Assembly Bill A8375

2009-2010 Legislative Session

Grants criminal courts and family courts concurrent jurisdiction over certain sex offenses committed against a family member or member of the same household

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Archive: Last Bill Status - Stricken

  • 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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2009-A8375 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.11, CP L; amd §§812 & 821, Fam Ct Act

2009-A8375 (ACTIVE) - Summary

Grants criminal courts and family courts concurrent jurisdiction over sexual misconduct, forcible touching, sexual abuse in the third degree and sexual abuse in the second degree as defined in subdivision 1 of section 130.60 of the penal law committed against a family member or member of the same household.

2009-A8375 (ACTIVE) - Bill Text download pdf 

                            
                    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

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