NY State Assembly Bill 2009-A10237

Archive: Last Bill Status - In Assembly Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2010	referred to codes

co-Sponsors

2009-A10237 (ACTIVE) - Details

See Senate Version of this Bill:: S7111
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§460.10, 120.05 & 70.02, add §§120.71 - 120.73, Pen L; amd §§190.25 & 700.05, CP L; amd §115-d, Dom Rel L; amd §995, Exec L; amd §378-a, Soc Serv L; amd §812, Fam Ct Act

2009-A10237 (ACTIVE) - Summary

Establishes offenses of throttling and strangulation.

2009-A10237 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10237

TITLE  OF  BILL:   An act to amend the penal law, the criminal procedure
law, the domestic relations law, the executive  law,  the  family  court
act, and the social services law, in relation to throttling and strangu-
lation

PURPOSE:    The bill creates new crimes of Throttling and Strangulation.
It increases penalties when a person applies pressure to the  throat  or
neck  of  another person or blocks a person's nose or throat with intent
to impede normal breathing or blood  circulation.  Additional  penalties
are  also  provided when such conduct results in stupor, unconsciousness
or physical injury.

SUMMARY OF PROVISIONS:  Section one of the bill amends Penal Law section
70.02 to add a new crime, Strangulation (PL  120.72),  to  the  list  of
class  C  violent  felony  offenses. Separately, bill section two amends
subdivision 5 of section 120.05 of the Penal Law to add similar acts  to
the  type  of  conduct  that constitutes Assault in the Second Degree, a
class D violent felony offense.

Section three adds the new crime of Throttling (PL  120.71).  Throttling
occurs  when  a  person,  with  intent to impede the normal breathing or
circulation of the blood of another  person,  applies  pressure  to  the
throat or neck or blocks the nose or throat of a person.

Section  four adds the new crime of Strangulation (PL 120.72).  Strangu-
lation occurs when a person commits the crime of throttling  (PL120.71),
or  Assault  in  the Second Degree (as defined in PL 120.05 (51(b)), and
causes physical injury to the victim. Strangulation is a class C violent
felony offense.

Section five provides an affirmative defense applicable only  when  such
conduct occurs for a valid medical or dental purpose.

Section  six  amends  PL section 190.25 to provide that a social worker,
rape crisis counselor, psychologist or other professional may be present
in the grand jury room to support a young witness who is called to  give
evidence in a grand jury proceeding concerning the new felony strangula-
tion crime.

Section  seven  amends  section  700.05 of the Criminal Procedure Law to
authorize law enforcement authorities to use wiretaps and similar eaves-
dropping devices when investigating the possible commission of  the  new
felony strangulation crime.

Section  eight  amends section 1154 of the Domestic Relations Law to add
the new felony strangulation crime to the list of crimes that constitute
"spousal abuse" for purposes of denying an application for certification
as a qualified adoptive parent.

Section nine amends section 955 of the Executive  Law  to  add  the  new
Throttling  crime  to the list of misdemeanor crimes for which a defend-
ant, upon conviction, is required to submit a DNA sample for  the  State
DNA Identification Index.

Section  ten  adds  the  new  felony  strangulation crime to the list of
crimes that may be subject to prosecution and enhanced  penalties  under
the state's Organized Crime Control Act (PL Article 460).

Section  eleven amends paragraph (j) of subdivision (2) of section 378-a
of the Social Services Law to include the new felony strangulation crime
to the list of crimes that constitute "spousal abuse," for  purposes  of
denying  an application for certification or approval as a foster parent
or adoptive parent.

Section twelve adds the new throttling and strangulation crimes  to  the
list  of  offenses that are subject to the concurrent enforcement juris-
diction of the family court, and criminal courts,  pursuant  to  Section
812 of the Family Court Act.

Section  thirteen  provides  that the bill shall take effect ninety days
after it shall have become a law.

