with another person regardless of whether such persons
 10 were married or have lived together.
 11 3. "Former spouse" shall mean a person formerly married to another
 12 person regardless of whether such persons still reside in the same
 13 household.
 14 4. "Spouse" shall mean a person legally married to another person.
 15 § 120.80 Domestic abuse in the second degree.
 16 A person is guilty of domestic abuse in the second degree when, with
 17 intent to harass, annoy or alarm their spouse, former spouse, fellow
 18 parent of a child in common or domestic partner, such person causes

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11341-01-5

 S. 7098 2

 1 physical injury to such spouse, former spouse, fellow parent of a child
 2 in common or domestic partner.
 3 Domestic abuse in the second degree is a class A misdemeanor.
 4 § 120.85 Domestic abuse in the first degree.
 5 A person is guilty of domestic abuse in the first degree when:
 6 1. With intent to cause physical injury to their spouse, former
 7 spouse, fellow parent of a child in common or domestic partner, such
 8 person causes such injury to such spouse, former spouse, fellow parent
 9 of a child in common or domestic partner, or to a third person; or
 10 2. Such person recklessly causes physical injury to their spouse,
 11 former spouse, fellow parent of a child in common or domestic partner;
 12 or
 13 3. With criminal negligence, such person causes physical injury to
 14 their spouse, former spouse, fellow parent of a child in common or
 15 domestic partner by means of a deadly weapon or dangerous instrument; or
 16 4. Such person commits a crime against their spouse, former spouse,
 17 fellow parent of a child in common or domestic partner, and such person
 18 has previously been convicted of a crime against their spouse, former
 19 spouse, fellow parent of a child in common or domestic partner wi