S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 405                                                    A. 316

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families

IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- read once and referred
  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 separately amended by chapters 341 and  405  of
the laws of 2010, 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, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation 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 respon-

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

                                                           LBD00266-01-1

S. 405                              2                             A. 316

sible 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 ACCORD-
ANCE WITH ARTICLE SEVEN, RATHER THAN THIS ARTICLE, OF THIS ACT. Notwith-
standing a complainant's election to proceed in family court, the crimi-
nal court shall not be divested of jurisdiction to hear a family offense
proceeding pursuant to this section. In any proceeding pursuant to  this
article,  a  court  shall  not deny an order of protection, or dismiss a
petition, solely on the basis that the acts or events  alleged  are  not
relatively contemporaneous with the date of the petition, the conclusion
of  the fact-finding or the conclusion of the dispositional hearing. 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:
  S  2.  The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 405 of the laws  of  2010,
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,  strangulation  in  the  first
degree,  strangulation  in  the  second  degree, criminal obstruction of
breathing or blood circulation, 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 criminal-
ly 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  OF  THE  FAMILY  COURT  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
section,  "disorderly  conduct"  includes  disorderly  conduct  not in a
public place. For purposes of this section, "members of the same  family
or  household" with respect to a proceeding in the criminal courts shall
mean the following:
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to petitions filed on or after such
effective date.