EXISTING LAW:  No crime in the Penal Law expressly addresses the  inten-
tional blocking of a victim's circulation or breathing by throttling the
neck  or  covering  the  mouth or nose of the victim. Under some circum-
stances; New York courts have found this conduct to meet  the  statutory
definition of assault; in other circumstances, the courts have not.  See
e.g.  People  v. Cannonoff, 300 A.D.2d 407, 408 (2nd Dept. 2002); People
v. Bonney, 69 A.D.3d 1116 (3d Dept. 2010)  (attempted  murder);  compare
People  v. Lewis, 294 A.D.2d 847 (4th Dept. 2002). In cases where courts
determined that such conduct did not meet  the  definition  of  assault,
perpetrators  have  been  convicted  only  of  lesser  crimes,  such  as
attempted assault, menacing and harassment.  See, e.g., People v. Lewis,
supra.

JUSTIFICATION:  Throttling and strangulation are among the  most  poten-
tially lethal forms of abuse. When perpetrators of domestic violence use
these  acts to silence their victims, it is a form of power -and control
that has devastating psychological effects and can cause an irreversible
and fatal outcome.

Throttling and strangulation epitomize the power dynamic in most  domes-
tic  violence  cases.  This  is because these acts send a message to the
victim that the batterer holds the power to take the  victim's  life  --
with  little  effort  -- in a short period of time, in a manner that may
leave little evidence of an altercation.

Eleven pounds or more of pressure applied to a person's  neck  for  just
ten  seconds  can  cause  unconsciousness.  Death  can occur in minutes.
While these acts are incredibly dangerous -- one study found that stran-
gulation represents ten percent of violent deaths in the U.S.  each year

(involving six female victims to every male) -- non-homicidal throttling
and strangulation may be difficult to prove because, often, these crimes
leave no visible bruise or mark. One recent California study, for  exam-
ple, found that in a majority of misdemeanor cases involving pressure on
the neck, police reported no visible sign of injury.

Throttling  and  strangulation  can  be extremely painful. The suffering
endured by these victims often includes torment caused by  the  blocking
of blood flow and/or near asphyxiation; it is not necessarily limited to
"pain" alone.

Effectively  prosecuting cases involving throttling and strangulation is
challenging under current law. By expressly addressing this  conduct  in
discretely  defined  crimes, and significantly increasing the applicable
penalties, this bill will assure that perpetrators of these  reprehensi-
ble crimes are successfully prosecuted and punished.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  There are no direct fiscal implications.

EFFECTIVE  DATE:    The  bill takes effect on the ninetieth day after it
shall have become a law.

2009-A10237 (ACTIVE) - Bill Text download pdf

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

                                  10237

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced  by  M.  of  A. LENTOL, GABRYSZAK, WEINSTEIN -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, the criminal procedure law, the  domestic
  relations law, the executive law, the family court act, and the social
  services law, in relation to throttling and strangulation

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

  Section 1. Paragraph (b) of subdivision 1  of  section  70.02  of  the
penal  law, as separately amended by chapters 764 and 765 of the laws of
2005, is amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B  felonies  set  forth  in  paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in  section  125.21,  aggravated  sexual
abuse  in  the  second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional  as  defined  in section 120.08, gang assault in the second
degree as defined in section 120.06, STRANGULATION AS DEFINED IN SECTION
120.72, burglary in the second degree  as  defined  in  section  140.25,
robbery  in  the  second  degree  as defined in section 160.10, criminal
possession of a weapon in  the  second  degree  as  defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, criminal sale of a  firearm  in  the  second  degree  as
defined  in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, soliciting or providing support  for
an  act  of  terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree  as  defined  in
section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  S 2. Subdivision 5 of section 120.05 of the penal law, as  amended  by
chapter 134 of the laws of 1975, is amended to read as follows:
  5.  For  a purpose other than lawful medical or therapeutic treatment,
he  intentionally  causes  stupor,  unconsciousness  or  other  physical
impairment  or injury to another person [by administering to him], with-

