New York A 4497: Relates to termination of a residential lease upon the death of a tenant

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A04497 Summary:

BILL NOA04497 

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SAME ASSAME AS S03453

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SPONSORGallahan

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COSPNSR

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MLTSPNSR

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Amd Pen L, generally; amd §510.30, CP L

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Relates to enhancing penalties and protecting victims of crimes of domestic violence.

Go to top A04497 Actions:

BILL NOA04497 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04497 Committee&nbspVotes:

Go to topA04497 Floor&nbspVotes:

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

Go to topA04497 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4497

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
 tee 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 188 of the laws of 2014, is amended to read as
 3 follows:
 4 5. [He or she] Such person commits the crime of harassment in the
 5 first degree or second degree and has previously been convicted of the
 6 crime of harassment in the first degree or second degree as defined by
 7 section 240.25 or 240.26 of this article within the preceding ten years.
 8 § 2. The section heading, opening paragraph and closing paragraph of
 9 section 240.31 of the penal law, the section heading and closing para-
 10 graph as amended by chapter 49 of the laws of 2006 and the opening para-
 11 graph as amended by chapter 8 of the laws of 2019, are amended to read
 12 as follows:
 13 [Aggravated] Bias related aggravated harassment [in the first degree].
 14 A person is guilty of bias related aggravated harassment [in the first
 15 degree] when with intent to harass, annoy, threaten or alarm another
 16 person, because of a belief or perception regarding such person's race,
 17 color, national origin, ancestry, gender, gender identity or expression,
 18 religion, religious practice, age, disability or sexual orientation,
 19 regardless of whether the belief or perception is correct, [he or she]
 20 such person:
 21 [Aggravated] Bias related aggravated harassment [in the first degree]
 22 is a class E felony.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07214-01-5

 A. 4497 2

 1 § 3. The penal law is amended by adding a new section 240.29 to read
 2 as follows:
 3 § 240.29 Aggravated harassment in the first degree.
 4 A person is guilty of a aggravated harassment in the first degree when
 5 with intent to harass, annoy, threaten, or alarm another person, such
 6 person commits the crime of aggravated harassment in the second degree
 7 in the manner proscribed by the provisions of subdivision one, two or
 8 five of section 240.30 of this article and has previously been convicted
 9 of the crime of aggravated harassment in the second degree for the
 10 commission of conduct proscribed by the provisions of subdivision one,
 11 two or five of section 240.30 of this article within the preceding ten
 12 years and such person is a member of the same family or household as the
 13 person upon whom the present offense is committed. For the purposes of
 14 this section "members of the same family or household" shall have the
 15 same meaning as is defined in section 530.11 of the criminal procedure
 16 law.
 17 Aggravated harassment in the first degree is a class E felony.
 18 § 4. Section 120.05 of the penal law is amended by adding a new subdi-
 19 vision 15 to read as follows:
 20 15. Such person commits the crime of assault in the third degree as
 21 defined in section 120.00 of this article against another person and
 22 such person has been previously convicted of any offense defined by any
 23 of the following provisions of this chapter: section 120.00 (assault in
 24 the third degree); section 120.05 (assault in the second degree);
 25 section 120.10 (assault in the first degree); section