S T A T E O F N E W Y O R K
________________________________________________________________________
8375
2009-2010 Regular Sessions
I N A S S E M B L Y
May 15, 2009
___________
Introduced by M. of A. WEINSTEIN, PAULIN, CHRISTENSEN, CYMBROWITZ,
GALEF, HOYT, KOON, MARKEY, MILLMAN, SCARBOROUGH -- Multi-Sponsored by
-- M. of A. GOTTFRIED, RUSSELL, SWEENEY, WEISENBERG -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in
relation to the concurrent jurisdiction of criminal courts and family
courts over certain sex offenses committed against family and house-
hold members
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 530.11 of
the criminal procedure law, as amended by chapter 326 of the laws of
2008, 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 DEFINED 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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11796-01-9
A. 8375 2
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 crimi-
nal courts shall mean the following:
S 2. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 326 of the laws of 2008, 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 DEFINED 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. 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:
S 3. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 635 of the laws of 1999, 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 DEFINED IN SUBDIVI-
SION ONE OF SECTION 130.60 OF THE PENAL LAW, stalking, CRIMINAL
MISCHIEF, menacing or reckless endangerment toward any such person;
[and]
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.