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

A                                                          LBD16349-03-0

A. 10237                            2

out his consent, BY (A) ADMINISTERING TO HIM a drug, substance or prepa-
ration capable of producing the same; OR (B) APPLYING  PRESSURE  ON  THE
THROAT OR NECK OR BLOCKING THE NOSE OR MOUTH OF SUCH PERSON; or
  S  3.  The penal law is amended by adding a new section 120.71 to read
as follows:
S 120.71 THROTTLING.
  A PERSON IS GUILTY OF THROTTLING  WHEN,  WITH  INTENT  TO  IMPEDE  THE
NORMAL  BREATHING  OR  CIRCULATION OF THE BLOOD OF ANOTHER PERSON, HE OR
SHE:
  A. APPLIES PRESSURE ON THE THROAT OR NECK OF SUCH PERSON; OR
  B. BLOCKS THE NOSE OR MOUTH OF SUCH PERSON.
  THROTTLING IS A CLASS A MISDEMEANOR.
  S 4. The penal law is amended by adding a new section 120.72  to  read
as follows:
S 120.72 STRANGULATION.
  A  PERSON  IS GUILTY OF STRANGULATION WHEN HE OR SHE COMMITS THE CRIME
OF THROTTLING, AS DEFINED IN SECTION 120.71 OF THIS ARTICLE  OR  ASSAULT
IN THE SECOND DEGREE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION FIVE OF
SECTION 120.05 OF THIS ARTICLE, AND CAUSES PHYSICAL INJURY TO SUCH OTHER
PERSON.
  STRANGULATION IS A CLASS C FELONY.
  S  5.  The penal law is amended by adding a new section 120.73 to read
as follows:
S 120.73 MEDICAL OR DENTAL PURPOSE.
  FOR PURPOSES OF SECTIONS 120.71 AND 120.72 OF THIS ARTICLE,  IT  SHALL
BE  AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT PERFORMED SUCH CONDUCT FOR
A VALID MEDICAL OR DENTAL PURPOSE.
  S 6. Paragraph (h) of subdivision 3 of section 190.25 of the  criminal
procedure  law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:
  (h) A social worker, rape  crisis  counselor,  psychologist  or  other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning  a  crime  defined in article one hundred thirty, article two
hundred sixty, section 120.10, 120.72, 125.10, 125.15,  125.20,  125.25,
125.26,  125.27, 255.25, 255.26 or 255.27 of the penal law provided that
the district attorney consents. Such support person  shall  not  provide
the  witness  with an answer to any question or otherwise participate in
such proceeding and shall first take an oath before the grand jury  that
he or she will keep secret all matters before such grand jury within his
or her knowledge.
  S  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30  of  the  penal  law,
STRANGULATION  AS DEFINED IN SECTION 120.72 OF THE PENAL LAW, criminally
negligent homicide as defined  in  section  125.10  of  the  penal  law,
manslaughter  in  the  second degree as defined in section 125.15 of the
penal law, manslaughter in the first degree as defined in section 125.20
of the penal law, murder in the second  degree  as  defined  in  section
125.25  of  the  penal  law,  murder  in  the first degree as defined in
section 125.27 of the penal  law,  abortion  in  the  second  degree  as

A. 10237                            3

defined in section 125.40 of the penal law, abortion in the first degree
as  defined in section 125.45 of the penal law, rape in the third degree
as defined in section 130.25 of the penal law, rape in the second degree
as  defined in section 130.30 of the penal law, rape in the first degree
as defined in section 130.35 of the penal law, criminal  sexual  act  in
the third degree as defined in section 130.40 of the penal law, criminal
sexual  act  in  the  second  degree as defined in section 130.45 of the
penal law, criminal sexual act in the first degree as defined in section
130.50 of the penal law, sexual abuse in the first degree as defined  in
section  130.65  of  the  penal  law, unlawful imprisonment in the first
degree as defined in section 135.10 of the penal law, kidnapping in  the
second  degree as defined in section 135.20 of the penal law, kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking as defined in section 135.35 of  the  penal  law,  custodial
interference  in  the  first  degree as defined in section 135.50 of the
penal law, coercion in the first degree as defined in section 135.65  of
the  penal  law,  criminal  trespass  in  the first degree as defined in
section 140.17 of the penal law, burglary in the third degree as defined
in section 140.20 of the penal law, burglary in  the  second  degree  as
defined in section 140.25 of the penal law, burglary in the first degree
as  defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of  the  penal  law,  criminal
mischief  in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section  145.12
of  the  penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree  as  defined
in section 150.05 of the penal law, arson in the third degree as defined
in  section  150.10  of  the  penal  law,  arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the  fourth
degree  as  defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the  penal  law,  grand
larceny  in  the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section  155.42  of
the  penal  law,  health  care  fraud in the fourth degree as defined in
section 177.10 of the penal law, health care fraud in the  third  degree
as  defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery in the third degree as defined in section 160.05  of  the  penal
law,  robbery  in  the second degree as defined in section 160.10 of the
penal law, robbery in the first degree as defined in section  160.15  of
the  penal law, unlawful use of secret scientific material as defined in
section 165.07 of the penal law, criminal possession of stolen  property
in  the  fourth  degree  as  defined in section 165.45 of the penal law,
criminal possession of stolen property in the third degree as defined in
section 165.50 of the penal law, criminal possession of stolen  property
in  the  second  degree  as  defined by section 165.52 of the penal law,
criminal possession of stolen property in the first degree as defined by
section 165.54 of the penal law, trademark counterfeiting in the  second
degree as defined in section 165.72 of the penal law, trademark counter-
feiting  in  the  first degree as defined in section 165.73 of the penal
law, forgery in the second degree as defined in section  170.10  of  the
penal  law,  forgery in the first degree as defined in section 170.15 of
the penal law, criminal possession of a forged instrument in the  second
degree  as  defined  in  section  170.25  of  the  penal  law,  criminal

