senate Bill S4302A

Relates to allegations in family offense petitions

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 28 / Mar / 2011
    • REFERRED TO JUDICIARY
  • 11 / May / 2011
    • AMEND (T) AND RECOMMIT TO JUDICIARY
  • 11 / May / 2011
    • PRINT NUMBER 4302A
  • 01 / Jun / 2011
    • 1ST REPORT CAL.914
  • 02 / Jun / 2011
    • 2ND REPORT CAL.
  • 06 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 23 / Jun / 2011
    • SUBSTITUTED BY A7632

Summary

Relates to allegations in family offense petitions.

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Bill Details

See Assembly Version of this Bill:
A7632
Versions:
S4302
S4302A
Legislative Cycle:
2011-2012
Law Section:
Family Court Act
Laws Affected:
Amd §821, Fam Ct Act

Sponsor Memo

BILL NUMBER:S4302A

TITLE OF BILL:
An act
to amend the family court act, in
relation to
allegations in family offense petitions

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

This measure would conform Family Court Act §821 to a recent amendment
to Family Court Act §812. Chapter 405 of the Laws of 2010 added
strangulation and criminal obstruction of breathing and blood
circulation to the list of family offenses for which family and
criminal courts exercise concurrent jurisdiction, but failed to add
these new crimes to the family offenses that may be alleged in a
petition brought under Article 8 of the Family Court Act. Several
cases have resulted in summary dismissals of family offense petitions
that failed to allege family offenses enumerated in Family Court Act

§821, underscoring the importance of enumerating all offenses listed
in Family Court Act §812 in Family Court Act §821 as well. See, e.g.,
Brennan v. Anesi, 283 A.D.2d 693 (3d Dept. 2001); Jones v. Roper, 187
A.D.2d 593 (2d Dept. 1992); Matter of Paulette PG v.
Evan eG, 26 Misc.3d 323 (Fam. Ct., Bronx Co., 2009). This measure,
therefore, would add strangulation and criminal obstruction of
breathing and blood circulation to the possible allegations set forth
in Family Court Act §821.

This measure would have no fiscal impact upon the State, and would
take effect immediately.

LEGISLATIVE HISTORY:
None. New proposal.

EFFECTIVE DATE:
Immediately.

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

                                 4302--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Judiciary -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the family court act,  in  relation  to  allegations  in
  family offense petitions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (a) of subdivision 1 of section 821 of the fami-
ly court act, as amended by chapter 476 of the laws of 2009, is  amended
to read as follows:
  (a)  An  allegation  that  the  respondent  assaulted  or attempted to
assault his or her spouse, or former  spouse,  parent,  child  or  other
member of the same family or household or engaged in disorderly conduct,
harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
mischief,  menacing [or], reckless endangerment, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION OR STRANGULATION toward any such person;
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-02-1

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