§ 370.15 Procedure  for  determining  whether certain misdemeanor crimes
           are serious offenses under the penal law.
  1. When a defendant has been charged with assault in the third degree,
menacing in the third degree, menacing in the  second  degree,  criminal
obstruction  of breathing or blood circulation, unlawful imprisonment in
the second degree, coercion in the third degree, criminal  tampering  in
the  third degree, criminal contempt in the second degree, harassment in
the first degree, aggravated harassment in the second  degree,  criminal
trespass  in  the  third degree, criminal trespass in the second degree,
arson in the fifth degree, or attempt to commit any of the  above-listed
offenses,  the  people  may,  at arraignment or no later than forty-five
days after arraignment, serve on the defendant and file with the court a
notice alleging that the defendant and the  person  alleged  to  be  the
victim  of  such  crime  were members of the same family or household as
defined in subdivision one of section 530.11 of this chapter.
  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 subdivision one of section 530.11  of  this
chapter.  Upon  conviction  of  such offense, the court shall advise the
defendant that he or she is entitled to a hearing solely on the  allega-
tion  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.
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 allega-
tion. 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.

(Amended by L.2018 c.60 effective 06/11/18.)