A. 10237                            4

possession of a forged instrument in the  first  degree  as  defined  in
section  170.30 of the penal law, criminal possession of forgery devices
as defined in section 170.40  of  the  penal  law,  falsifying  business
records  in  the  first degree as defined in section 175.10 of the penal
law, tampering with public records in the first  degree  as  defined  in
section  175.25 of the penal law, offering a false instrument for filing
in the first degree as defined in section 175.35 of the penal law, issu-
ing a false certificate as defined in section 175.40 of the  penal  law,
criminal  diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the  penal  law,  criminal
diversion  of  prescription  medications  and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential  mort-
gage  fraud  in  the  fourth  degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined  in
section  187.15  of  the  penal  law,  residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25  of  the
penal  law,  escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in  section  205.15
of  the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison  contra-
band  in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section  205.60
of  the  penal law, hindering prosecution in the first degree as defined
in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
section  230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five  of  section
265.02  of  the penal law, criminal possession of a weapon in the second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession  of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement  of
weapons  and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10  of  the  penal  law,
sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the  penal
law,  relating  to  firearms  and other dangerous weapons, or failure to
disclose the origin of a recording in the first  degree  as  defined  in
section 275.40 of the penal law;
  S 8. Paragraph (c) of subdivision 3-a of section 115-d of the domestic
relations  law, as added by chapter 7 of the laws of 1999, is amended to
read as follows:
  (c) For the purposes  of  this  subdivision,  "spousal  abuse"  is  an
offense  defined  in  section 120.05 [or], 120.10 OR 120.72 of the penal
law where the  victim  of  such  offense  was  the  defendant's  spouse;
provided,  however, spousal abuse shall not include a crime in which the
applicant was the defendant, and the court finds in accordance with this
subdivision that he or she was the victim of physical, sexual or psycho-
logical abuse by the victim of such offense and such abuse was a  factor
in causing the applicant to commit such offense.
  S  9.  Paragraph  (f) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (f)  any of the following misdemeanors: assault in the third degree as
defined in section 120.00 of the penal law; attempted aggravated assault
upon a person less than eleven years old, as defined in  section  110.00
and  section  120.12  of  the penal law; attempted menacing in the first

