Assembly Bill A4875

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

                                  4875

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

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 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,  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, 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 criminally responsible by reason of age pursuant
to  section  30.00  of  the  penal law, then the family court shall have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08476-01-5
              

A. 4875                             2

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  proceed-
ing  pursuant  to this section. In any proceeding pursuant to this arti-
cle, a court shall not deny an order of protection, or dismiss  a  peti-
tion,  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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.