370.15 Procedure for determining whether certain misdemeanor crimesare crimes of domestic violence for purposes of federal
law.
1. When a defendant has been charged with assault or attempted assault in the third degree as defined in sections 120.00 and 110.00 of the penal law, menacing or attempted menacing in the second degree as defined in sections 120.14 and 110.00 of the penal law, criminal obstruction of breathing or blood circulation or attempted criminal obstruction of breathing or blood circulation as defined in sections 121.11 and 110.00 of the penal law, or forcible touching or attempted forcible touching as defined in sections 130.52 and 110.00 of the penal law, the people may, at arraignment or no later than forty-five days after arraignment, for the purpose of notification to the division of criminal justice services pursuant to section 380.97 of this part, serve on the defendant and file with the court a notice alleging that the defendant is related or situated to the victim of the crime in the manner specified in 18 U.S.C. 921(a)(33)(A)(ii).
2. Such notice shall include the name of the person alleged to be the victim of such crime and shall specify the nature of the alleged relationship as set forth in 18 U.S.C. 921(a)(33)(A)(ii). Upon conviction of such offense, the court shall advise the defendant that he or she is entitled to a hearing on the allegation contained in the notice and, if necessary, an adjournment of the sentencing proceeding in order to prepare for such hearing, and that if such allegation is sustained, that determination and conviction will be reported to the division of criminal justice services.
3. After having been advised by the court as provided in subdivision two of this section, the defendant may stipulate or admit, orally on the record or in writing, that he or she is related or situated to the victim of such crime in the manner described in subdivision one of this section. In such case, such relationship shall be deemed established for purposes of section 380.97 of this part. If the defendant denies that he or she is related or situated to the victim of the crime as alleged in the notice served by the people, or stands mute with respect to such allegation, then the people shall bear the burden to prove beyond a reasonable doubt that the defendant is related or situated to the victim in the manner alleged in the notice. The court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determination of the allegation. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established beyond a reasonable doubt and shall not be relitigated. At the conclusion of the hearing, or upon such a stipulation or admission, as applicable, the court shall make a specific written determination with respect to such allegation.
Last modified: February 3, 2019