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Assembly Bill A5756

2013-2014 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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2013-A5756 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A5868
2011-2012: A7522
2015-2016: A4875
2017-2018: A3361

2013-A5756 (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.

2013-A5756 (ACTIVE) - Bill Text download pdf 

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

                                  5756

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. McKEVITT, GRAF, KOLB -- 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 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,  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, 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  breathing  or  blood  circulation, strangulation in the
second degree, strangulation 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03672-01-3

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