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Assembly Bill A8207

2013-2014 Legislative Session

Provides that for family court proceedings, disorderly conduct shall not require an intent to cause public inconvenience, annoyance or alarm but merely an intent to cause inconvenience, annoyance or alarm

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Archive: Last Bill Status - In Assembly Committee

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2013-A8207 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง812, Fam Ct Act
Versions Introduced in 2015-2016 Legislative Session:
A4835

2013-A8207 (ACTIVE) - Summary

Provides that for family court proceedings, disorderly conduct shall not require an intent to cause public inconvenience, annoyance or alarm but merely an intent to cause inconvenience, annoyance or alarm.

2013-A8207 (ACTIVE) - Bill Text download pdf 

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

                                  8207

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the family court act, in relation to disorderly conduct

  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-
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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11749-01-3

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