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Assembly Bill A5868

2009-2010 Legislative Session

Includes criminal trespass in third degree and unlawful imprisonment in second degree within family offenses over which family and criminal jurisdiction exists

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Archive: Last Bill Status - In Assembly Committee

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2009-A5868 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A7522
2013-2014: A5756
2015-2016: A4875
2017-2018: A3361

2009-A5868 (ACTIVE) - Summary

Adds the offenses of criminal trespass in the third degree and unlawful imprisonment in the second degree to the offenses over which the family court and criminal courts have concurrent jurisdiction.

2009-A5868 (ACTIVE) - Bill Text download pdf 

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

                                  5868

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. McKEVITT, KOLB, WALKER, GIGLIO, ALFANO, BARRA --
  Multi-Sponsored by -- M. of A. ERRIGO,  McDONOUGH  --  read  once  and
  referred to the Committee on Judiciary

AN  ACT  to amend the family court act, in relation to concurrent juris-
  diction over certain family offenses

  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 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,  CRIMINAL  TRESPASS  IN  THE THIRD DEGREE, UNLAWFUL
IMPRISONMENT IN THE SECOND  DEGREE,  harassment  in  the  first  degree,
harassment  in  the  second  degree, aggravated harassment in the second
degree, 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  respon-
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.
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 arti-
cle, "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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

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