Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 10, 2010 |
advanced to third reading |
Jun 09, 2010 |
2nd report cal. |
Jun 08, 2010 |
1st report cal.843 |
May 11, 2010 |
reported and committed to codes |
Mar 03, 2010 |
referred to children and families |
Senate Bill S6981
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, IP) Senate District
2009-S6981 (ACTIVE) - Details
2009-S6981 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6981 TITLE OF BILL : An act to amend the family court act and the criminal procedure law, in relation to family offenses alleged to have been committed by juveniles under the age of eighteen As part of the 2005 New York State budget, the Legislature enacted landmark legislation significantly expanding the requirements for services to be provided to children and families as a means of preventing unnecessary prosecutions and costly out-of-home placements of Persons in Need of Supervision (PINS) cases. See L. 2005, c. 57. Unfortunately, all too often, prosecutions of juveniles by their parents under the family offense provisions of sections 530.11 et seq of the Criminal Procedure Law and Article 8 of the Family Court Act have become a rapidly escalating means of evading the clear requirements and protections for youth, as well as the family services available, under the 2005 PINS legislation. See People v Simmey R., 12 Misc3d 1189(A)(Crim Ct Kings Co, 2006). The increase in the PINS age ceiling to 18, thus expanding Family Court's jurisdiction to address family dysfunction involving older adolescents, was not accompanied by any change in statutes according the Family Court exclusive jurisdiction over family offenses involving juveniles not criminally responsible by reason of age, generally juveniles under the age of 16 or, in the case of juvenile offenses prosecuted in criminal courts,
2009-S6981 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6981 I N S E N A T E March 3, 2010 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act and the criminal procedure law, in relation to family offenses alleged to have been committed by juve- niles under the age of eighteen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 476 of the laws of 2009, is amended to read as follows: The family court and the criminal courts shall have concurrent juris- diction over any proceeding concerning acts which would constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, assault in the second degree, assault in the third degree or an attempted assault between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. FAMILY OFFENSES ALLEGED TO HAVE BEEN COMMITTED BY A CHILD UNDER THE AGE OF EIGHTEEN AGAINST A PARENT OR GUARDIAN SHALL BE ADDRESSED IN ACCORDANCE WITH ARTICLE SEVEN, RATHER THAN THIS ARTICLE, OF THIS ACT. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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