S T A T E O F N E W Y O R K
________________________________________________________________________
S. 405 A. 316
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 5, 2011
___________
IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered
printed, and when printed to be committed to the Committee on Children
and Families
IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- read once and referred
to the Committee on Children and Families
AN ACT to amend the family court act and the criminal procedure law, in
relation to family offenses alleged to have been committed by juve-
niles under the age of eighteen
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 separately amended by chapters 341 and 405 of
the laws of 2010, 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, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault in the
third degree or an attempted assault, criminal obstruction of breathing
or blood circulation 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 criminally respon-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00266-01-1
S. 405 2 A. 316
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.
FAMILY OFFENSES ALLEGED TO HAVE BEEN COMMITTED BY A CHILD UNDER THE AGE
OF EIGHTEEN AGAINST A PARENT OR GUARDIAN SHALL BE ADDRESSED IN ACCORD-
ANCE WITH ARTICLE SEVEN, RATHER THAN THIS ARTICLE, OF THIS ACT. Notwith-
standing a complainant's election to proceed in family court, the crimi-
nal court shall not be divested of jurisdiction to hear a family offense
proceeding pursuant to this section. In any proceeding pursuant to this
article, a court shall not deny an order of protection, or dismiss a
petition, solely on the basis that the acts or events alleged are not
relatively contemporaneous with the date of the petition, the conclusion
of the fact-finding or the conclusion of the dispositional hearing. 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 2. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 405 of the laws of 2010,
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, strangulation in the first
degree, strangulation in the second degree, criminal obstruction of
breathing or blood circulation, 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 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. FAMILY OFFENSES ALLEGED TO HAVE BEEN COMMITTED BY A CHILD
UNDER THE AGE OF EIGHTEEN AGAINST A PARENT OR GUARDIAN SHALL BE
ADDRESSED IN ACCORDANCE WITH ARTICLE SEVEN OF THE FAMILY COURT ACT.
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
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 criminal courts shall
mean the following:
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to petitions filed on or after such
effective date.