A. 10237                            5

degree, as defined in section 110.00 and section  120.13  of  the  penal
law;  menacing  in the second degree as defined in section 120.14 of the
penal law; menacing in the third degree as defined in section 120.15  of
the  penal law; reckless endangerment in the second degree as defined in
section 120.20 of the penal  law;  stalking  in  the  fourth  degree  as
defined in section 120.45 of the penal law; stalking in the third degree
as defined in section 120.50 of the penal law; attempted stalking in the
second  degree,  as  defined in section 110.00 and section 120.55 of the
penal law; THROTTLING AS DEFINED IN SECTION 120.71  OF  THE  PENAL  LAW;
forcible  touching as defined in section 130.52 of the penal law regard-
less of the age of the victim; sexual  abuse  in  the  third  degree  as
defined  in section 130.55 of the penal law regardless of the age of the
victim; unlawful imprisonment in the second degree as defined in section
135.05 of the penal law regardless of the age of the  victim;  attempted
unlawful  imprisonment in the first degree, as defined in section 110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal trespass in the second degree as defined in section  140.15  of
the  penal  law;  possession  of  burglar's  tools as defined in section
140.35 of the penal law; petit larceny as defined in section  155.25  of
the  penal law; endangering the welfare of a child as defined in section
260.10 of the penal law; endangering the welfare of  an  incompetent  or
physically disabled person as defined in section 260.25.
  S  10.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
law, as amended by section 30 of part AAA of chapter 56 of the  laws  of
2009, is amended to read as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; SECTION 120.72 RELATING TO STRAN-
GULATION; sections 125.10  to  125.27  relating  to  homicide;  sections
130.25,  130.30  and 130.35 relating to rape; sections 135.20 and 135.25
relating to kidnapping; section 135.35 relating  to  labor  trafficking;
section  135.65 relating to coercion; sections 140.20, 140.25 and 140.30
relating to burglary; sections 145.05, 145.10  and  145.12  relating  to
criminal mischief; article one hundred fifty relating to arson; sections
155.30,  155.35,  155.40  and 155.42 relating to grand larceny; sections
177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article
one hundred sixty relating to robbery; sections 165.45,  165.50,  165.52
and  165.54 relating to criminal possession of stolen property; sections
165.72 and 165.73 relating to trademark counterfeiting; sections 170.10,
170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating  to  forgery;
sections  175.10,  175.25,  175.35,  175.40 and 210.40 relating to false
statements; sections 176.15,  176.20,  176.25  and  176.30  relating  to
insurance  fraud; sections 178.20 and 178.25 relating to criminal diver-
sion of prescription medications  and  prescriptions;  sections  180.03,
180.08,  180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10,
200.11, 200.12, 200.20,  200.22,  200.25,  200.27,  215.00,  215.05  and
215.19  relating  to bribery; sections 187.10, 187.15, 187.20 and 187.25
relating to residential  mortgage  fraud,  sections  190.40  and  190.42
relating  to  criminal  usury;  section  190.65  relating  to schemes to
defraud; sections 205.60 and 205.65 relating to  hindering  prosecution;
sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with  physical  evidence;  sections
220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43,  220.46,  220.55,  220.60  and  220.77  relating  to  controlled
substances;  sections  225.10  and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
230.34  relating to sex trafficking; sections 235.06, 235.07, 235.21 and

A. 10237                            6

235.22 relating to obscenity; sections 263.10  and  263.15  relating  to
promoting  a  sexual  performance  by  a child; sections 265.02, 265.03,
265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section  265.10
which constitute a felony relating to firearms and other dangerous weap-
ons;  and  sections  265.14  and  265.16  relating to criminal sale of a
firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
thorized recordings; and sections  470.05,  470.10,  470.15  and  470.20
relating to money laundering; or
  S  11.  Paragraph  (j) of subdivision 2 of section 378-a of the social
services law, as added by chapter 7 of the laws of 1999, is  amended  to
read as follows:
  (j) For the purposes of this subdivision "spousal abuse" is an offense
defined  in section 120.05 [or], 120.10 OR 120.72 of the penal law where
the victim of such offense was the defendant's spouse; provided,  howev-
er,  spousal  abuse  shall  not include a crime in which the prospective
foster parent or prospective adoptive parent, who was the defendant, has
received notice pursuant to paragraph (g) of this  subdivision  and  the
office  of  children and family services finds after a fair hearing held
pursuant to section twenty-two of this chapter, that he or she  was  the
victim  of physical, sexual or psychological abuse by the victim of such
offense and such abuse was a factor in causing  the  prospective  foster
parent or prospective adoptive parent to commit such offense.
  S  12.  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,  THROTTLING,  STRANGULATION,
assault  in  the  second  degree,  assault  in  the  third  degree or an
attempted assault, THROTTLING 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 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. Notwithstanding a complainant's election to proceed in fami-
ly  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 fami-
ly or household" shall mean the following:
  S  13.  This act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A10237

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Sponsored By

LENTOL

Archive: Last Bill Status - In Assembly Committee

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Dennis H. Gabryszak

Helene Weinstein

2009-A10237 (ACTIVE) - Details

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2009-A10237 (ACTIVE) - Bill Text download pdf

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