{"jurisdiction": "us-ny", "code": "cpl", "section": "380.97", "citation": "CPL § 380.97", "heading": "Notification to division of criminal justice services of certain misdemeanor convictions", "text": ["§ 380.97 Notification to division of criminal justice services of", "certain misdemeanor convictions.", "Upon judgment of conviction of 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, or 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, when the defendant and victim have been determined, pursuant to section 370.15 of this part, to be members of the same family or household as defined in subdivision one of section 530.11 of this chapter, the clerk of the court shall include notification and a copy of the written determination in a report of such conviction to the division of criminal justice services to enable the division to report such determination to the Federal Bureau of Investigation and assist the bureau in identifying persons prohibited from purchasing and possessing a firearm or other weapon due to conviction of an offense specified in paragraph c of subdivision seventeen of section 265.00 of the penal law."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/380.97", "from_official_api": true, "plain_english": "On conviction of an enumerated misdemeanor (assault 3°, menacing 3°/2°, criminal obstruction of breathing, unlawful imprisonment 2°, coercion 3°, criminal tampering 3°, criminal contempt 2°, harassment 1°, aggravated harassment 2°, criminal trespass 3°/2°, arson 5°, or an attempt at any) — **where the defendant and victim were determined (per § 370.15) to be members of the same family or household (§ 530.11(1))** — the **clerk of the court must include notification and a copy of the written determination** in the conviction report to **DCJS**, so DCJS can report it to the **FBI** for firearm-prohibition identification (Penal Law § 265.00(17)(c)). ★\n\n---\n\n**★ Exam hits:**\n- **Sentence is mandatory in every conviction (§ 380.20) — on every count** — pronounced **without unreasonable delay** and with the **defendant personally present** (waivable only for misdemeanor/petty offense, by signed waiver).\n- **Allocution:** court **must ask the defendant** if he wishes to speak; order is prosecutor → defense → defendant, with the **victim's statement first** among these.\n- **Victim (felony):** must request **≥10 days** before sentencing; court notifies defendant **≥7 days** before. Notification-demand and name-change forms go to the victim **within 60 days**; recapture notice **within 48 hours**.\n- **Sentence and commitment / certificate of conviction = the authority to execute the sentence** — no other warrant needed (§ 380.60).\n- **Stenographic minutes** of an indeterminate/determinate imprisonment sentence delivered to the institution **within 30 days** (§ 380.70).\n- **Firearm surrender:** judge **must demand** surrender on qualifying convictions; failure to demand **doesn't void the revocation** (§ 380.96).\n- **§ 380.97 is the CLERK's duty:** report qualifying **domestic-violence misdemeanors** (family/household member per § 370.15) to **DCJS** for the FBI/firearm database.\n- Article 380 applies to **every offense**, inside or outside the Penal Law (§ 380.10).\n\n\n---\n*Verbatim statute:* [[CPL - Article 380]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/380.97", "publisher": "Elyphived LLC"}