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Assembly Bill A4835

2015-2016 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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2015-A4835 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง812, Fam Ct Act
Versions Introduced in 2013-2014 Legislative Session:
A8207

2015-A4835 (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.

2015-A4835 (ACTIVE) - Bill Text download pdf 

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

                                  4835

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

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 amended by chapter 526 of the laws of 2013,  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, an attempted assault, identity theft in the first degree,
identity theft in the second degree, identity theft in the third degree,
grand larceny in the fourth degree, grand larceny in the third degree or
coercion in the second degree as set forth in subdivisions one, two  and
three  of  section  135.60  of  the  penal law 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. Notwithstanding a complainant's election to proceed in fami-
ly  court,  the  criminal court shall not be divested of jurisdiction to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03708-01-5

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